and order : 15.09.2016 Whether fit for reporting : NO Judgment and Order(Oral) All these petitions being WP(C). No. 957 of 2016 [ Abhijit Kalai v. State of Tripura & Ors.], WP(C). No. 959 of 2016 [ Khumber Debbarma v. State of Tripura & Ors.], WP(C). No. 960 of 2016 [ Biswajit Murasingh v. State of Tripura & Ors.],WP(C). No. 961 of 2016 [ Prabin Rupini v. State of Tripura & Ors.], WP(C). No. 963 of 2016 [ Sangita Reang v. State of Tripura & Ors.], WP(C). No. 964 of 2016 [ Sumal Debbarma v. State of Tripura & Ors.], WP(C). No. 966 of 2016 [ Sabita Debbarma v. State of Tripura & Ors.], WP(C). No. 967 of 2016 [ Sanjoy Debbarma v. State of Tripura & Ors.], WP(C). No. 968 of 2016 WP(C)Nos.957/959/960/961/963/964/966/967/968/971/972/974/975/977/978/979/980/981/982/983/996/997/ 998/999/1000/1001/1002/1003/1004/1005/1006/1007/1008/1009/1010/1011/1 012/1013/1014/1015/1016/1032/1033/1034 of 2016 Page 24 of 32 [ Mintu Debbarma v. State of Tripura & Ors.], WP(C). No. 971 of 2016 [ Miltan Debbarma v. State of Tripura & Ors.], WP(C). No.

972 of 2016 [ Sambho Kaina Debbarma v. State of Tripura & Ors.], WP(C). No. 974 of 2016 [ Tamanna Debbarma v. State of Tripura & Ors.], WP(C). No. 975 of 2016 [ Rabita Debbarma v. State of Tripura & Ors.], WP(C). No. 977 of 2016 [ Kamal Murasingh v. State of Tripura & Ors.], WP(C). No. 978 of 2016 [ Samar Debbarma v. State of Tripura & Ors.], WP(C). No. 979 of 2016 [ Surendra Reang v. State of Tripura & Ors.], WP(C). No. 980 of 2016 [ Dibangi Jamatia v. State of Tripura & Ors.], WP(C). No. 981 of 2016 [ Saranbati Reang v. State of Tripura & Ors.], WP(C). No.

982 of 2016 [ Suraj Kalai v. State of Tripura & Ors.], WP(C). No.

983 of 2016 [ Mitali Debbarma v. State of Tripura & Ors.], WP(C). No. 996 of 2016 [ Shiva Rupini v. State of Tripura & Ors.], WP(C). No. 997 of 2016 [ Kothar Kalai v. State of Tripura & Ors.], WP(C). No. 998 of 2016 [ Fulban Kalai v. State of Tripura & Ors.], WP(C). No. 999 of 2016 [ Kalam Debbarma v. State of Tripura & Ors.], WP(C). No. 1000 of 2016 [ Samarat Jamatia v. State of Tripura & Ors.], WP(C). No. 1001 of 2016 [ Chandan Debbarma v. State of Tripura & Ors.], WP(C). No. 1002 of 2016 [ Binode Kr. Reang v. State of Tripura & Ors.], WP(C). No. 1003 of 2016 [ Pramijoy Reang v. State of Tripura & Ors.], WP(C). No. 1004 of 2016 [Damantari Reang v. State of Tripura & Ors.], WP(C). No. 1005 of 2016 [ Anamika Debbarma v. State of Tripura & Ors.], WP(C). No. WP(C)Nos.957/959/960/961/963/964/966/967/968/971/972/974/975/977/978/979/980/981/982/983/996/997/ 998/999/1000/1001/1002/1003/1004/1005/1006/1007/1008/1009/1010/1011/1 012/1013/1014/1015/1016/1032/1033/1034 of 2016 Page 25 of 32 1006 of 2016 [ Nabin Ch. Reang v. State of Tripura & Ors.], WP(C). No. 1007 of 2016 [ Talirung Reang v. State of Tripura & Ors.], WP(C). No. 1008 of 2016 [ Chandra Kr. Debbarma v. State of Tripura & Ors.], WP(C). No. 1009 of 2016 [ Ruhit Debbarma v. State of Tripura & Ors.], WP(C). No. 1010 of 2016 [ Ajay Debbarma v. State of Tripura & Ors.], WP(C). No. 1011 of 2016 [ Bappi Debbarma v. State of Tripura & Ors.], WP(C). No. 1012 of 2016 [ Maniram Reang v. State of Tripura & Ors.], WP(C). No. 1013 of 2016 [ Jakhan Kr. Reang v. State of Tripura & Ors.], WP(C). No. 1014 of 2016 [ Saidai Rung Reang v. State of Tripura & Ors.], WP(C). No. 1015 of 2016 [ Chodaram Reang v. State of Tripura & Ors.], WP(C). No. 1016 of 2016 [Bedorung Reang v. State of Tripura & Ors.], WP(C). No. 1032 of 2016 [ Bishal Debbarma v. State of Tripura & Ors.], WP(C). No. 1033 of 2016 [ Braja Kishore Tripura v. State of Tripura & Ors.] and WP(C). No. 1034 of 2016 [ Pijesh Debbarma v. State of Tripura & Ors., are clustered for disposal by a common judgment inasmuch as issues are common and setup in an identical conspectus of fact.

