JUDGEMENT
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(1.)Education is the light that shows a mankind the right direction to surge. The purpose of education is not just making a student literate but adds rationale thinking, knowledge and self-sufficiency. If education fails to inculcate self-discipline and commitment to achieve in the minds of a student, it is not their fault but it is somehow the fault of the entire system. Education is an engine for the growth and progress of any society; it not only imparts knowledge and skill along with inculcating values but is also responsible for building human capital which creates, operates and sets technical, innovation and economic growth. Besides the above, if the atmosphere of any educational institution, in particular that of higher educational institution is not worthy of studying, nothing can be achieved out of that organisation and all that the students would achieve would be the degraded values, uncivilised and rustic behaviour, irresponsible attitude towards the society and nation, sense of irresponsibility for one and all, etc. Resultant thereof there would be no scope and hope for development of the society and nation in all walks of life, whether it is social, economic, technical, political, philosophical etc. If the atmosphere of any higher educational system / institutes is destroyed, it results in the complete destruction of the values and thus the very purpose of such an organisation is defeated.
(2.)In a backdrop of peculiar facts and circumstances, this Court took cognizance of a news item published in almost all the newspapers in respect of an unbecoming and unfortunate incident dated 4.7.2018 whereby a group of about 25 students, some of whom were rusticated students of the Lucknow University, entered into the University premises in the morning, blocked the way of the Vice Chancellor, raised slogans and threatened him of dire consequences. The motive of the aforesaid untoward incident was to pressurise the Vice Chancellor to take back the rusticated students in the University. It appeared that the said move was politically motivated inasmuch as the slogans to that kind were being uttered by some of the rusticated students. Anyhow, the Vice Chancellor escaped from the aforesaid vandalism with the aid and assistance of the security personnel of the University, but in the afternoon when the Vice Chancellor was returning from one function, these students attacked him and his security inside the University campus, resultant thereof about ten teachers of the University were injured along with several security personnel and other ministerial staff of the University. Taking suo moto cognizance of the aforesaid incident in question, this Court passed an order dated 5.7.2018 as under: -
"In all the leading newspapers of Lucknow one of the front-page news is about the attack on the teachers of Lucknow University forcing the Vice Chancellor of the University to close the University indefinitely (sine die) and also at the same time stalling the entire admission process for the Academic Year 2018-19. The report further mentions that on 4.7.2018 a group of about 25 students which included some of the students who had been expelled from the University entered the University premises firstly around 11.30 A.M. and surrounded the Vice Chancellor and raised slogans and also threatened him of dire consequences and demanded re-admission. Later again at about 1.30 P.M. when the Vice Chancellor was returning from a function inside the University premises, these students again attacked the Vice Chancellor and his security. In the entire transaction that took place about 10 teachers of the University were injured along with several security and other ministerial staff of the University. The newspaper report further mentions that the police was informed about the likelihood of the expelled students creating ruckus but despite the same local police did not take appropriate measures to control the situation which was apprehended by the University administration.
It is unfortunate and extremely painful that the students have the courage, audacity and boldness to enter the premises from where they have been expelled and tried to create physical violence and attacked the Vice Chancellor, teachers of the University and staff of the University. Copy of the Hindustan Times Daily published from Lucknow and Dainik Jagran Daily published from Lucknow be made part of the record.
We accordingly direct that this may be registered as a Public Interest Litigation titled 'Lucknow University Vandalism'.
Put up tomorrow at 10.15 A.M.
We require the presence of the Vice Chancellor, the Registrar and the Proctor of the Lucknow University before the Court for providing necessary assistance. Further we require the presence of the Director General of Police, U.P. and the Senior Superintendent of Police, Lucknow to inform the Court about the steps taken when the University authorities first informed about the likelihood of the incident taking place and also the steps taken after the incident had taken place.
Sri Ramesh Pandey, learned Chief Standing Counsel will inform all the authorities mentioned above, both that of University and also of administration so that their presence is ensured."
(3.)The purpose to take suo moto cognizance of the aforesaid incident was not confined to Lucknow University, but was to bring under its ambit and take judicial notice of a state-wide issue of rampant vandalism and anarchy prevalent in most government aided institutions / Universities in the State, relating to the environment in higher educational institutions, University or Degree College or Medical College or Management College etc. so as to ensure an atmosphere which is conducive and which encourages the students to attain their goals as per their dreams, and where parents do not hesitate in sending their wards to the institution concerned for the reason of any non-congenial, un-academic or unruly atmosphere. If the atmosphere of the higher University / Institute is such where vandalism, goondaism and anarchy is so deep rooted and is a routine feature, no sensible and responsible parent and student would prefer to take admission there. Normally, such types of incidents take place in higher Universities / Institutions, which are managed and controlled by the Government as against the private Institutions / Universities that maintain proper discipline. The stark contrast between the institutions managed / controlled by the Government and private universities / institutions is glaring when it comes to lack of security measures for students and staff on University campus. This Court vide order dated 6.7.2018 expressed its concern as under: -
"We had registered this Public Interest Litigation (P.I.L.) not only for the unfortunate incident which took place at the campus of Lucknow University, but also taking into consideration the number of incidents of rowdyism and vandalism which are occurring in the public institutions of higher education and learning in the State. Violent protests, vandalism, and aggressive agitation are not protected under the umbrella of the Right to Freedom of Speech and Expression and neither our constitutional ideology nor our values endorse it. In fact, such acts only tarnish the core values and ethos of the Constitution.
The incidents of vandalism in Universities' campuses are spreading and it is becoming a recognizable national pattern. The students instead of adopting peaceful means of protests are now adopting radical and aggressive methods of protests, which are intensifying with each passing day. The support of political parties to such students' bodies has further polarized the situation and is going against the spirit of student activism. In the present case, there is visible support of the outsiders in the vandalism, who are not associated with the institution in any manner.
Universities are the temple of modern India. They are the protective spaces for the promotion of democratic ideals, of social imagination, and civic values. They are trusted upon to educate and produce intelligent, compassionate, critically engaged citizens fully aware of the fact that without informed and educated citizens, there will be no law and order. But at present what is happening across the public universities in the country is juxtaposition. Students need to feel safe in order to learn, and therefore, it is necessary that we have discipline, law and order, a friendly environment of teaching and learning at all educational institutions. Failing in providing so, good students are turning their backs from public universities where education is provided for peanuts and moving to private universities and institutions which are charging hefty fees and flourishing. The basic requirement is determination of good learning environment in these Institutions. The Government is spending Crores of rupees on these Institutions, providing subsidized education for all. Entire infrastructure and human resource made available for imparting education is being utilized to the minimum and in fact is being wasted.
When so much expenditure is incurred, we feel it would be befitting that such huge expenditure would be appropriately and properly utilized to produce the best and for that, if a little more is required to spend, the Government should not even think twice, but implement such security measures as they may deem fit to ensure the best learning environment for the students.
Instead of involving all the different concerned Departments, we require the Chief Secretary of the State to constitute a Committee of the Principal Secretary and experts in the subject for designing a mechanism and laying down standard guidelines and policies for safe and healthy learning environment at these Institutions where students may come free from any kind of apprehension or fear of getting into any incident or mess and the parents may also feel free to send their children to such Institutions, rather than keeping them at home and suggesting that Institutions are unsafe or diverting them to other Private Institutions."