High CourtsSingle Bench(2020) 02 P&H CK 0105

Tagore Senior Secondary School vs Central Board Of Secondary Education And Another

Punjab And Haryana At Chandigarh · Decided on 11 February 2020

HON’BLE JUDGES
Sudhir Mittal, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 3706 Of 2020

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Judgment

18 paragraphs · 382 words

Sudhir Mittal, J

1.

The petitioner had approached this Court through CWP No. 2371 of 2020 as a representation made by it for change of examination centre was not

being decided. The said writ petition was disposed of vide order dated 29.01.2020 (Annexure P-7) and a direction was issued to the CBSE to take an

appropriate decision on the representation made by the petitioner. Decision dated 08.02.2020 (Annexure P-8) has been taken and the request of the

petitioner for change of examination centre has been rejected. Thus, the present writ petition has been filed.

2.

Learned counsel for the petitioner submits that the examination centre given by CBSE is not very viable because the management of the said school

harasses the students of the petitioner, being a competitor and thus, the environment is not conducive for the students to take their examination.

Further, the school is at a distance of 11 kilometers and a railwayline intervenes. Three trains pass over the railwayline between 9.00 am to 10.00 am

and thus, the students may get late in reaching the examination centre. Consequently, the impugned order be set aside as respondent has not

considered the difficulty of the students in reaching the venue.

3.

So far as the grievance regarding harassment of the students is concerned, the impugned order makes it abundantly clear that the CBSE would

safeguard the interests of the students and would prevent any harassment. Regarding the difficulty in reaching the venue, the writ court is not

equipped to pass a decision on the issue. The CBSE is the competent authority for taking a decision. It has the responsibility to allot a large number of

examination centres and various considerations have to be taken into consideration for the said purpose. Upon consideration of all these aspects, a

decision would have been taken. No mala fides have been alleged nor is it possible to allege malafides as the CBSE is not a competitor of the

petitioner. Administrative decisions are within the domain of the administrative authority and cannot be interfered with unless the decision making

process is shown to be flawed or illegal. No illegality or perversity has been pointed out in the decision making process.

4.

Thus, I do not find any merit in this writ petition. The same is dismissed.