[2] Heard Mr. A. Bhowmik, learned counsel appearing for the petitioners. Mr S. Chakraborty, learned Addl. G.A. appearing for the State respondents and Mr. P. Dutta, learned counsel appearing for the respondent No. 3., Tripura Board of Secondary Education. WP(C)Nos.957/959/960/961/963/964/966/967/968/971/972/974/975/977/978/979/980/981/982/983/996/997/ 998/999/1000/1001/1002/1003/1004/1005/1006/1007/1008/1009/1010/1011/1 012/1013/1014/1015/1016/1032/1033/1034 of 2016 Page 26 of 32

[3] By means of these writ petitions, the writ petitioners who are the continuing students, desiring to appear in the Madhayamik Examination, 2017, to be conducted by the Tripura Board of Secondary Education [TBSE, in short]. The petitioners have made a limited prayer in these writ petitions that they shall be allowed to appear in any examination centre situated at Agartala as per discretion of the respondent No. 3, TBSE.

[4] There is no dispute that most of the students are appearing from various schools situated in the far flung area beyond the area of Agartala Municipal Corporation and they are registered with their own schools which they had mentioned in their petitions. They have already approached the TBSE by making a representation through one of the learned counsel of this Court and demanded that such decision as contemplated shall be taken by the TBSE.

[5] Since they did not get any response as yet and since the examination schedule has already been published by the TBSE on 19.05.2016, as available in the Annexure-P/4 to the writ petitions, they have approached this Court. Before the matter was taken up for disposal on merit, this Court passed an order on 01.09.2016 and the relevant part of which is as under:

Mr. Bhowmik, learned counsel of the petitioners submitted that all the petitioners belong to ST Community from the interior areas of the State and they are all dropout students, appeared in the Madhyamik examination conducted by the Tripura Board of Secondary Education (TBSE) but came out unsuccessful and thereafter they have been undertaking their coaching at Agartala and they want to appear from any school at Agartala as an external candidate. He has also WP(C) Nos.957/959/960/961/963/964/966/967/968/971/972/974/975/977/978/979/980/981/982/983/996/997/ 998/999/1000/1001/1002/1003/1004/1005/1006/1007/1008/1009/1010/1011/1 012/1013/1014/1015/1016/1032/1033/1034 of 2016 Page 27 of 32 submitted that all the writ petitions were filed on 22.08.2016 and three writ petitions were filed day before yesterday and that they may be allowed to collect the forms from their respective schools and submit the forms after complying the formalities and that regarding examination centre the matter may be heard at an early date. Learned counsel, Mr. Dutta appearing for the respondent No.3 candidly submitted that respondent No.3, the Tripura Board of Secondary Education (TBSE) published the public notice on 19.05.2016 fixing the calendar for the coming Madhyamik and Secondary Examination in respect of collection of form, submission of form, etc., and that any deviation from it will disturb the entire process of examination. He has also submitted that examination centre cannot be changed at the whims of any candidate and that some definite procedure is prescribed in the regulations of the Board regarding the examination centre and other procedure to hold the examination. At the desire of any candidate there cannot be any change in the regulations. Mr. Bhowmik, learned counsel for the petitioners also submitted that the petitioners issued a legal notice on 25.07.2016 but that was not replied by the Board. Mr. Dutta, learned counsel for the Board submitted that the legal notice was containing all illegal prayers and submissions and therefore the Board did not feel it necessary to give response to the notice. He has also submitted that by issuing the legal notice the petitioners sought for issuing them admit card to appear in the examination and according to Mr. Dutta, admit card cannot be issued by the Board to any person as desired since it has to be issued in a proper process according to the provisions prescribed in the regulations through the particular school. It is an admitted position that a candidate whether regular or external has to appear in the board examinations through a particular school. The Board declares the examination centers throughout the State. The Board cannot be directed to issue admit card or to issue form to any particular candidate directly. The regulation prescribes that a candidate whether regular or external has to approach for appearing in the examination through a particular school only. As per the notified programme of the Board dated 19.05.2016, the printed form 7M for continuing candidates should be collected by the concerned school from the Board during the period from 22.08.2016 to 27.08.2016. Rightly or wrongly, the petitioners issued a notice on 25.07.2016. This batch of writ petitions, excepting three, were filed on 22.08.2016 but it has been placed before the Court only today since to process it, it took a few days time in the Registry. If the petitioners are not allowed to approach the school to collect the forms and submit the forms for appearing in the coming Madhyamik examinations they will lose a year. The application form as per schedule should be submitted by the School to the Board during the period from 13.09.2016 to 17.09.2016. Since the date of submission of form has not yet been elapsed, this Court considering the fact that these tribal young boys will be losing a year, as a special case, allowing the writ petitioners a privilege to approach the concerned school, through WP(C) Nos.957/959/960/961/963/964/966/967/968/971/972/974/975/977/978/979/980/981/982/983/996/997/ 998/999/1000/1001/1002/1003/1004/1005/1006/1007/1008/1009/1010/1011/1 012/1013/1014/1015/1016/1032/1033/1034 of 2016 Page 28 of 32 which they last appeared in the Madhyamik examination, to collect forms as a continuing candidate from the Board and to fill up the forms observing the necessary formalities as prescribed by the Board within 07.09.2016 from their respective schools. The respective schools are directed to collect the forms from the Board, if they are approached within 5th of this month by the particular petitioners and then if the candidate is found eligible for his appearing in the examination as a continuing candidate otherwise according to the rules, the concerned school will submit the form to the Board and the entire process should be complied within 7th September, 2016 so that no inconvenience is caused to the Board to process it. The respective candidates with copy of this order may approach the concerned school through which they appeared in the last Madhyamik examination.

[6] The said order was passed as exception, but not to form precedent to be followed in future. Mr. Bhowmik, learned counsel appearing for the petitioners has submitted that all the petitioners have attended their coaching classes at Agartala for having the study materials and guidance etc., and they intend to continue with such guidance till the time they appear in the examination. In this context, they have prayed for allowing them to appear in any examination centre at Agartala, as per discretion of the TBSE.

