JUDGMENT 1. This writ application has been filed by Gurudas Das Gupta by way of a public interest litigation for protecting the interest of a large number of students as well as the teachers of Jullian Day School, situated at 2/1 C, Townshend Road, Calcutta-25. The petitioner Gurudas Das Gupta is a sitting member of Parliament in Rajya Sabba and a very eminent person and is interested in education and welfare of the students and the teachers in this State. 2. The reason for moving the writ application was that the said school was functioning as a primary school since 1989 under the management of Julian Charitable & Educational Trust (referred to as the 'Trust') and is by now running with 1500 students, prosecuting their studies in the school from class-VII upwards, apart from students reading upto that class and that the Principal of the said school held a meeting on March 19, 1996, with the teachers and informed the teachers that the Indian Council for Secondary Education has rejected the application for affiliation and also informed the teachers that the school authorities would close down the school from Class-VII upwards after announcing the results of the annual examination of the students and it is stated that in spite of requests made by the teachers the said Principal did not disclose reasons for rejecting the application for affiliation. This information had created an alarming effect on 50 teachers and 1500 students. The matter was highlighted in several newspapers and had assumed a matter of great public interest under such circumstances, the petitioner moved this writ application for compelling the said school authorities to remove the shortcomings disclosed by the said Council in the letter dated August 2, 1995, issued by the said Council for which the said school could not be considered for grant of provisional affiliation, as also for a direction upon the Council to issue application to the said school immediately after the shortcomings are removed by the school authorities and to take necessary steps to control and supervise the act of the school authority. A prayer was also made for maintaining a status quo with regard to the service conditions of the teachers if the affiliation is granted by the said Council. The prayer was also made for restraining the said school authority from closing down the said school in this background. A prayer was also made for maintaining a status quo with regard to the service conditions of the teachers if the affiliation is granted by the said Council. The prayer was also made for restraining the said school authority from closing down the said school in this background. the writ application was filed by the petitioner, whereupon considering the principle laid down by the Supreme Court in the case of (1) Unnikrishnan v. State of Andhra Pradesh reported in AIR 1993 SC 2178 , an order was passed directing the said Jullian Charitable & Educational Trust not to close down the school without the leave of this Court, and the Indian Council of Secondary Education was directed to submit a report before this Court giving reasons for not granting affiliation to the school concerned and what would be the fate of the students when it was very difficult to get a berth in any Educational Institution in this State. Copies of the application was directed to be served to all the parties. The interim order of injunction was extended on April 17, 1996, in the presence of Counsel appearing for all the parties. 3. It was brought to the notice of the Court that the school authorities were insisting on transfer certificates to the students for creating conditions for closing down the school from Class-VI onwards, and an interim order of injunction was passed on May 6, 1996, directing the school authorities not to issue any transfer certificate in respect of any .student without obtaining leave from this Court and the school authorities were directed not to withdraw the payment of salaries to the teachers in the existing scales, without prejudice to their rights. The school authorities were directed to supply a report regarding the removal of discrepancy pointed out by the Board. On June 3, 1996, one of the representatives of the Delhi Board was directed to be present in this Court. The school authorities submitted a report, but no representative of the school was present in the Court. But the Counsel for the said Board appeared and filed an affidavit to justify their stand in not granting any provisional affiliation to the said school. 4. The school authorities submitted a report, but no representative of the school was present in the Court. But the Counsel for the said Board appeared and filed an affidavit to justify their stand in not granting any provisional affiliation to the said school. 4. As this case involves the interest of about 1500 students and their guardians as also the fate of about 50 teachers, the matter has assumed the real character of a public interest litigation and everyday when the matter was listed and was heard hundreds of students and guardians remained in the Court with their gloomy faces and a situation was created under which it was not possible on the part of this Court to take up this matter but to conclude the matter, giving top priority. 5. In this connection, it may be mentioned that the Jullian Charitable & Educational Trust also run three other schools, (a) Jullian Day School, Kalyani, (b) Jullian Day School, Elgin Road and (c) Jullian Day School, Ganga Nagar, North 24-Parganas, functioning under the said Trust and on behalf of the Board. It was stated that the said three schools have been affiliated by the Board, but the application for provisional affiliation of this school was rejected on eight grounds, as given below :- "1. The toilets and drinking water facilities in the school (both buildings) were inadequate. 