Madhya Pradesh High Court
Ku. Sapna Kushwah Thr. Its Naturl ... vs The State Of Madhya Pradesh on 1 March, 2018
THE HIGH COURT OF MADHYA PRADESH
1
Writ Petition No.3776/2018
(Ku. Sapna Kushwaha and Others Vs. State of M.P. and Others)
Gwalior, Dated; 01/03/2018
Shri R.B.S. Tomar, learned counsel for the petitioners.
Shri Ajay Bhargava, learned Government Advocate for
respondent No.1/ State.
Shri J.P. Mishra and Shri Gaurav Mishra, learned counsel for respondents No.2 and 3/ Board.
With consent, heard finally.
The present petition under Article 226 of the Constitution of India has been preferred by the petitioners/ students of Class 10th (as well as petitioner No.6-Institution) through their respective natural guardian, seeking direction for change of examination center of the petitioners/ students of Class 10th for the Academic Session 2017-18 from Moral Convent Higher Secondary School Adityapuram, Gwalior to some other school at village Chinore or any nearby center.
Precisely stated facts of the case are that petitioners No.1 to 5 are regular students of Class 10th of School Royal Kids Academy, Main Road Chinore, District-Gwalior run by Shri Ganesh Ram Asharfi Shiksha Avam Samaj Kalyan Samiti, petitioner No.6 herein. Petitioner No.6-Institution (for short "Institution") is having recognition from the Board of Secondary Education for the Academic Session 2017-18. Similarly, Institution has total 53 students in Class 10th as regular students. Village Chinore is a remote and rural area and therefore, students mainly belong to category of Below Poverty Line. Vide guidelines dated 20 th July, 2017 issued by the State Government, determination of examination centers of High School/ Higher Secondary school examinations are made. The fact of distance from the examination center from any school is an important factor and in rural area, maximum distance can be upto 10 km. and after that clear reason THE HIGH COURT OF MADHYA PRADESH 2 Writ Petition No.3776/2018 (Ku. Sapna Kushwaha and Others Vs. State of M.P. and Others) is to be assigned for determination of such center.
It is the grievance of the petitioners that at the time of uploading of examination forms of the students of 10 th Class, only names of the students and their other particulars are to be filled up and other material particulars like District, Region, Block and Area etc., are already locked (digitally) in the examination form and therefore, students and institution, both do not have any liberty or leverage to change the same if any discrepancy occurs. Here in the present case, vide Annexure P/2, check list 2017 has been provided by the Board to the students of the Institution (petitioner No.6 herein) in which District-Gwalior, Block -Bhitarwar is specifically mentioned but at the same time, Region has been mentioned as Nagar Nigam and Area has been referred as Urban and therefore, this created anomalous situation because the Board considered the said aspect and assigned the examination center in urban area whereas the area should have been near Chinore, i.e. Rural Area.
Interestingly, guidelines dated 20th July, 2017 placed as Annexure R/2-1 stipulates the physical verification of the examination center within time frame assigned into it. Here before 10th August, 2017, physical verification had to be made. It appears that said anomaly could not catch the attention of the authorities. The present examination center for petitioners is around 65 km., distant from their village and it would be a difficult task; for the students of modest background to reach to the examination center specially in the earlier hours (as examination time is 9 AM to 12 Noon). Therefore, in the present fact situation of the case, petitioners sought change of examination center.
Learned counsel for respondent/ Board filed the reply and opposed the prayer. According to counsel for the petitioners, fixation of examination center is based on the decision of the 7 THE HIGH COURT OF MADHYA PRADESH 3 Writ Petition No.3776/2018 (Ku. Sapna Kushwaha and Others Vs. State of M.P. and Others) member committee headed by the Collector in which Board was also one of the members and the said committee selected the examination centers. Provisional list of examination centers was published on 20th August, 2017 for which the objections should have been filed on or before 30th August, 2017. Now at the fag end of the academic session, no decision can be taken for change of examination center.
As per the documentation made by the petitioners, examination center has been awarded. The selection of the examination center by the committee is entirely a policy decision and therefore, petitioners cannot seek change of examination center. He prayed for dismissal of the petition.
