PRAFULL RANJAN Vs. CHANCELLOR

JUDGEMENT

(1.) These writ applications involve common questions and have been heard together. They are being disposed of by this common judgment.

(2.) In all the writ applications the petitioners have challenged the legality and validity of the order of the Vice-Chancellor dated 6-8-1993 passed by him on the recommendation of the Examination Board, which resolved by its resolution dated 28-7-1993 that '0' (zero) marks be awarded to all those students who walked out, or stayed out, from the examination held on 15th, 16th, 19th and 20th April, 1993, in accordance with the relevant regulation. The petitioners herein are students of B. A. (Honours) 1989-1992 batch, and by reason of the aforesaid recommendation of the Examination Board and the order of the Vice-Chancellor they have been awarded '0' marks in the papers in which they had stayed away/walked out of the examination hall. In C.W.J.C. No. 8415 of 1993 the petitioners have also challenged the vires of the Regulations framed under S. 5(2) of the Inter-University Board Act, 1981, on the ground that it gives unfettered and uncontrolled power to the authorities concerned to award '0' marks to the student concerned in the specified situations, without affording the student concerned an opportunity of being heard in the matter. However, at the hearing of these writ applications, counsel for the petitioners did not press the question of vires of the Regulations.

(3.) Before adverting to the facts of the case, I may only notice the background in which such situations arise in this state. We can take judicial notice of the fact that the system of education as it exists in this state, is in a shamble. There are over a dozen Universities in the State, some created recently. There are large number of colleges, and thousands of teachers casting a heavy burden on the State exchequer, yet there is no education in the State of Bihar. There are many reasons which contribute to this unfortunate state of affairs and, perhaps, some harsh decisions have to be taken before some semblance of discipline is restored in the University campus. At the same time, to restore the glory of the Universities, and to restore the academic atmosphere, which is completely absent, all concerned must be compelled to follow a code of conduct. Discipline is lacking not only in the students of the Universities, but even in the teaching and non-teaching staff of the Universities. The Vice-Chancellor of the University, who has a crucial role to play in the affairs of the University, must be restored his due status and respect. Unfortunately, the Vice-Chancellor, who in the days gone by, commanded great respect and status, has been reduced to a mere official at the beck and call of the powers that be in the Secretariat, not necessarily political but also bureaucratic. Having lost his importance in the functioning of the University, he is content with his designation, and apathetic towards the affairs of the University knowing fully well that he cannot make any useful contribution in that direction. This State boasts of the largest number of Professors in the country, and some tend to believe that the number of Professors engaged in the different Universities of Bihar outnumber the total number of Professors engaged in the other Universities of the country. Large number of teachers have been illegally appointed without following any procedure and without even caring about their eligibility and qualifications. Large number of colleges, which do not even qualify to be called an educational institution, have been declared constituent colleges of the various Universities. Reasons, purely political and monetary, are at the bottom of this pathetic situation, and education is the first casualty. It is, therefore, not surprising that there is exodus of serious minded students from the State, and it is not surprising that most of them perform brilliantly in other Universities of the country. Only the less fortunate ones are left behind, and it would be not an exaggeration to say that many of them complete three year's course sometimes in five years, sometimes in six years and sometimes in seven years. A sense of frustration, therefore, is prevalent in the student community of the State, and unless the situation is arrested, the Government may have to perform the unpleasant duty of closing down the Universities. Frequently the examinees boycott the examination or stage a walk out. The grounds on which such walk outs are staged are shocking. Sometimes it is said that the invigilation is too strict, meaning thereby that the examinees have a right to adopt unfair means. Sometimes a walk out is staged because it is said that the questions asked are difficult, meaning thereby that the questions asked are not the questions in the guess papers and answers which are available in the market. Very often a walk out is staged because it is said that one or two questions are out of course. These are mere excuses to boycott the examination in the hope that another examination will be held, and may be, in more congenial circumstances so that the examinees may have no reason to protest. But, after all is said, it must be accepted that such walk outs are not encouraged by the serious minded students. Unfortunately, they do not assert their rights, and in the hope that another examination will be held, they also act in tune with others and join the walk out. Such is the situation that prevails in the Universities of this State.