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1997 DIGILAW 662 (ALL)

ANURAG SRIVASTAVA v. UNIVERSITY OF ALLAHABAD

1997-05-29

A.P.MISRA, S.R.ALAM

body1997
A. P. MISRA AND S. R. ALAM, JJ. ( 1 ) INITIALLY, main relief in this petition was to regularise the limping academic session of the allahabad University. ( 2 ) AFTER passing various orders at different stages it was contended by Sri Ravi Kiran Jain, learned Counsel, that malady being deep, merely regularising the academic session through orders of this Court, through partially achieved through some efforts and which has yielded some result but still far from as desired. In this pro bona publico litigation filed by the petitioner, it is referred that this University, which used to be called oxford of the East has reached the stage of total chaos and disorder. ( 3 ) IT cannot be doubted, by various reports published in various newspapers in the last several years, to which, we judicially notice, and from various affidavits so far exchanged between the parties, there is clear indication of a continuous trend of decadence in this Allahabad University. It is true, Universities are not created merely to issue degrees to the students admitted to the under-graduate, post-graduate, doctors etc. or merely to shrink the session to an undesirable short period without proper imparting teaching and to hold examination in an attempt to regularise the session. We have noted in various orders, indications are on the record how gradually sessions went on receeding from one year to several years. ( 4 ) IT is true in our previous orders we made attempt within the limitation of the University to regularise the session, which was achieved to some degree. Today further promises have been made by Shri Ashok Bhushan, learned Counsel for the University, that by the next date after vacation he would be able to bring before the Court comprehensive affidavit prescribing the achievements towards this and how shortly the University will be able to complete the regularisation of sessions in all faculties for all the degree. ( 5 ) THE aforesaid process may continue, but unless causes in the past and existing are found, the difficulties are deciphered, awareness is inculcated in the students, teachers, Vice-Chancellor and every statuary functionaries there could be no effective order to salvage the University from this deteriorating condition. ( 5 ) THE aforesaid process may continue, but unless causes in the past and existing are found, the difficulties are deciphered, awareness is inculcated in the students, teachers, Vice-Chancellor and every statuary functionaries there could be no effective order to salvage the University from this deteriorating condition. Some of the causes, as stated, are that the Vice-Chancellor yields to the unreasonable demands of the students on many occasions for postponing the examination for one or the other reason, professors, teachers not being serious in performing their obligation in teaching the students, invigilating the examinations, examining the copies, etc. , for various reasons may be on account of the incongeneal atmosphere. On many occasions in spite of existing statutes they are violated for satisfying whims and demands of various quarters etc. ( 6 ) THE University Grants Commission desired that the University must take at least 180 classes every year before holding the examination. But for the last more than decades this University is not able to take even 80 classes of graduates In fact, in some academic sessions it is not even 50 classes. In spite of the Executive Council resolved in 1986 for holding 90 classes per year, before examinations are held, it is being violated by holding only 50 or less classes. Statements have been made that many teachers are not taking many classes and hardly few teachers are taking full classes, as desired. If, these are all true how can there by any sound atmosphere in the university. ( 7 ) EDUCATION is the foundation of refinement of an individual by including learning, conduct good behavior, discipline true education beings fourth character, which is the foundation of society and country. For this merely delivering lecture, bookish knowledge, reproducing it back in the examination never yields proper result. For the growth of every creature whether plants, animals or human being congeneal atmosphere is must. For the health and protection of any plant or a crop, unwanted growth are weeded out, it is watered and manured. Similarly even for students concerted effort is to be made congeneal atmosphere to build his mental capacity is to be created to open vista for his fresh vibrating good thought to make the own life more useful and in turn to contribute to the culture and wealth of this country. Similarly even for students concerted effort is to be made congeneal atmosphere to build his mental capacity is to be created to open vista for his fresh vibrating good thought to make the own life more useful and in turn to contribute to the culture and wealth of this country. An academic atmosphere has to be built to kept the students involved in various activities cultural, social sports etc. Once students are involved in such activities, they become part of one family. This great institution require sincere endevavour of all to bring back its lost glory. The teacher, truly are the repository hope of any nation as the teacher builds students, who, in times shoulder responsibility to build any nation. Thus, their conduct behaviour mannerism, approach of a problem are all on focus in a public eye. Smallest errors are magnified on students mind polluting their thought. Sincere concerted