WP(C) 288/2008 BEFORE HON’BLE MR. JUSTICE AMITAVA ROY In challenge is the order dated 07.01.2008, passed by the Secret ary, Board of Secondary Education, Assam (hereafter for short referred to as the ’Board’), shifting the venue of the High School Leaving Certificate/A.H.M. Exam ination, 2008 from Jalabila High School to Silbari Public High School. The peti tioner before this Court is a member of the School Managing Committee of the Jal abila High School. I have heard Mr. AM Mazumdar, Senior Advocate assisted by Mr. MU Mondal, Advocate for the petitioner, Mr. T Islam, learned Standing counsel, Edu cation Department, Assam and Mr. TC Chutia, learned counsel for the Board. Also heard Mr. Z Hussain, learned counsel for the respondent No.5, Headmaster of Sil bari High School. The petitioner’s case in short, is that his school had been the center of the aforementioned examination since the year 1996. Though, it was sh ifted for a year i.e. in the year 2006 to Silbari Public High School, the center was restored at Jalabila High School in the year 2007. The intervening litigations between the parties being of no cons equence, factual details pertaining thereto, are being avoided. Responding to s ome complaints made against the examination center at Jalabila High School, inqu iries were made and an adverse report was submitted by the Circle Officer, Bagri bari to the Sub-Divisional Officer, on 12.09.2007, recommending against the cont inuance of the center thereat. The Board, however, caused independent inquiry t o be made into the allegations to which a report was submitted by its deputed of ficers on 20.11.2007, to the effect that imputations leveled were not establishe d. It was categorically mentioned therein that there was no evidence of the all eged malpractices in the examination hall of the center. The reports disclose t hat the inquiry was conducted in the presence of responsible inhabitants of the locality and a sizeable cross-section of the people of the neighbourhood interes ted in the welfare of the students thereof. The Examination Committee of the Bo ard in its meeting held on 11.12.2007, while dwelling on the report, noticed the absence of adverse input against the center at Jalabila High School. However, acting on the fact that a writ proceeding being W.P(C) No. 5500/2007, was pendin g before this Court instituted by the Headmaster of the Jalabila High School, pe rtaining to a charge of having forged his age, it decided against continuing wit h the said school as the venue for the aforementioned examinations. As a follow up step, the impugned order as above, was passed. Mr. Mazumdar, has urged that having regard to the report submitt ed by the authorities of the Board, giving a clean-chit to the Jalabila High Sch ool, the impugned order purportedly on the basis of the resolution of the Examin ation Committee taken on 11.12.2007, is per se, arbitrary, unfair and unjust and is liable to be interfered with. According to the learned Senior counsel, the Headmaster of the Jalabila High School had approached this Court being aggrieved by the proposed action of retiring him prematuredly acting on his wrong date of birth and that the allegation of forgery is baseless. Mr. Mazumdar, has theref ore, urged that this ground by no means could have been applied in support of th e impugned decision. According to him, even assuming that the above factor was available against the Headmaster of Jalabila High School, the same did not justi fy the shifting of venue as the examinations, can very well be conducted under t he supervision of any Headmaster of the neighbouring schools or the Assistant He admaster of the said school. Mr. Chutia, in reply, abiding by the pleaded stand of the respon dents, has urged that the Headmaster of the Jalabila High School having disquali fied himself by his act of forgery, in the considered assessment of the Board, t he venue was not considered to be conducive in public interest and, therefore, t he decision to shift the same therefrom, cannot be faulted with. The Board havi ng the necessary expertise to decide the issue, this Court ought not interfere w ith the same in judicial review, he urged. The learned counsel, however, has ad mitted that the examination materials are presently lying in the custody of the Bagribari Police Station within the territorial jurisdiction of which the school s are located. Mr. Hussain, appearing on behalf of the respondent No. 5, has ur ged that as in the meantime, all necessary arrangements for holding the examinat ions have been made at Silbari Public High School pursuant to the impugned order and that the concerned students have been duly informed about the change in the venue of examination, any interference by this Court at this stage, would resul t in total dislocation. Noticeably, the respondent No. 5, has not filed any aff idavit projecting the above facts. The rival pleadings and the submissions have received the due co nsideration of this Court. The materials on record, unmistakably demonstrate th at the only reason for shifting the venue of the examinations from the Jalabila High School, is the alleged act of forgery of the Headmaster thereof, an issue p resently subjudice before this Court. On a pointed query made this Court, Mr. C hutia admitted that the Board authorities have not yet come to a clear and categ orical finding on the charge of forgery against the Headmaster of the said Jalab ila High School. The records produced by Mr. Chutia, evince that the charge lev eled against the examination center encouraging malpractices inside the examinat ion hall, has been found to be untrue by the inquiring authorities of the Board. The respondent Board in its affidavit has not questioned the authenticity of t he report. Even, otherwise, the resolution dated 11.12.2007, unequivocally reco rd the absence of any adverse report against the venue at Jalabila High School. As alluded hereinabove, the only disqualification for the venue is an imputatio n on which the authorities of the Board, as the materials on record disclose, ha ve not yet reached to any unassailable finding. The plea raised on behalf of th e respondent No. 5, that in the meantime, arrangements in Silbari Public High Sc hool are complete for holding the examinations, in absence of any affidavit, doe s not appeal to this Court. On the other hand, Annexure G to the affidavit of t he Board, discloses in clear terms that the examination materials are lying in t he custody of the Bagribari Police Station to be dispatched to the venue or to b e collected by the officer-in-charge of the examination center finally fixed. I t has been submitted at the Bar that the distance between the two schools is abo ut 2 kilometers. Be that as it may, the ground to disqualify the venue at Jalab ila High School in the opinion of this Court, does not stand to scrutiny. No do ubt the Board has the authority to decide the venue of examinations to be held u nder the aegis thereof, the same does not however empower it to exercise an unfe ttered and unrestricted discretion which by all means have to be invoked with re levance and reasons. In the above view of the matter, I am of the unhesitant opinion that the impugned order cannot be sustained in law. It is therefore, quashed. The petition is allowed in the above terms. The Board would take immediate step s in compliance herewith. No costs.