2. The school runs in shifts not providing the prescribed number of instructional hour to the pupils. 3. The emoluments of the teachers were far below the salaries payable in other affiliated schools run by the Trust. 4. The library and reading room facilities were very poor in keeping with that expected of a school taking our examinations. 5. The school has a superannuated person as Head. This is not acceptable. 6: The school did not have up-to-date Income and Expenditure Accounts and Balance Sheet. It was also observed that though the staff was being grossly underpaid the management had invested more than 35 lakhs of the school funds in acquisition of a residential property and converted the same into a school building. 7. There were 15 untrained teachers of the staff of the school. 8. The attendance records were not being maintained properly by the institution." 6. 7. There were 15 untrained teachers of the staff of the school. 8. The attendance records were not being maintained properly by the institution." 6. At the very outset, it was admitted by the school authorities that the Principal of the said school was not qualified and/or attended the age of superannuation long back and because of filing of this writ application, his services were terminated and applications were invited for the post of Principal from the candidates with M.A./M.Sc., B. Ed. Degree with 10 years experience in Secondary School for an English-medium Co-ed. School in South Calcutta, and this advertisement was issued on May 12, 1996, in the daily Statesman, published from Calcutta. 7. In the writ application, at Paragraph 11, it was stated that the said school authorities had no intention to remove the shortcomings for obtaining the affiliation from the said Council to protect the interest of 1500 students who are at present prosecuting their studies in the said school and further it was charged that the school authorities, i.e., the Trust of the said school had amassed a huge fortune from the guardians of the students of the said school and diverted a sum of Rs. 33 lacs by purchase is of residential property. 8 In the report, submitted by the school authority before this Court. this charge was not denied. But on the contrary, it was stated that the Trust had purchased a two-storeyed building at 5, Ramesh Mitra Road. Calcutta-25, and steps were being taken to construct two more storeyes there to accommodate the school. The specific charge of diverting a sum of Rs. 33 lacs to purchase residential property which amounts to diverting public money in a wrongful manner, is a matter for further investigation and the Court can take judicial notice of the fact that in this State for the schools which admit students against huge donations and in some cases it exceeds one lach, this is only possible inasmuch as the population is going up at an alarming rate. The number of students is also increasing proportionately, but unfortunately the numbers of schools and Educational Institutions are not increasing and consequently it has become a nightmare for the guardians to admit their boys and girls in any school. The number of students is also increasing proportionately, but unfortunately the numbers of schools and Educational Institutions are not increasing and consequently it has become a nightmare for the guardians to admit their boys and girls in any school. This is an alarming State of affair which is prevailing in this State, and this is a matter in which the Court is not concerned and the Court has no power and/or competency to do anything in this matter. But at the same time, the Court cannot remain a mere spectator folding its hands for one particular reason The tendency of committing suicide amongst the frustrated boys and girls who are not getting admission in the proper school and who are not able to do well in the examinations is increasing at an alarming rate. Frustration is created in this younger generation and they are made the victim of frustration to which they had no hand in the matter. The daily newspapers published from Calcutta bear testimony to this aspect of the matter. 9. The Supreme Court in the case of Unnikrishnan v. State of Andhra Pradesh reported in AIR 1993 SC 2178 , had come up with a landmark decision on the right to receive education and by declaring that right to life includes right to education. In this case, the Supreme Court held that the citizens have a Fundamental Right to Education. The said right flows from Article 21 of the Constitution of India But this right is not an absolute right. Its contents and parameters have to be determined in the light of Articles 41 and 45 of the Constitution. The children of this country have a right to free education until he completes the age of 14 years. Thereafter, his right to education is subject to limits of economic capacity and development of the State. The right to education which is implicit in the right to life and personal liberty guaranteed by Article 21, must be construed in the light of Directive Principles in Part IV of the Constitution. It was further held that the Right to Education further means that the citizens have a right to call upon the State to provide educational facilities within the limits of its economic capacity and development. It was further held that the Right to Education further means that the