- (1.) A. K. Yog, J. 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 stu dents of the University of Allahabad (called the 'university') and its affiliated colleges (called the 'colleges') being ag grieved due to inaction of the respondent in the matters of 'unfair means cases' and failing to discharge their statutory obliga tion under Uttar Pradesh State Univer sities 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 conse quence thereof these students being prevented from further pursing their respective academic studies. These petitioners are charged of using unfair means while appearing in their respective examinations conducted by the University/colleges, First Informa tion Reports have been lodged by their respective institutions before concerned police stations. It is alleged during argu ment that in majority of cases investiga tion itself has not been initiated as yet. In some cases, proceedings are still at inves tigation stage. In some others, after inves tigation, charge sheets have been sub mitted 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 con templated under the Statutes, the Regula tions and/or the Ordinances of a Univer sity framed under the Act, 1973 Le. , Chap ter XXVIII of the University of Allahabad Calendar, 1987-88-pp 450. No party dis putes 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 proceed ings initiated on the basis of first informa tion 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 con cerned 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 frustra tion and desperation in the young genera tion of the society besides the fact that loss and damage caused to a student by the delay in the decision of these matters can not 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 con sume considerable time, particularly when there is no one to seriously prosecute/pur sue these cases. Delay is bound to cause anxious times and after certain stage be come unbearable. It is, therefore, impera tive that concerned authorities must final ize '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 ac quitted in future in criminal case because it shall mean to punish one even though one is not found guilty.;