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1978 Supreme(Del) 71
High Court Of Delhi
ANAND VARDHAN CHANDEL - Appellant
Versus
UNIVERSITY OF DELHI - Respondent
Civil 597 of 1977
Decided On : 05/05/1978
ARVIND SHARMA, RAJ PANJWANI, SULTAN SINGH, VIJAY PANJAVANI
The right to education is a fundamental right that includes the right to participate in the activities of the University Students Union.
Headnote:
RIGHT TO EDUCATION - Whether there is a fundamental right to education to be spelt out of clauses (a), (b) and (c) of Article 19 (1) and Article 21 of the Constitution ? - Whether it includes participation by a student in the activities of the University Students Union ?
Fact of the Case:
The petitioner, a student of Delhi University, was denied the opportunity to contest the election for the post of Vice-President of the University Students Union because his nomination paper was submitted after the deadline. The petitioner challenged this denial of his right to participate in the activities of the University Students Union, arguing that it violated his fundamental right to education.
Finding of the Court:
The court held that the petitioner had a fundamental right to education, which included the right to participate in the activities of the University Students Union. The court found that the denial of this right by the University was a violation of the petitioner's fundamental rights under Articles 19 (1) (a), (b) and (c) and Article 21 of the Constitution.
Issues: 1. Whether there is a fundamental right to education to be spelt out of clauses (a), (b) and (c) of Article 19 (1) and Article 21 of the Constitution ? 2. Whether it includes participation by a student in the activities of the University Students Union ?
Ratio Decidendi: The court held that the right to education is a fundamental right that can be spelt out of the provisions of sub-clauses (a), (b) and (c) of Article 19 (1) read with Article 21 independently of Article 41 and the Delhi University Act. The court found that participation in the activities of the students union, including contesting election to its office bearers, is a much the right of a student as is the admission to a University.
Final Decision: The court allowed the writ petition and quashed the existing date for the commencement of the official year in paragraph 15 of the constitution of the union, holding that it was an unreasonable restriction on the petitioner's fundamental right to education.
( 1 ) IS there a fundamental right to education to be spelt out of clauses (a), (b) and (c) of Article 19 (1) and Article 21 of the Constitution ? Does it include participation by a student in the activities of the University Students Union ? Does the denial of this right to the petitioner by the University sustain this petition under Article 226 (l) (a) of the Constitution? These somewhat novel questions arise in this writ petition on the following facts.
( 2 ) THE University of Delhi is constituted by the Delhi University Act, 1922. Under section 3 the University is constituted by the Chancellor, Vice-Chancellor, the Court, the Executive Council and the Academic Council. Under section 4 it has power to provide for instruction, etc. and to do all such acts and things whether incidental to the powers aforesaid or not as may be requisite in order to further the objects of the University as a teaching and examining body and to cultivate and promote Arts, Science and other branches of learning. Under section 21 the Executive Council shall be the executive body of the University. For the academic year 1977-78 the University Bulletin of Information sets out the method by which students are admitted to the M. A. classes in order of merit. The petitioner was an applicant for admission to M. A. (Philosophy ). The number of seats in each of the M. A. courses is fixed. According to the number of seats and the merits of the candidates the first list of admissions was notified for M. A. (Philosophy) on the 21st July, 1977. It is common experience that all the applicants to whom admissions are offered do not take them up. Some seats remain vacant after the first batch of students accept some of the admissions offered in the first list. The remaining seats are notified in the second list to candidates next below in merits. Out of them also not all accept the seats offered and so a third list is also issued. In the present case the third list for M. A. (Philosophy) for admission was issued on the 9th August, 1977 and the candidates were told to collect the admission slips between the 9th and 11th August, 1977.
( 3 ) THE petitioner availed himself of the admission given to Turn on the 10th August, 1977. On the basis of this admission the petitioner was entitled to participate in the activities of the University Students Union. He wanted to contest the election to the post of Vice-President of the Union. His nomination paper for that purpose was, however, not accepted by respondent No. 2, Chief Election Officer, Delhi University Students Union, because it was submitted after 2. 00 p. m. , while nominations could not be accepted beyond 10th August, 1977 after 2. 00 p. m. according to the programme of holding the Students Union elections already fixed. This brings us to the consideration of what the University Students Union is and how the election of its office bearers is held.
( 4 ) THOUGH the Delhi University Act does not refer to the University Students Union, probably because in the year 1922 they had not become an integral part of the students academic life at the Universities, the University Students Union was subsequently established at the Delhi University. On 2nd August, 1973 the Executive Council abrogated the then existing constitution of the Delhi University Students Union and promulgated an interim constitution for it. Under paragraph 22 of the interim constitution, a constituent body consisting of two elements, namely, (1) the students represented by the Presidents of the College Unions and the office bearers of the University Students Union, and (2) the University represented by the Staff Adviser of the Union, the Treasurer of the Union, ten nominees of the Executive Council, five nominees of the Delhi University Teachers Association and the Chairman appointed by the Vice-Chancellor acting as the Patron of the Union framed a new constitution which exists today. The Executive Council approved it on 1-7-1974.