citizens have a right to call upon the State to provide educational facilities within the limits of its economic capacity and development. At the same time, the Supreme Court also warned that the activity of establishing an Educational Institution can neither be a trade or business within the meaning of Article 19(1)(g). A trade or business normally connotes all activities carried on with profit motive. Education has never been a commerce in this country. Imparting of education has never been treated as a trade or business in this country. Since time immemorial. it has been treated as a charitable activity, but never as a trade or business. The Supreme Court stated that education cannot be all owed to be converted into commerce by relying upon the wider meaning of 'occupation". At the same time, the Supreme Court stated that the right to establish an Educational Institution does not carry with it the right to recognition or affiliation. Recognition or affiliation is essentially for a meaningful exercise of the right to establish and ad minister Educational Institutions. In other words, it is open to a person to establish an Educational Institution, admit students, impart education, conduct examination and award certificates to them But the Educational Institution has no right to insist that the certificates or degrees awarded by such institutions should be recognised by the State. Much less, they have the right to see the students should be admitted to the examinations conducted by the University or by the Council or any other authority, as the case may be. But the institution has to seek such a recognition or affiliation from the appropriate agency. It is a matter of substantial significance the very life and blood of private Educational Institutions. Ordinarily speaking, no Educational Institution can be run or can survive unless it is recognized by the Government or the appropriate authority and/or is affiliated to one or the other Universities in this country. Since it is not recognized and/or affiliated, its service will be of no use, and no one will join such an Institution. 10. It was further stated that the bodies which grant recognition or affiliation are the authorities of the State. Since it is not recognized and/or affiliated, its service will be of no use, and no one will join such an Institution. 10. It was further stated that the bodies which grant recognition or affiliation are the authorities of the State. In such a position, it is obligatory-in the interest of general public-upon the authority granting recognition or affiliation to insist upon such conditions as are appropriate to ensure not only education of requisite standard but also fairness and equal treatment in the matter of admission of the students. Since the recognising/affiliating authority is the State, it is under an obligation to impose such conditions as the primary duty enjoined upon it by Article 14 of the Constitution of India. It cannot allow itself or its power and privilege to be used-unfairly. The incidents attaching to human activity attach to supplemental activity as well. No Government authority or University is justified or is entitled to grant recognition/affiliation without imposing such authority. It was further observed that recognition is for the purpose of formulating the standards laid down by the State. Affiliation is with regard to the syllabi in the course of study. Unless and until they are in accordance with the prescriptions of the University, degrees would not be conferred. The Educational Institutions prepare the students for the examinations conducted by the University. Therefore, they are bound to follow the syllabi as the course of study. 11. It was further observed in that case that education is enlightenment. It is the one that lends dignity to a man. Education seeks to build up the personality of the people by assisting his physical, intellectual, moral and emotional development. Article 26(1) of the Universal Declaration of Human Rights states that everyone has a right to education. Keeping in mind the principles laid down by the Supreme Court in that case, the problem raised in this case has to be considered in a meaningful manner. 12. It is not in dispute that the said Council is a public authority as it is discharging public duties and the said Council is also recognized by the Delhi Education Act, 1973, as a body conducting public examinations through out the country. The said Council was established in the year 1958 by the University of Cambridge Local Examinations Syndicate with the assistance of the Inter-State Board for Anglo-Indian Education. The said Council was established in the year 1958 by the University of Cambridge Local Examinations Syndicate with the assistance of the Inter-State Board for Anglo-Indian Education. It is a society registered under the Societies Registration Act. All the English-medium Schools in this country are affiliated to this Council. The stand of the school is that as the strength was increasing day by day, the school had to apply for no-objection certificate from the State Government which was granted on May 30, 1995. Even there is no law or anything having the force of law, such no-objection certificate is insisted by the said Council as a pre-condition for applying for affiliation. The State Government, while issuing no-objection certificate in favour of the said school, had attached the following conditions :- "(i) The State Government will not bear any financial liability in this respect, at present or in future; (ii) The school will not enhance the fees without the prior approval of the State Government in writing; (iii) The school will grant a scale of pay to the teachers and non-teaching employees of the school comparable with the pay-scales approved for the staff of the State-Aided Non-Government Schools in the State of West Bengal; (iv) Ten per cent of the students will be allowed for admission in the school in each academic year on the recommendation of the School Education Department and 15% of such students will be allowed to prosecute studies in the school free of any fees". 13. The schools which are approved or likely to be approved by the Council do not get any aid or assistance either from the Central Government or from the State Government and/or from the said Council. It is from the tuition fees realized from the students that such schools have to pay salaries at a pay scale introduced by the State Government for the State-Aided Non-Government Schools and the entire pay packet of the teachers of the State-Aided Non-Government Schools are paid by the public exchequer. Such schools have to be run only on the tuition fees realized from the students. All the expenses have to be borne out from the tuition fees. Such schools have to be run only on the tuition fees realized from the students. All the expenses have to be borne out from the tuition fees. But at the same time, the school authorities are not given liberty to enhance the tuition fees without prior approval of' the State Government and at the same time insisting upon the school authorities to pay that pay scale which is paid to the State-Aided Non-Government School, paid by the public exchequer. At every Pay Commission, there is a hike in the pay of such teachers, which has to be borne by such schools affiliated to such Council. 14. Another aspect of the matter which is highly distressing is that excepting granting affiliation, provisional or otherwise, and excepting conducting of examinations for Class-X and Class-XII level and laying down certain conditions for appointment of the teachers, there is no manner of control and/or supervision over these Institutions. In this connection, reference may be made to the State laws applicable to the Institutions affiliated to the West Bengal Board of Secondary Education, wherein there are specific provisions for Constitution of a Governing Body in a manner indicated in the rules, approval of the service of the teachers after appointment, power of supersession of the Managing and the Governing Bodies in case they are found to be guilty of mismanagement and appointing a temporary or ad hoc committee to run such Institutions. This power of supervision and control was designed to achieve the object that the Institutions must be run properly and not mismanaged and anybody found guilty of mismanagement should be removed from the management and the power should be controlled by the Board by appointing an administrator or ad hoc committee. This has been done solely with the object that the schools once established and approved will run for ever so that the fate of the students and the teachers is not jeopardised Unfortunately, it is found that the said Council grants affiliation to Educational Institutions and examinations are held in the courses of general education in accordance with the recommendations of the Kothari Commission through the medium of English. This Council has no manner of control over the selection of the teaching and non-teaching staff. The only thing that is required is that the teachers and the Head of the Institution a must have some requisite qualifications. This Council has no manner of control over the selection of the teaching and non-teaching staff. The only thing that is required is that the teachers and the Head of the Institution a must have some requisite qualifications. Because of lack of supervision and control, many schools indulge in appointing unqualified or less-qualified teaching staff. These things are highlighted not with the intention to disgrace or underestimate anybody or authority, but these are the stark realities which should not be ignored and which would be ignored by keeping the eyes shut. 15. It is also the stand of the school authority that on the basis of the no-objection certificate obtained from the State Government, they applied to the Council for Indian Certificate of Secondary Education Examination (referred to as I.C.S.E.), with requisite fees. The school was inspected by Mr. Fanthom, Chief Executive and Secretary of the said Council and the said Council wanted some particulars which were furnished' and lastly Mr. Fanthom, by a letter dated 02.08.1995, addressed to the Principal of the said school, informed that the school could not be considered for grant of provisional affiliation because of the shortcomings as pointed out in the letter dated 02.08.1995. It is stated that on the receipt of the said letter dated 02.08.1995, pointing out the said shortcomings for not granting affiliation, most of the shortcomings were stated to have been removed and the Council was informed by a letter dated August 14, 1995. The Balance Sheet, Income & Expenditure Accounts and the Receipts & Payments Accounts of the school for the year ended on March 31, 1995, were also forwarded. 16. Further, it is stated that during the pendency of this writ application, an inspection was made by Mr. Fanthom, the Chief Executive and Secretary of the said Council, on April 4, 1996, and that the provisional affiliation was not granted. In the affidavit-in-opposition filed by the Council, it is stated that the school seeking to be affiliated to the Council for its examinations, had to obtain no objection certificate from the State Government and that the issue of such certificate is not sufficient for grant of affiliation. It was further stated that the Council specifically declared that no school should admit in Class X without the Council's formal approval of the same. It was further stated that the Council specifically declared that no school should admit in Class X without the Council's formal approval of the same. On re-inspection of the school on April 9, 1996, it was found that besides shortcomings as pointed out, the school had resorted to some irregular means and malpractices which were suppressed earlier and by the letter dated April 9, 1996, the respondent No.1 informed the Principal of the said school of the said irregular means and malpractices. It was alleged that the said school was not entitled to any affiliation because it has admitted students to Class-IX and Class-X. In this connection, it was stated that the conditions for provisional affiliation was that no school should admit students to Class-IX without the Council's formal approval for the same. It was further alleged that the students who have prosecuted studies in the school were given transfer certificates to some other school and through that school which was affiliated school, the students appeared, and on query being made, it was found that most of the students, even though appeared in an irregular means, came out successful in the said examination. 17. The said Council is the highest and the specialised body in this regard and it is not for the Court to make any comment with regard to the validity of the shortcomings pointed out by the Council. The question is whether the fate of the students should be sealed and bring about a situation which would cause frustration in the students community, which will increase the number of cases of suicide, if this Court follow the principle that, let law take its own course whether it creates a devastating effect on the society. It is not for the Court to lay down the law, but to direct things to be administered in accordance with law. The shortcomings pointed out by the Council even though most are not of serious nature have to be removed and in the peculiar facts and circumstances of this case, it is clear that unless some amount of control is kept by this Court over the affairs of the same Institution by putting certain conditions and restrictions, it would not be possible to remove those shortcomings. Those shortcomings have to be removed. The standard of teaching as designed by the Council, has to be achieved. Those shortcomings have to be removed. The standard of teaching as designed by the Council, has to be achieved. The Council may avoid its responsibility or liability in this matter by simply rejecting the application for affiliation, but when the matter has been brought before this Court through a public interest litigation by an eminent Member of Parliament and when the fate of 1500 students and their guardians are involved, the Court has to evolve a particular mode or scheme to overcome these difficulties so that the said Institution can survive, the students and teachers are protected and the rules and regulations and/or the shortcomings pointed out by the Council are fulfilled. This cannot be done simply by relying upon the management. 18. The Supreme Court, in Unnikrishnan's case (supra), has upheld the right of the students to education and that right cannot be simply ignored. The shortcomings and the deficiencies on the part of the school authorities are not of serious nature and/or it is not that the shortcomings could not be removed. The same can be removed. There were eight teachers in the school out of a large number of teachers and that the said teachers' qualification had to be improved so as to bring in conformity with the requisite qualification laid down by the Board. The school authorities have stated that they have taken steps to improve the qualification of those underqualified teachers. The standard of teaching as designed by the Council could not be achieved by such underqualified teachers. Accordingly, their qualification has to be improved within a period of two years, otherwise their services will have to be terminated. With regard to the allegation of admitting students in Class-IX and Class-X, of course the same was irregular on the part of the school authorities. But the same cannot be construed as a permanent bar or disqualification for granting any approval. According to the school authorities, it was due to the pressure from the guardians and the public that they had to resort to such means. But on this ground alone this Court is of the view that the said school could not be blacklisted for ever from getting any recognition. It should be the endeavour to rectify the mistakes and to see that such things never occurs and no school authority indulge in any irregular or unfair means. But on this ground alone this Court is of the view that the said school could not be blacklisted for ever from getting any recognition. It should be the endeavour to rectify the mistakes and to see that such things never occurs and no school authority indulge in any irregular or unfair means. At the same time, nothing should be done which may stand in the way of spreading education and which may take away the rights of the students to get education. The school authorities should be condemned, but the students cannot be made to suffer because of the sins on the part of the school authorities. For this irregularity, I am of the view that it would not be fair and proper to compel the school authorities to close down the Institution. 19. The Indian Certificate of Secondary Education (hereinafter referred to as I.C.S.E) had rejected the application for provisional affiliation on eight grounds. None of the grounds appears to be very serious and those grounds do not reflect anything which has connection with the standard of teaching and/or any unfair means in the matter of administration. From the decision of the Supreme Court in Unnikrishnan's case (supra) it is clear that the affiliation is the very lifeblood of a private Educational Institution and no Educational Institution can run or survive unless it is recognised by an affiliating authority. Unless it is recognised or affiliated the life of the Institution will come to an end. At the same time the authority which grants recognition or affiliation are under obligation in the public interest to insist upon such conditions as are appropriate to ensure not only education of requisite standard, but also fairness and equal treatment in the matter of admission of students. 20. Accordingly, in the instant case I do not find that the standard of teaching are not maintained and the allegation of unfairness or unequal treatment in the matter of admission are not there. These are two paramount considerations which must be considered and which is exclusively within the domain of the authority concerned. 21. 20. Accordingly, in the instant case I do not find that the standard of teaching are not maintained and the allegation of unfairness or unequal treatment in the matter of admission are not there. These are two paramount considerations which must be considered and which is exclusively within the domain of the authority concerned. 21. In the case of (2) National Textile Workers' Union v. P.R. Ramakrishnan reported in AIR 1983 SC 75 the Supreme Court observed that 'if the law fails to respond to the needs of the changing society, then either it will stifle the growth of the society and choke its progress or if the society is vigorous enough, it will cast away the law which stands in the way of its growth Law must therefore constantly be on the move adopting itself to the fast changing society and not lag behind. It must shake off the inhibiting legacy of its colonial past and assume a dynamic role in the process of social transformation'. 22. In the case of (3) Central Inland Transport Corporation Limited v. Brojonath reported in AIR 1986 SC 1571 it was held by the Supreme Court that 'law should move forward in tune with the changed ideas and ideologies of the society'. 23. In another case in (4) Union of India v. Raghubir Singh reported in AIR 1989 SC 1933 it was observed by the Supreme Court that it used to be disputed that Judges make law. To-day, it is no longer a matter of doubt that a substantiate volume of the law governing the lives of citizens and regulating the functions of the State flows from the decisions of the superior Courts'. 24. In the facts and circumstances of the case, the Council has not acted within the parameters laid down by the Supreme Court in refusing to grant affiliation and refusal to grant affiliation would cause a devastation effect which cannot be allowed to continue by any authority and/or by any Court. It cannot be said that the Council is only concerned to grant and cancel affiliation and take examinations. They have a public duty towards the people in the field of education. When the school has been established and running for a long time and has applied for affiliation, on some defects or drawbacks which could be rectified if time is given for the same. They have a public duty towards the people in the field of education. When the school has been established and running for a long time and has applied for affiliation, on some defects or drawbacks which could be rectified if time is given for the same. I am of the view that it is wholly unreasonable, arbitrary and subversive to the cause of education not to allow the holding of the Classes in IX and X and to compel the school to close the Institution creating a chaos in the field of education in the State. The students community can no longer be treated as chattle in the present day society. The management might had done some wrong and the Court's endeavour is to remove those wrongs and to bring it into conformity with the standard laid down by the Council, and accordingly, in my view, in the public interest and to protect the Institution as also the future of large number of students and teachers who are not at fault the provisional affiliation should be granted on certain terms and conditions so that after getting the provisional affiliation the defects could be removed within a reasonable time as otherwise the affiliation would be cancelled. 25. The power of the High Court under Article 226 of the Constitution of India is not limited to writs, but from the language of that Article it is clear that the Court has conferred the power and duty to issue directions and orders which are not confined to writs. Accordingly, certain directions and orders are required to be issued in the matter like this, particularly when it is a public interest litigation and by a public-spirited educationalist whose endeavour is to protect the Institution and punish the offenders. 