RAGHUBIR SARAN DEGREE Vs. STATE OF U P

JUDGEMENT

(1.) In this bunch of the writ petitions, petitioners have approached this Court requesting therein for quashing of the impugned decision of the State Government dated 20.12.2011 wherein State Government has proceeded to refuse to accord students to the petitioners' institution for the Academic Session 2011-2012 and further challenge has also been made to the decision of the Executive Council wherein Executive Council in its turn has proceeded to suspend the affiliation accorded to the petitioners' institution for the Academic Session 2011-2012. In all the four writ petitions, common question of fact and law is involved, hence all these four writ petitions have been taken up together, and are being heard and decided by common judgment and Civil Misc. Writ Petition No. 9794 of 2012 has been treated as leading writ petition.

(2.) Petitioners before this Court are running B.Ed. Courses at their respective institutions after having due recognition from the National Council for Teachers Education. The petitioner institutions have already been accorded affiliation in terms of Section 37 (2) of the U.P. State universities Act, 1973. It appears that against the institutions concerned, large scale complaints had been made in respect of illegal extraction of money from the students. On the said complaints enquiry appears to have been conducted in the matter, thereafter report was submitted and based on the said report clarification was sought for from the petitioners with regard to illegal collection of fees and harassment of students admitted in their Colleges in the academic session 2010-11. In the said letter, it was mentioned as to why on the grounds disclosed in the inquiry report their affiliation be not terminated. On the very next day, the State Government issued Government Order dated 14.7.2011 granting permission to the University under Section 37 (8) of the Act for termination of affiliation of the petitioners institutions, alongwith other similarly situated institutions. At the said point of time writ petition had been preferred before Lucknow Bench of the Court, being writ petition No. 4095 of 2011, Shree Rabhubir Saran Degree College and another v. State of U.P. and others. The aforesaid writ petition was allowed on 19.7.2011, whereby the order of the State Government dated 14.7.2011 was set aside, and the Court had directed the University to hold enquiry in accordance with law keeping in view the observations made in the judgment within two weeks from the date of receipt of the order. Petitioners have contended that Sri Prabhash Dwivedi had not been acting fairly in this background and they were compelled to file writ petition No. 4610 of 2011, Shree Rabhubir Saran Degree College and another v. State of U.P. and others, wherein this Court was pleased to ask the Vice-Chancellor of the University to replace Prabhash Dwivedi vide order dated 5.8.2011. The Vice Chancellor constituted two member committee comprising Professor R.K. Gautam and Dr. Sujata, Principal of the College, and one Sri Akhilesh Agrawal, Superintendent, was directed to assist the Enquiry Committee. Thereafter, the Committee conducted enquiry and submitted its report on 9.8.2011. Petitioners have submitted that the said Enquiry Committee found no conclusive evidence to come to the conclusion against the institutions, however, the matter was placed in the emergent meeting of the Executive Council of the University on 21.8.2011, and therein, it has been resolved to suspend the affiliation of the institutions in question for the academic year 2011-12, as the institutions in question were involved in illegal collection of fees and harassment of students, and further penalty of Rs. 5 to 10 lacs has been imposed.

(3.) After the said order has been passed by the Executive Council, Civil Misc. Writ Petition Nos. 52453 of 2011, 60594 of 2011, 52458 of 2011 and 56667 of 2011 had been filed before this Court and this Court on 1.11.2011 passed following order, relevant extract of the same is as follows.