Heard the learned counsel for the parties and perused the documents appended with the petition.
The case is in respect of change of examination center from urban area (Moral Convent Higher Secondary School Adityapuram Gwalior) to rural area Village Chinore and its vicinity. Petitioners (except petitioner No.6) are the students of Class-10 th and they are studying in Royal Kids Academy School, Chinore, District-Gwalior. Some of the petitioners are girl students and they are also aggrieved by fixation of examination center at 65 km. distant from their place of residence.
From perusal of the documents appended with the petition, it appears that Nominal Check List, 2017 (Annexure P/2) filled up by the students/ Institution shows that petitioners are from the school, which is situate at Block Bhitarwar (Rural Area). It also contains the Region as Nagar Nigam but the same is factual malware (software error). Petitioners have also filed the document dated 16/02/2018 issued by the District Education Officer, approved by the Collector District-Gwalior addressed to Secretary of the Board in which it has been indicated that students of Royal Kids Academic THE HIGH COURT OF MADHYA PRADESH 4 Writ Petition No.3776/2018 (Ku. Sapna Kushwaha and Others Vs. State of M.P. and Others) High School, Chinore (total 53 in number ) can be accommodated in other school referred in the said letter. Another proposed examination center is Govt. Higher Secondary School Chinore. It appears said recommendation has been made because Collector and other authorities came to know about the discrepancy occurred due to miscommunication or digital malware and possible inconvenience to be faced by students. Once the Collector and District Education Officer, Gwalior have recommended the matter on 16/02/2018, then it was the duty of the Board to have decided the question of examination center then and there only, rather than waiting for such a long period.
Besides that, it appears that distance from village Chinore to Morar, Gwalior is around 60-65 km., (which is quite considerable distance to cover) for the students. Examination starts at 9 AM and therefore, they will have to reach prior to it and looking to their area of residence and poor transport connectivity, it would be difficult for them to reach at such a distant place in early morning. 10th Board examination is the test of mental ability, agility and fitness and unless the student is in proper bend of mind, he/she cannot perform to the fullest of his/ her potentials. Once much attention is given to the School Education as Constitutional Goal, specially to the girl students then it is imperative for the State to proactively make the atmosphere conducive and congenial to the students, specially girl students to perform papers and exams to the best of their ability excel in their life.
The examination schedule appended by the parties indicates that the examination is to be started from 05th March, 2018 and 09th March, 2018 would be the second paper of Mathematics. Therefore, for 05th and 09th March, 2018, the center which is being prescribed by the respondent/ Board i.e. Moral Convent Higher Secondary School, Adityapuram Morar, District-Gwalior would be THE HIGH COURT OF MADHYA PRADESH 5 Writ Petition No.3776/2018 (Ku. Sapna Kushwaha and Others Vs. State of M.P. and Others) the center, but for 13th March, 2018 onwards (13/03/2018, 16/03/2018, 21/03/2018 and 27/03/2018) would be the examination center near vicinity of the village Chinor or as referred by the District Education Officer (approved by the Collector) in letter dated 16/02/2018 i.e., examination center having Code No.141022 Govt. Higher Secondary School, Chinore.
Needful be done by the respondent/ Board as well as by the other respondents specially Collector, Superintendent of Police and District Education Officer of District-Gwalior so that papers and answer-sheets of the examination may reach to the center within time and students may not face inconvenience on the pretext of change of examination center.
Before parting, petitioner No.6/ School Management is directed to make arrangement for the students of their school including the petitioners No.1 to 5 for taking them through suitable conveyance/ vehicles. Vehicles have to be engaged by the school management for taking the students from their place of residence to examination center and for taking back them for 05 th and 09th March, 2018 and after that State will take care because examination would be in petitioners' vicinity. It is made clear that management shall bear the expenses of transport and will not take excess amount/ fees from the students for the said purpose.
With the aforesaid directions, petition stands allowed and disposed of.
(Anand Pathak) Judge vc Digitally signed by VARSHA CHATURVEDI Date: 2018.03.01 17:24:40 +05'30'