26. Accordingly, in the peculiar facts and circumstances of this case and having regard to the principles laid down by the Supreme Court in Unnikrishnan's case (supra), the students who are prosecuting the studies not free of cost, but on payment of tuition fees, should be protected by any means. If there was a provision for supersession of the Managing Committee, then the problem could have been solved very easily by directing the Council to supersede the Managing Committee for the purpose of proper management, in case it is found that after affiliation the school was being mismanaged. 27. If there was a provision for supersession of the Managing Committee, then the problem could have been solved very easily by directing the Council to supersede the Managing Committee for the purpose of proper management, in case it is found that after affiliation the school was being mismanaged. 27. In this connection, reference may be made to the decision of the Supreme Court in the case of (5) Rajendra Prasad v. Karnataka University, AIR 1986 SC 1448 . In this case, the Supreme Court had occasion to consider whether the students should suffer for the sins of the management in engineering colleges. In that case, it was found that when the condition for eligibility for admission to B.E. Degree Course was that the students seeking admission should have passed two years pre-University Examinations of the pre-University Education Board, Bangalore, or an examination held by any other Board or University recognized as equivalent to it. The students passing the Higher Secondary Examination held by the Secondary Education Board, Rajasthan, were clearly ineligible for admission to degree course. When that examination was not recognized as equivalent by the Karnataka University to pre-University Examination held by the pre-University Board. Bangalore, and accordingly it was found that the students who were not eligible but admitted in the course, did not ask the students to go out of the Institution and/or to cause any loss to those students. The Supreme Court observed, The fault lies with the Engineering Colleges which admitted the appellants because the Principals of these Engineering Colleges must have known that the appellants were not eligible for admission and yet for the sake of capitation fee in some of the cases they granted admission to the appellants. We do not see why the appellants should suffer for the sins of the managements of these Engineering Colleges. We would therefore, notwithstanding the view taken by us in this judgment allow the appellants to continue their studies in the respective Engineering Colleges in which they were granted admission. But we do feel that against the erring Engineering Colleges the Karnataka University should taken appropriate action became the managements of these Engineering Colleges have not only admitted students ineligible for admission but thereby deprived an equal number of eligible students from getting admission to the Engineering Degree Course". 28. The Supreme Court, in the case of (6) Sheela Ashok Patwardhan v. Dean, Dr. 28. The Supreme Court, in the case of (6) Sheela Ashok Patwardhan v. Dean, Dr. V.M. Medical College, Solapur, AIR 1989 SC 382 , had directed the authorities to admit the student to any postgraduate course of obstetrics and gynecology, considering the facts that the students have lost two years of academic years for no fault on their part. 29. Accordingly, it is the considered view that the students cannot be made to suffer because of the lapses, negligence and irregularities committed by the school authorities. The guardians have admitted their boys and girls in the school on the reasonable belief that the school is affiliated or is likely to get affiliation in usual course. It is for the Court to consider whether for the sins of the management of the said school the 1500 students should be compelled to suffer and whether this Court will compel them to lose some of the golden years of their life inasmuch as one academic year to a student is much more valuable than a number of years in the later life or the earlier life. The question whether the students who are prosecuting their studies and are spending money and energy, should be allowed to be wasted because of the irregularities and illegalities committed by the school authorities. In my view, the students cannot be made to suffer and at the same time, the things are to be arranged in such a manner so that the shortcomings are removed. 30. Accordingly, I direct :- (a) Pursuant to the advertisement issued by the school authorities on May 12, 1996. let there be selection for the post of Principal by the Selection Committee, which should be under the chairmanship of Mr. G.S. Banerjee, Retired Director of Public Instructions, State of West Bengal, residing at AD-171, Salt Lake City, Calcutta-700064, having Telephone No. 337-4790. The said Selection Committee should also include Mr. Bhola Nath Sen, learned Counselor his junior who was appearing on behalf of the school authorities and the Advocate-on-Record, Srimati Bharati Mutsuddi, appearing on behalf of the petitioner. The said Selection Committee should be convened by a Special Officer. The said Selection Committee shall select a Principal who should be appointed by the Trust discharging the powers and functions of the Principal of the said school. The said Selection Committee should be convened by a Special Officer. The said Selection Committee shall select a Principal who should be appointed by the Trust discharging the powers and functions of the Principal of the said school. The salary of the Principal should be given at the pay scale in which the Head Master or Head Mistress of the Non-Government High Schools are paid. (b) Mr. Moloy Kumar Singh is appointed as a Special Officer without any remuneration, and whose duty would be to see that the