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2025 DAILYLAW 119432 (ALL)

C/M, KANHAIYA INTER COLLEGE, LAKHIMPUR KHERI THRU. MANAGER ANIL KUMAR VERMA v. STATE OF U.P. THRU. PRIN. SECY., SECONDARY EDUCATION, LKO. AND 4 OTHERS

/697/2025 · 2025-01-27

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5090 Court No. - 19 Case :- WRIT - C No. - 697 of 2025 Petitioner :- C/M, Kanhaiya Inter College, Lakhimpur Kheri Thru. Manager Anil Kumar Verma Respondent :- State Of U.P. Thru. Prin. Secy., Secondary Education, Lko. And 4 Others Counsel for Petitioner :- Jitendra Prakash Mishra,Ram Lal Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner and Mr. S.K. Khare learned State Counsel for opposite parties. 2. Petition has been filed seeking a direction to concerned authority to include name of petitioner's institution being Kanhaiya Inter College, Behjam District- Lakhimpur Kheri in the list of approved Examination Centre for Centre for U.P. Board Class Xth and XIIth Examination for year 2025. 3. In view of directions issued earlier, learned State Counsel has been provided written instructions dated 25.01.2025, a copy of which is taken on record and as per which petitioner's institution was not found eligible for being made an Examination Centre in terms of Paragraph 4 (Kha) of the notification dated 17.09.2024 and was therefore excluded. 4. It has been submitted that although the quality point awarded to petitioner's institution is more and the other unaided private institutions but in terms of said paragraph 4 (Kha) of the notification, primacy is required to be given to those institutions which have more girl students and therefore four other private institutions having more girl students have been made an examination Center excluding the petitioner who had fewer number of girl students. 5. It is also submitted that the examination center for students in the petitioner's institution has been allocated as Raj Rani Mata S. N. Inter College having Code No.1147 and is situate just 1.31 kilometers away. 6. Learned counsel for petitioner does not dispute the aforesaid figures but submits that the petitioner's institution having attained higher merit quality points is required to be made an examination center since it is located in the middle of the locality whereas the other institution selected is on the outskirt. 7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, particularly the written instructions, the factual situation as narrated herein above is admitted that the petitioner's institution has fewer number of girl students as compared to the institutions which have been selected as an examination center. Mere awarding of higher quality points to petitioner's institution cannot be taken as a sole criteria in view of paragraph 4 (Kha) of the notification dated 17.09.2024 which strictly indicates that the aspect of notification of an examination center would be on the basis of primacy being given to those institutions which have more number of girl students. 8. Even otherwise the aspect of notifying examination center pertains to policy in terms of the notification issued and the petitioner's institution does not have any vested statutory right for maintaining such a petition. 9. In view of aforesaid, the petition being devoid of merit is dismissed. Parties to bear their own cost. Order Date :- 27.1.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench