C/M SHRI NARMADESHWAR INTER COLLAGE, RAEBARELI THRU. MANAGER SHIV KARAN SINGH v. STATE OF U.P. THRU. PRIN. SECY. SECONDARY EDUCATION, LKO AND 6 OTHERS
/508/2025 · 2025-01-31
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 118184 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118184 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6777 Court No. - 19 Case :- WRIT - C No. - 508 of 2025 Petitioner :- C/M Shri Narmadeshwar Inter Collage, Raebareli Thru. Manager Shiv Karan Singh Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Education, Lko And 6 Others Counsel for Petitioner :- Ajay Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioner and Mr. Sanjeev Srivastava, learned State Counsel for opposite parties.
2. Petition has been filed seeking a direction to authorities concerned for making petitioner's institution a Board Examination Center for High School and Intermediate Examination 2025 in terms of Government Order dated
17.11.2025.
3. On 27.01.2025, the following order had been passed:-
"In pursuance of directions issued earlier, supplementary affidavit filed today on behalf of petitioner is taken on record. Learned State Counsel on the basis of written instructions dated 25.01.2025, which is taken on record, also admits that petitioner's institution applied online for being an examination center but its candidature was rejected since there was no further need of any other examination center. List this case on 30.01.2025, as fresh in order to enable learned State Counsel to obtain instructions as to how many examination centers were required in the particular area, out of which how many private aided institution applied and the quality marks on which basis the institution in question has not been selected since the instructions indicate that petitioner's institution being a girls school has been allocated the examination center which is 9.67 kilometers away."
4. On 30.01.2025, the following order had been passed:-
"1. In pursuance of directions issued earlier, written instructions have been provided to learned State counsel, as per which there is no eligible school within the zero to seven kilometers radius, which could be considered for being made an examination Center.
2. However instructions indicate that the petitioner's institution has been granted merit score of 140 and is apparently second on the list.
3. Learned State counsel although has adverted to paragraph 4(Ga) of the Government Order dated 17.09.2024 but has been unable to indicate whether examinees of all the schools coming within zero to seven kilometer radius collectively have less than 250 students due to which they cannot be considered under the said criteria.
4. With regard to aforesaid aspect, list this case on 31.01.2025, as fresh in
order to enable learned State counsel to obtain instructions in this matter."
5. In pursuance thereof, learned State Counsel has been provided written instructions dated 30.01.2025, which are taken on record and as per which, there are only two schools within zero to seven kilometers radius with petitioner's institution being aided and the other one being self-financed. It is submitted that petitioner's institution has a merit score of 140 but the other institution namely Acharya Sri Mahavir Prasad Dwivedi Inter College Bhojpur, Raebareli has been attached with Shree Bhagwati Vidyalaya Inter College which has a merit score of 180 and is within zero to seven kilometers of the said institution leaving petitioner institution as the only school in that area with a strength of girl students as 167.
6. It is submitted that since in terms of paragraph 4 (Ga) of the Government Order dated 17.09.2024, the number of girl students is less than 250, and there being no other institution available within zero to seven kilometers radius of petitioner institution, it has also been attached with the said institution which is 9.67 kilometers away which is nearest to petitioner institution i.e. only within seven kilometers of the other institution.
7. In view of such instructions and particularly in view of the fact that no violation of Government Order dated 17.09.2024 is evident and even otherwise, petitioner institution not having any substantive vested right for being allocated as an examination center, the petition being devoid of merit is dismissed. Parties to bear their own cost.
Order Date :- 31.1.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench