- (1.) ALL these petitions were clubbed and heard together as jointly agreed by the learned counsels for the parties. Salient facts of the cases are not disputed.
(2.) THESE petitions have been filed by certain students, registered bonafide students of the University of Allahabad (called the 'university') and its affiliated Colleges (called the 'colleges') being aggrieved due to inaction of the Respondents in the matters of 'unfair means cases' and failing to discharge their statutory obligation under Uttar Pradesh State Universities Act, 1973 (called the 'act, 1973') due to pendency of criminal proceedings under The U. P. Public Examinations (Prevention of Unfair Means) Act,. 1998 (called the 'act, 1998') and as a consequence thereof these students being prevented from further pursing their respective academic studies. These Petitioners are charged of using means while appearing in their respective examination conducted by the University/colleges. First Information Reports have been lodged by their respective institutions before concerned Police Stations. It is alleged during argument that in majority of cases investigation itself has not been initiated as yet. In some cases, proceedings are still at investigation stage. In some others, after investigation, charge sheets have been submitted before the concerned Judicial Magistrate under Act 1998. Common grievance is to the effect that the concerned Respondent authorities have not proceeded with the hearing of the cases of 'use of unfair means' as contemplated under the Statutes, the Regulations and/or the Ordinances of a University framed under the Act, 1973 i. e. Chapter XXVIII of the University of Allahabad Calendar, 1987-88 pp 450. No party disputes existence of these Ordinances, which are, admittedly, in force as on date.
(3.) FROM the papers, placed by the learned counsels for the petitioners before this Court relating to criminal proceedings initiated on the basis of First Information Reports against some Petitioners, it is evident that these cases are still pending at the stage of investigation even though about a year has elapsed. In others, criminal cases are pending before the concerned Judicial Magistrate. Proceedings relating to use of unfair means are likely to take long and for several years the students' academic career shall hang in uncertainty. It is bound to lead to frustration and desperation in the young generation of the society besides the fact that loss and damage caused to a student by the delay in the decision of these matters cannot be compensated in any manner. Time lost is irretrievable and damage done is irreparable. Court takes judicial notice of the fact that Criminal proceedings will consume considerable time, particularly when there is no one to seriously prosecute/pursue these cases. Delay is bound to cause anxious times and after certain stage become unbearable. It is, therefore, imperative that concerned authorities must finalize 'unfair means cases' at the earliest. A student should not be normally prevented from pursuing studies unless found guilty, as otherwise he is to suffer irreparably, particularly in a case where student is acquitted in future in criminal case because it shall mean to punish one even though one is not found guilty.;