effort are required by all concerned, the students, the teachers, the administrators and statutory functionaries. Not only by rendering statutory obligations but also moral and ethical obligations through diligence and sacrifices. When one has fallen back in a race, unless extra thrust is made, he cannot gain back his position. ( 8 ) JAROSLAV Pelikan in his book the Idea of the University-A Reexamination, has said: "of the universitys "duties to society", perhaps the most fundamental is the need and the possibility to initiate educational reform, including "the work of self-reformation" in the university itself. Such reform, moreover, must address also the responsibility of the university for educational reform at alt levels. It is accurate to speak, as I have earlier, about "the university in crisis," and if, moreover, that is a crisis both of confidence and of self-confidence, the entire body academic must bestir itself to address it. " ( 9 ) WE feel by merely passing this periodical orders may not be effective unless through inquiry and scrutiny is done for all these matters including the problem of the University, viz. financial administrative, moral, etc. As in the past, Shri Jain, learned Senior Counsel, suggested for constituting a committee of some eminent educationlists having association with the University to identify the causes and suggest medical measures and its implementation to bring back the glory of this great institution. financial administrative, moral, etc. As in the past, Shri Jain, learned Senior Counsel, suggested for constituting a committee of some eminent educationlists having association with the University to identify the causes and suggest medical measures and its implementation to bring back the glory of this great institution. Every student once in the University has a right under Article 21 of the Constitution of India not only to receive proper education under congeneal atmosphere but to obtain degrees within specified period for making onward journey through various competition. Any loss of the year may lead to loss of career and the public functionaries including the university authorities cannot shirk from their obligations and their accountability for the loss of such students in this regard. Every public functionary is accountable to the people and cannot recline down by giving ipse dixit reasons. ( 10 ) ROBERT B. Wagner in his book accountability, In Education-A Philosophical Inquiry, has said:" in June, 1985, at the annual convention of the National Education Association, seventy five hundred delegate gave overwhelming approval to resolution which endorsed licensing examinations for new teachers and the dismissal of experienced teachers found to be incompetent. Both resolutions were introduced by NEA leadership whose predecessors had long opposite such measures and in this respect their passage represented a victory for supporters of an accountability movement that really began in the seventies. " xxxx xxxx xxxx "several considerations explained the general tendency to equate the meaning of responsibility with that of accountability. First, the locutions "responsible for" and "accountable for" are conveniently parallel, and substituting one for the other is not incompatible with every day usage. A school official might may to a teacher,. "you are accountable for your students", or he might state that he is "responsible to" him, meaning "accountable to" him where they are concerned. Here, being responsible for something literally means being held accountable for it. ( 11 ) IT is only when public functionary statutory authorities do not perform their statutory obligations, or are inherit of slack in their duties resulting into injustice to the citizen at large then only Court intervenes, to check such injustice. Court merely awakens such functioneries from interness and reminds their statutory obligations to perform their duties. ( 11 ) IT is only when public functionary statutory authorities do not perform their statutory obligations, or are inherit of slack in their duties resulting into injustice to the citizen at large then only Court intervenes, to check such injustice. Court merely awakens such functioneries from interness and reminds their statutory obligations to perform their duties. ( 12 ) IN Neelabati Behra v. State of Orissa, [a. I. R. 1993 (11) SC 1960] Supreme Court held : "in order to grant relief under Article 226 of the Constitution, the High Court should be prepared to forge new tools and devise new remedies for the purpose of involving precious rights of citizens. " ( 13 ) BEFORE any final order is passed, we feel it appropriate that a committee of eminent persons, educationlists having wide experience in the sphere in which we are talking about should be constituted. We feel it appropriate since there are representative of the Vice-Chancellor, university authorities, teachers and student before us, it is appropriate that the names of this committee be suggested by each of such representative after consultation with persons to whom the represents and, if possible, after inter se consultation with the parties or their counsel, either by or before the next date fixed in this case. It is then this Court would embark to consider the scope, entrustment and responsibility be clothed. Though, many other points are urged by learned Counsel for the parties, but we would not like to refer in this order as it is not necessary at this stage. ( 14 ) LET this case be listed next on 25th July, 1997 for further orders. But that time, Shri Ashok bhushan, learned Counsel for the University, undertakes to file comprehensive affidavit, as aforesaid. .