[7] Mr. Bhowmik, learned counsel for the petitioners has further submitted that the centre is a well defined word in the Admission and Examination Regulations, 2008 which is scrupulously followed by the Tripura Board of Secondary Education [the TBSE, in short]. He has also pointed out that Regulation 16 provides as under:

(i) The Secondary and Higher Secondary Examinations will be conducted by the Board on dates to be fixed by it and at such centres as may be selected by the Board. WP(C)Nos.957/959/960/961/963/964/966/967/968/971/972/974/975/977/978/979/980/981/982/983/996/997/ 998/999/1000/1001/1002/1003/1004/1005/1006/1007/1008/1009/1010/1011/1 012/1013/1014/1015/1016/1032/1033/1034 of 2016 Page 29 of 32

(ii) The Board shall have the authority to ask any candidate for any examination to appear at an examination at a particular centre and at his/her own cost.

[8] That apart, there is a provision that if a candidate reports to an examination Centre not assigned to him/her through mistake and if it is not possible for his/her to go to his/her Centre in time, the Officer-in-charge may allow him/her to take his/her examination at the Centre for one session/day only and send a report in this regard to the Secretary of the Board.

[9] For purpose of showing this provision to this Court is obvious that the Court may exercise the discretion and flexibility in allotting the centre to the examinees. Thus, the petitioners may be accommodated in any of the examination centres at Agartala for their appearance in the Madhyamik Examination, 2017 as the contiuning students from those schools where they are registered as the student. [10] Mr. P. Dutta, learned counsel appearing for the TBSE, has submitted that the students cannot as a matter of right demand that a particular examination centre shall be allocated for his appearance in the examination. The Board has its own procedure and regulations in respect of conducting the public examinations. The usual rule is that the candidate who desires to appear through a school where he is registered as the continuing student, he has to appear where the examination centre for that particular school would WP(C)Nos.957/959/960/961/963/964/966/967/968/971/972/974/975/977/978/979/980/981/982/983/996/997/ 998/999/1000/1001/1002/1003/1004/1005/1006/1007/1008/1009/1010/1011/1 012/1013/1014/1015/1016/1032/1033/1034 of 2016 Page 30 of 32 be allocated. This is done so for conducting the examinations fairly and smoothly without any sort of disruption. [11] Thata part, the answer scripts are also serialised/arranged in such a manner no error at the time of publication of the result can take place. Be that as it may, this Court is of the considered opinion that this Court does not have any jurisdiction to direct the TBSE to allocate a particular examination centre to any candidate. It is in the domain of the TBSE to conduct their examinations according to the regulations or the decisions of the board. [12] However, the Board, as from the Provisions of the Regulations it appears that the TBSE exercises wider discretion to look in the interest of the candidates who are appearing in the examination [13] Having regard to that aspect of the matter the petitioners are given an opportunity to file an application to the Secretary to the Board of Secondary Education for consideration of the matter relating to examinations centre. Such representation shall be filed by 31.10.2016 through their respective schools where they are registered as students for appearing in the examination of the Board. [14] The TBSE when they would receive such application through the respective school of the petitioners, shall consider WP(C)Nos.957/959/960/961/963/964/966/967/968/971/972/974/975/977/978/979/980/981/982/983/996/997/ 998/999/1000/1001/1002/1003/1004/1005/1006/1007/1008/1009/1010/1011/1 012/1013/1014/1015/1016/1032/1033/1034 of 2016 Page 31 of 32 whether the petitioners could be provided the examination centre as requested by the candidates or not. But it is made clear that the Board shall take decision having regard to the greater public interest and of conducting the examination in smooth and fair manner. [15] It is further made clear that, if the petitioners are appearing in the examinations conducted by the TBSE, they shall bound by the decision of the TBSE. Having observed thus, these writ petitions are disposed of. There shall be no order as to costs. JUDGE A.Ghosh WP(C)Nos.957/959/960/961/963/964/966/967/968/971/972/974/975/977/978/979/980/981/982/983/996/997/ 998/999/1000/1001/1002/1003/1004/1005/1006/1007/1008/1009/1010/1011/1 012/1013/1014/1015/1016/1032/1033/1034 of 2016 Page 32 of 32