Principal, Higher Secondary School Of Art And Culture, Sarakhia, Dhenkanal vs State Of Odisha, Represented Through Its Commissioner-Cum-Secretary, School And Mass Education Department, Bhubaneswar And Others

A.C. Behera, J

This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner(Principal, Higher Secondary School of Art and Culture, Sarakhia, Dhenkanal) praying for a direction to the Council of Higher Secondary Education, Odisha, Bhubaneswar (Opposite Party No.3) and the Controller of Examination, Council of Higher Secondary Education, Odisha, Bhubaneswar(Opposite Party No.4) to allow the petitioner’s institution, i.e., Higher Secondary School of Art and Culture, Sarakhia, Dhenkanal for conducting the Higher Secondary Examination, 2026 of its students in its own institution like the previous years.

The case of the petitioner is that, the Higher Secondary School of Art and Culture, Sarakhia, Dhenkanal had/has been prosecuting +2 Vocational Music Course to its students since the year 2011. The permission and recognition of the said institution of the petitioner was granted on 18.08.2011 and 29.12.2011 respectively as per Annexures-1 and 2. The institution of the petitioner had/has been imparting +2 Vocational Music Course to its students properly since the year 2011. The institution of the petitioner is an unaided institution as per the provisions of Section 3(p) of the Orissa Education Act, 1969. In this year, there are 72 students in the 1st year and 51 students in the 2nd year. All the 51 students in the 2nd year had filled up their forms to appear Higher Secondary Examination, 2026.

Taking the infrastructures and feasibility of the petitioner’s institution into account, the Opposite Parties had allowed/declared to the petitioner’s institution as an independent examination center for conducting the examinations of its own students in the year 2014. Accordingly, since the year 2014 till the year 2025, the students of the petitioner’s institution had been appearing their final Higher Secondary Examination in the petitioner’s institution. Surprisingly, as per Annexure-4, the Opposite Party Nos.3 and 4 showed to the petitioner’s institution erroneously as self-financing Higher Secondary Institution, though, in fact, the same is an unaided institution, but, not a self-financing institution. For which, as per Anenxure-5, the Controller of Examination, Council of Higher Secondary Education, Odisha, Bhubaneswar(Opposite Party No.4) did not allow the institution of the petitioner to continue as examination center of its own students for Higher Secondary Examination, 2026 and tagged the institution of the petitioner to Dhenkanal Higher Secondary Education School, Dhenkanal for the same. To which, the petitioner objected in writing and requested to the Opposite Parties for correction of the Annexure-5 and to permit/allow the petitioner’s institution for conducting the Higher Secondary Examination, 2026 of its own students as before accepting the petitioner’s institution as none self-financing institution. Taking such, objection of the petitioner into account and on verification of the records, the Director, Higher Secondary Education, Odisha, Bhubaneswar (Opposite Party No.2) as per its Office Order No.455 dated 13.01.2026 vide Annexure-6 issued a corrected order in favour of the petitioner’s institution declaring the same as none self-financing institution. For which, the petitioner’s institution has been treated and declared as before as an unaided institution, but, not a self-financing institution. Due to such correction as per Annexure-6, the institution of the petitioner should have been allowed to conduct the examination of Higher Secondary Examination, 2026 of its own students in its own institution and in order to accord permission for the same, he(petitioner) requested in writing to the Opposite Parties.

The practical examination of Higher Secondary Examination, 2026 of the students of the petitioner’s institution has already been allowed by the Opposite Parties to conduct the same in its own institution as before, even though, as per Annexure-5, the examination of the Higher Secondary Examination, 2026 of its students has been tagged to Dhenkanal Higher Secondary School, Dhenkanal and the said practical examination of its students has already been completed smoothly in its own institution as before, but, their theory examination is yet to be commenced since 19.02.2026. The students of the petitioner’s institution have filled up their forms to appear their Higher Secondary Examination, 2026 in its own center, i.e., in their own school.

As per present practice, the question papers are not directly handed over to the examination center. Because, the question papers shall remain in the Hub and from the said Hub, only on the date of examination, the same are transmitted to the examination centers. For which, there is no impediment under law to allow the petitioner’s institution to conduct theory examinations of Higher Secondary Examination, 2026 of its own students in its own institution. Because, it will cause much inconvenience to the students of the petitioner to appear in the tagged center moving long distance.

When, Opposite Parties did not answer to the representations of the petitioner in respect of the prayer for allowing the petitioner’s institution to conduct Higher Secondary Examination, 2026 in its own institution, then, without getting any way, the petitioner approached this Court by filing this writ petition under Articles 226 and 227 of the Constitution of India, 1950 praying for directing the Opposite Parties to declare the petitioner’s institution as the examination center for the year 2026 for its own students, as before along with other appropriate orders or directions, to which, the petitioner is entitled for.

Heard from the learned counsel for the petitioner, learned Additional Government Advocate for the Opposite Party Nos.1 and 2 and learned Senior Counsel for the Opposite Party Nos.3 and 4.

During the course of hearing of the writ petition, the learned counsel for the petitioner argued in support of the averments made by the petitioner in the writ petition, to which, learned Additional Government Advocate for the Opposite Party Nos.1 and 2 and learned senior counsel for the Opposite Party Nos.3 and 4 objected contending that, as per the notification of the Government vide Annexure-5, the Higher Secondary Examination of 2026 of the Vocational +2 Music Course students of the petitioner’s institution is at its midst. Because, the practical examination of the students of this year 2026 has already been completed, but, only theory examination thereof is yet to be commenced since 19.02.2026. Accordingly, the Higher Secondary Examination, 2026 of the students of the petitioner’s institution is at its middle stage.

When, as per the notification vide Annexure-5, the Higher Secondary Examination, 2026 of +2 Music students of the petitioner’s institution has already been progressed substantially, but only, theory examination thereof is to be commenced since 19.02.2026, then at this juncture, any interference with the notification of the Government vide Annexure-5 in the middle stage of the Higher Secondary Examination, 2026 for the change of examination center shall ultimately affect the whole administration/management/process of examination. For which, the question of allowing such prayer of the petitioner for changing the examination center at the midst of the examination does not arise.

Therefore, there is no merit in the writ petition filed by the petitioner. The same must fail.

In result, the writ petition filed by the petitioner is dismissed and disposed of finally directing the Opposite Parties including the Opposite Party Nos.3 and 4 to consider the application, if any, made by the petitioner, to declare his institution as an independent examination center for conducting the Higher Secondary Examination, 2027 of its students and onwards as before.