- (1.) These four Special Appeals arise out of a common judgement dated 25.7.2013 passed by the learned Single Judge in a batch of writ petitions.
(2.) The batch of writ petitions had been filed by the students who claimed to have taken admission to B.Ed. one year's course in the Academic Session 2005-06 in one of the five Degree Colleges affiliated to Deen Dayal Upadhyay Gorakhpur University, Gorakhpur. Their prayer in the writ applications was for declaration of the result of B.Ed. Examination for the said Session as they had been admitted in the colleges as regular students and had appeared in the B.Ed. Examination conducted by the University in 2006. Out of five Degree Colleges in which the writ petitioners had taken admission, four are before us as appellants in these four Special Appeals.
(3.) When the batch of writ petitions was being heard by learned Single Judge, though the prayers appeared to be innocuous, the learned Single Judge went into the facts in detail, got an inquiry conducted and found that the management of the Institutions along with their Principals, the then Vice Chancellor of the University and its Officers, had conducted themselves in the matter of running of professional course of B.Ed. in such a manner that practically they made mockery of the entire education pertaining to a professional course like B.Ed. Learned Single Judge further found that these officers of the Institutions practically flouted all the statutory provisions/guidelines framed by the National Council for Teacher Education in respect of the said B.Ed. course. In the impugned judgement, the learned Single Judge has dealt with each of the above five individual colleges, out of whom four are before us as appellants in the Special Appeals. Detailed discussion has been made in the judgement with regard to the manner in which students had been admitted by these colleges and allowed to appear in the B.Ed. examination. However, at the end of the judgement referring to Section 17(1) of the National Council for Teacher Education Act, 1993 (For short 'the Act'), learned Judge made following observations and directions: "Normally this Court would have required the National Council for Teachers Education to initiate action in terms of Section 17(1) for the admitted violation of the provisions noticed above, but since in the facts of the case, the colleges had admitted the aforesaid violations either during arguments or in the affidavits filed by the manager, this Court feels that a case for an order under Section 17(1) is clearly made out. This Court will not make payment of money in shape of compensation a substitute for compounding all evils specifically those relating to education. The stream of education must be left pure and should not be permitted to be corrupted by use of money. This Court, therefore, with reference to the conditions of letter of recognition and the stipulations mentioned therein read with Section 17(1) of the National Council for Teacher Education Act, 1993, directs that recognition granted to all the aforesaid 5 colleges shall stand cancelled from the next Academic Session i.e. 2014-15. No student shall be allocated to the aforesaid colleges in the academic session 2014-15 and thereafter. With the aforesaid directions all the writ petitions are disposed of. The money which have been deposited by the colleges and the University in terms of the order passed by this Court earlier, may be paid to the respective students, who are party before this Court and to those who were admitted to the course, as and when they make an application for the purpose duly verified by the Advocate or by some authority of the colleges concerned, through an account payee cheque drawn in the name of the student concerned within two weeks of the making of the application. The State authorities are directed to proceed with the investigation in terms of the First Information Report already lodged against all responsible. Similarly, the Vice Chancellor shall also lodge the other First Information Report in respect of the loss of records of the University, as noticed herein above. Necessary action may be taken by the University within 4 weeks from today.";