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(Swami Vivekanand as quoted ibid., at p.20.)
89. Education, accepted as a useful activity, whether for charity or for profit, is an occupation. Nevertheless, it does not cease to be a service to society. and even though an occupation, it cannot be equated to a trade or a business.
90. In short, education is national wealth essential for the nation's progress and prosperity In such a situation protection of merit in education system and to uphold dignity of education which is national wealth should be maintained. After considering the Government Orders dated 29th September, 2005 and 5th October, 2005 issued by the Special Secretary, U.P. Government and the D.O. Letter dated 3rd October, 2006 issued by the Secretary, U.P. Madhyamik Shiksha Parishad, Uttar Pradesh, following facts came to the notice of this Court (i) after introduction of Self Examination Centre complaints of mass copying have increased enormously and on enquiry number of Colleges where mass copying was found correct is much more to the earlier system, (ii) in order to give protection from mass copying/copying, the Government Order has taken care and has referred that Teachers who are competent and of clean image should be appointed/deputed for examination purpose without disclosing the fact whether State has prepared two types of lists, firstly, of qualified Teachers and of clean image and secondly the Teachers who do not have clean image, but there is nothing in the Government Order that what are the criteria of such Teachers who are competent and of clean image, and (iii) whether State has appointed unqualified Teachers not having clean image in High School and Intermediate Colleges.

54. The next question that crops up for consideration is whether the Government Order dated 29.9.2006 issued by the State Government could be issued in exercise of executive power under Section 9 (4) of the U.P. Intermediate Education Act and further whether any such direction could be given in exercise of power under Section 9 (4) of the U.P. Intermediate Education Act.

55. In connection with the above, relevant provisions of the Education Act may be noticed. It transpires from the U.P. Intermediate Education Act 1921 that initially High School and Intermediate Examinations in U.P. were under the control of Allahabad University before enacting the U.P. Intermediate Education Act 1921 by which the Board was established to take the place of the Allahabad University in regulating and supervising the system of the High School and Intermediate Education in Uttar Pradesh and prescribed courses therefore. Section 2 (aa) of the Intermediate Education Act defines "centre" which means an institution or a place fixed by the Board for the purposes of holding its examinations and includes the entire premises attached thereto. Section 2 (b) defines "Institution" which means a recognized Intermediate College, Higher Secondary School or High School, and includes where the context so requires, a part of an Institution and "Head of Institution" means the principal or Head Master, as the case may be, of such institution. Similarly "Invigilator" has been defined in Section 2 (bbb), which means a person who assists the Superintendent of a Centre in conducting and supervising the examinations at Centre. Section 2 (g) defines "Superintendent of a Centre" which means a person appointed by the Board to conduct and supervise examinations of the Board and includes an additional Superintendent and Associate Superintendent. Section 3 of the Act deals with Constitution of the Board. It envisages that out of 51 members, eight members shall be ex-officio and rest shall be elected and nominated in accordance with the procedure prescribed in Section 3 read with relevant regulations. The members of the Boards are experts of different branches in the field of education. The power of the Board has been envisaged in Section 7 (3) and (4) of the Act. Section 7 (3) postulates that the Board shall conduct examinations at the end of the High School and Intermediate Courses. Section 7 (4) of the Act postulates that the Board shall recognize institutions for the purposes of its examinations. The Board, it would appear, is also competent to frame regulations under Section 15 with due approval of the State and such regulation shall be published in the official gazette. In this connection, Section 15 (c) and (g) are relevant for the purposes of the controversy involved in the petitions. Section 15 (c) deals with the power of the Board to make regulations regarding the conditions of recognition of institution for the purposes of its examinations and likewise 15 (g) regarding the conduct of examinations. The regulations framed by the Board prescribes a very detailed procedure for recognition of the Institution. It also mentions that in case High School is there the recognition of Intermediate shall be given. The regulations framed by the Board prescribe all such steps to protect the education system at the High School and Intermediate level.

