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Judgment
Pradeep Kant, J.
The petitioner no.1 is an association of Bishops of all denominations of Christian community and petitioner no.2 is its Secretary.
In this public interest litigation, their grievance is about fixing of the date of examination of the High School and Intermediate on 10th April 2009 in respect of leak papers.
According to the petitioners Christians shall be celebrating Good Friday on 10th April 2009 and it shall obviously imply offering prayers. Accordingly, their prayer is to quash the holding of Board''s examination on 10th April 2009.
Mr. A.R. Masoodi appearing on behalf of the petitioners contends that the action of the Board in fixing 10th April 2009 as a date of examination is in the teeth on the right of the citizen guaranteed under Article 25 of the Constitution of India. He points out that it can be done only by law. In support of his submission, reliance has been placed on a decision of the Supreme Court in the case of Bijoe Emmanuel and others vs State of Kerala and others, reported in (1986) 3 SCC 615.
The submission of Mr. A.R. Masoodi has only been noted to be rejected. Fixing the date of examination is the prerogative of the body which conducts the examination. Here on account of leak of various papers, the examination was cancelled and the Board had decided to hold the examination of such papers right from 5.4.09 to 11.4.09, including 10th April 2009.
This Court in exercise of power of judicial review shall not tinker with the date of examination. We are of the opinion that this public interest litigation is absolutely misconceived, and is dismissed with costs of Rs.10,000/ to be paid by the petitioner to the Legal Services Authority. The costs awarded be deposited within four weeks. In case of failure, the Registrar shall take steps for its recovery as arrears of land revenue.