shortcomings pointed out by the Council are removed and the school is run in accordance with the directives, principles and guidelines laid down by the Council. He will continue until the school gets permanent affiliation from the Council, after removing all the difficulties and irregularities as highlighted by the Council. This appointment of the Special Officer is necessary to have a control and supervision over the affairs of the said Institution and the school authorities shall be bound by any direction and/or order passed by Mr. Singh. (c) The Council shall-forthwith grant provisional affiliation for a period of three years for the present and shall grant permanent affiliation after the Council is fully satisfied with regard to the running of the Institution in accordance with the guidelines and/or principles followed by the said Council. The grant of provisional affiliation will not create any precedent. (d) Under the peculiar facts and circumstances of this case and having regard to the interest of the 1500 students reading in the school who are all young and prone to suicide if their future is made upset. The Court can feel the pulses of the students and the guardians of the State, and that it is not possible on the part of Mr. Fanthom or the Council sitting in Delhi to feel the pulse of the students and the guardians and the people of the State. The Court is passing this order having regard to the fact that the right to education is a right under Article 21 of the Constitution and that such a right should not be allowed to be defeated by technicalities. Mr. Fanthom should also see that the standard of teaching and the syllabus prosecuted by the Council are being maintained in the said school and the result of the examination would reflect this aspect of the matter. Mr. Fanthom should also see that the standard of teaching and the syllabus prosecuted by the Council are being maintained in the said school and the result of the examination would reflect this aspect of the matter. (e) As a special case, the Council will allow the students who are prosecuting in Class-X, though they have been admitted by the school authorities in the Course in an irregular manner, should be allowed to sit in the next examination as regular candidates, under these peculiar facts and circumstances. The students who are prosecuting their studies in Class-IX and Class-X, are the students who have been promoted from the lower classes and accordingly strict legal and technical view should not be taken in respect of these students for the cause of Justice and for the cause of education, keeping in mind the fact that if these students. are not allowed, in that event these students' career will be sealed for ever and devastating effect will cause not only on the students, but also their guardians for no fault on their part. These students want to prosecute their studies, the guardians are paying fees for their education, and the whole thing cannot be allowed to be wasted by one stroke or by taking technical pleas or pretext. 31. The superannuated and underqualified Principal who was in charge of the school for a long time, it appears that, made certain confessional statements in writing before the Council, but this Court is not willing to give any importance to this aspect of the matter. Whatever done, is done. The endeavour of this Court is to find out a solution and to see the prosperity of the school having regard to the interest of the large number of students, their guardians and the teachers. The Court's endeavour is to remove the darkness, instead of perpetrating darkness in this matter. 32. The Special Officer shall step down as soon as the permanent affiliation is granted by the Council on being satisfied about the fulfilment of all the conditions that have been imposed or might be imposed according to its guideline. 33. The Court's endeavour is to remove the darkness, instead of perpetrating darkness in this matter. 32. The Special Officer shall step down as soon as the permanent affiliation is granted by the Council on being satisfied about the fulfilment of all the conditions that have been imposed or might be imposed according to its guideline. 33. With regard to the allegation of extraction of money from the guardians and diverting the same to some other purpose, I direct the Head of the State Unit of C.B.I. to inquire into this matter and submit a report before this Court through the Special Officer appointed by this Court. All the guardians who have paid money in the form of capitation fee or donation for admission in the school should Co-operate with the C.B.I. and disclose the particulars so that the C.B.I. shall also inquire and if necessary inquire into the matter considering the fact that the matter is of great public importance. Public moneys are not allowed to be diverted to non-educational purposes or for personal benefit of the management. Such an investigation by the C.B.I. is necessary in public interest and if ultimately the investigation goes in favour of the management of this school, their reputation in the field of education will increase and whereas if it found otherwise, in that event they will have to face the consequences thereof. None should be allowed to be enriched at the cost of students. Schools could not be allowed to be a profit making machine as it would be contrary to public interest and the cause of the education. Liberty to mention. Let a plain copy of the operative portion of the above judgment, counter-signed by an Assistant Registrar for Court be given to the parties on their usual undertaking.