74. Our Constitution as well as the Apex Court has attached great significance to the education and the efficacy of the system, which, it bears no dispute, is essential for the development of entire civilization, entire society and mankind, and paves way for establishment of democratic society and furtherance of aims and objects of the constitutional democracy. The economic development is the predictable result of a Nation's uncompromising emphasis on education. According to a survey among the nations of the world, India ranks high in innate intelligence but now with repeated tinkering with education and examination system, the question is whether we shall be able to maintain the excellence of our education system to cope with global competitiveness. What is of consequence is that we should guard against any tinkering with the education system for Nation's sake. For this purpose it is the duty of the State to take tangible steps so that real talent of the students may be developed and students who toil hard in studies throughout the year and are averse to using unfair means should not get discouraged vis-a-vis the students who are not interested in education and are more inclined to obtain higher marks by hook or crook by using unfair means. It has come on the record that out 14674 examination centres, approximately 9944 examination centres have been assigned to unaided recognized Schools/colleges. Most of the examination centres are not well equipped and lack in requisite infrastructure. The unaided recognized High School and Intermediate Colleges are of two kinds, as has crystallized from the colloquy in course of arguments, the first category consists of examination centres which were recognized according to procedure after due verification of all the norms under Section 7 (1) and 7 A of the Intermediate Education Act and second, those colleges which have been recognized by the State directly under Section 9 (4) of the Intermediate Education Act. It has further crystallized that immediately after according recognition directly under Section 9 (4) of the Act, those institutions were also approved as examination centres. It is not unlikely that such examination centres may have obtained recognition due the clout exercised in the corridors of political powers without going through the process of verification about the norms of recognition. Though this Court is of the view that in case of some exceptional cases of institutions of national importance, the State may take action under Section 9 (4) of the Act to recognize such institution but in any case, they could not be approved for being made examination centre immediately after recognition in exercise of power under Section 9 (4) of the Intermediate Education Act directly by the State in normal course. The practice of passing orders invoking the power under Section 9 (4) of the Act by the State where there exists no exceptional circumstance, cannot be appreciated. As stated supra, this Court has taken note of the report submitted to the Lucknow Bench of this Court in a writ petition detailed above relating to Mafia operating in the field of education. After careful consideration, the said Committee has converged to the conclusion that education Mafias have got foothold in the education field in the State of U.P. In such situation, the policy of recognizing the Institution for imparting instructions upto the High School or Intermediate by the State under Section 9 (4) of the Act and making it a centre for examination immediately thereafter appears to be highly deplorable being one running counter to the public policy. It has also come on record that good numbers of unaided institutions recognized under Section 9 (4) of the Act do lack in infrastructure necessary for recognition of the Institution and in fact, they are opened for examination purposes for making easy money in collusion with Mafias operating in the education field. By one account, even there is neither any proper building nor any other infrastructure in such institutions, which are essential for recognition and for holding of examinations as examination centres

75. In the above perspective also, the change-over to self-examination centre system militates against public policy fraught with consequences of eroding the very foundation of education system and affect the intellectual and future of the country in such a way. Besides the above, the change-over to the system has been exploited by the influential anti-social elements inasmuch as they are deeply involved in the mass copying or other unfair means who, it is also ascertainable from the record, deploy a number of non teaching and teaching staff with the object of facilitating mass copying and using of unfair means. In view of the above, this Court cannot shut eyes simply on the ground as urged by the learned Advocate General that it is a policy decision. The Court can certainly take into consideration whether such decision is rational in the facts of the case and that it does not run counter to the interest of the entire society and also that it is in accordance with public policy. The Courts are also guided by the preamble of the Constitution that people of India adopted and enacted the Constitution to secure all its citizens justice social economic and political; liberty of thought, expression, belief, faith and worship. It has come on record that the younger generation of the country i.e. the students of High School and Intermediate who are the future of the country, and are struggling hard to face the challenges ahead of them and to develop themselves to achieve the goal of quality of life through education are not in a position to protect themselves from such powerful and influential elements who have partially grabbed the system by getting opportunity on a platter in the guise of self-examination centre and in case it is allowed they may grab the entire education system.