Court No. - 33
Case :- WRIT - C No. - 11547 of 2018 Petitioner :- Vivek Yadav And 4 Others Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Hari Shankar Nath Tripathi,Pankaj Tripathi,Prem Shankar Tripathi Counsel for Respondent :- A.S.G.I.
Hon'ble Manoj Misra,J.
Heard learned counsel for the petitioners; Sri Rajesh Tripathi for respondents 1 to 4 and Sri Bharat Pratap Singh holding brief of Sri Dhananjay Awasthi for respondent no.5.
The present petition is by candidates who were registered as such by the National Institute of Open Schooling (NIOS). They are aggrieved by allotment of examination centre for the forthcoming examination to be conducted by NIOS.
It is the case of the petitioners that the examination centre provided to them is at a distance of about 75 kms from the study center where they were enrolled. Their prayer is that examination centre be provided at nearby place so that the petitioners could conveniently participate in the forthcoming examination.
Sri Bharat Pratap Singh as well as Sri Rajesh Tripathi have produced booklet published by National Institute of Open Schooling (NIOS) providing guidelines for Establishment of Public Examination Centre for NIOS.
As per the guidelines, for appointment as examination centre preference is to be provided to category A type of schools such as (i) Kendriya Vidyalaya and AI (KVAI); (ii) Navodaya Vidyalaya and AI (NVAI); (iii) Central Government Organization Schools and AI (CGAI); (iv) Kendriya Vidyalaya (KV); (v) Navodaya Vidyalaya (NV); (vi) Central Government Organization and Defence Sector Schools (CGDS); (vii) CBSE/ISCE Independent School and AI (CBAI); (viii) State Government/Aided Schools/Inter/Junior College and AI (SGAI); and State Government Independent School/Inter/Junior College and AI (SBAI). Only in absence thereof other category of institutions are to be considered.
The counsels for respondents have also submitted that there is no provision under the guidelines that examination centre is to be allotted within a specified distance from the study center. It has been submitted that the examination centre allotted to the petitioners is Jawahar Navodaya Vidyalaya which is specified as category A institution.
In view of above and in absence of any provision shown by the petitioners to demonstrate that the examination centre is to be allotted within a particular radius from the study center with which the petitioners have been registered, this Court finds no good reason to entertain this petition. The petition is accordingly dismissed.
Order Date :- 29.3.2018. Rks.