The judgment established that the eligibility of PhD students to participate in university elections is determined by specific age limits, attendance requirements, and course work criteria set by relevant regulations and recommendations, and must consider the potential impact on the university's atmosphere and discipline.

Vipin Sanghi, J.

C.M. No. 24941/2017

Exemption allowed, subject to all just exceptions. The application stands disposed of.

C.M. No. 24940/2017

For the reasons stated in the application, the delay in filing the appeal is condoned. The application stands disposed of.

C.M. No. 24939/2017

For the reasons stated in the application, the additional documents filed are taken on record. The application stands disposed of.

LPA 481/2017

1. The appellant has preferred the present appeal to assail the judgment dated 22.05.2017 rendered by the learned Single Judge in W.P.(C.) No. 2220/2017. The learned Single Judge has dismissed the writ petition preferred by the appellant, wherein the appellant had primarily sought the relief that the appellant – who is a PhD student at the Delhi University, be permitted to participate in the Delhi University Students Union (DUSU) Elections.

2. The learned Single Judge has taken note of the decision of the Supreme Court in University of Kerala v. Council, Principal’s Colleges, Kerala & Ors., (2006) 8 SCC 304, (referred to as “University of Kerala 1”) wherein the Supreme Court accepted the Lyngdoh Committee’s recommendations on the aspects of formation of students Unions and Associations in Universities and, in effect, held that under the said recommendations and the constitution of DUSU, PhD students of Delhi University could not be considered to be entitled to become members of, or participate in the elections conducted by DUSU.

3. The submission of counsel for the appellant is that under the Lyngdoh Committee recommendations, which have been accepted in University of Kerala 1(supra), the appellant is not excluded from being considered eligible to participate in the election process conducted in respect of the DUSU. Learned counsel submits that the appellant is entitled to form, and be associated with an association to raise issues concerning the PhD students of Delhi University. He submits that merely because the appellant is pursuing PhD at Delhi University, he does not cease to be a student or a regular full time student of the University.

4. The appellant submits that he satisfies the condition prescribed in the Lyngoh Committee recommendations that the student – to become a member of the union/ representative body, shall be a regular student on the rolls of the institution. Learned counsel submits that even for pursuing the PhD course, the students are required to pursue a course; attend classes, and; maintain records which are checked by the supervisors on regular basis. Thus, it cannot be said that the PhD students do not pursue a course, or that there is no requirement of maintaining attendance at the University in respect of PhD students.

5. The further submission of counsel for the appellant is that the inclusion of PhD students in the DUSU would also enrich the said body, and it would not be adverse to the interest of the other students of the university or to the discipline or atmosphere in the university, to allow the PhD students to become part of the DUSU. He has drawn our attention to the order of the Supreme Court in “University of Kerala v. Council, Principal’s College, Kerala & Others” in Civil Appeal No.887/2009 dated 08.12.2011 (referred to as “University of Kerala 2”), wherein the Supreme Court applied the Lyngdoh Committee recommendations even in respect of the Jawahar Lal Nehru University (JNU) – which is a research oriented university and a post-graduate university. Thus, learned counsel submits that the Lyngdoh Committee recommendations are not limited in their scope to unions/associations of merely undergraduate or postgraduate students.

6. Learned counsel further submits that the students association in respect of PhD students and other research scholars i.e. Delhi University Researchers Association DURA has been defunct for the last about 15 years and, consequently, the debarment of the appellant from participating in the DUSU elections has deprived him, and other research stude