Point of Law: APJ University - Election - University is open to making changes in its “First Statutes” and that it has plenary powers to do so under its parent Act.

JUDGMENT :

DEVAN RAMACHANDRAN, J.

1. The “APJ Abdul Kalam Technological University” is a relatively new one and is attempting, for the first time, to conduct elections to its “University Union General Council” which, alas, has now been mired in controversy.

2. Sri. George Poonthottam-learned Senior Counsel, instructed by Sri. Navaneeth Krishnan-learned counsel for the petitioners, submitted that his clients are students of a Self Financing College and an Autonomous College respectively-both affiliated to the University and that they have been elected by the students of the said colleges-through the process of election notified by the University as “University Union Councillors.” He alleges that, however, even though his clients have been so elected, on account of certain restrictions placed in Chapter IV of the “First Statutes relating to the Constitution powers, duties and responsibilities of other Institutions of the University” (hereinafter referred to as the “First Statutes” for short), they will not automatically become the members of the “University Union General Council” because, when it comes to colleges, except the Government Colleges and Government Aided colleges, there is an additional stipulation of a further election from among the elected Councillors, who alone will then become members of the aforesaid “General Council.”

3. The learned Senior Counsel argued that the “First Statutes” thus treats all the colleges, other than Government and Government Aided ones, as a separate category and provides for an indirect election to the post of University Union Councillors from them; while as regards the former, it is a direct election-which is to say, all those candidates selected from such colleges would automatically become the members of the “University Union General Council.” He contented that this is discriminatory and wholly unconstitutional, because the classification as afore is without any 'intelligible differentia', and without any purpose to be finally achieved.

4. Sri. George Poonthottam, thereafter, submitted that, even though the notification, for the elections to the Unions of the various colleges under it, was made by the University on 21.12.2021 and the University Union Councillors elected through such process on 10.01.2022 being the date of the declaration of results-the further election from the members of the “University Union General Council” to its “Executive Council” has not been done yet. He pointed out that nearly eight months later, the University is now trying to embark upon the processes for election to the “University Union Executive Council” and argued that this is not merely now superfluous and unnecessary, but also illegal, because, by doing so, many students who were elected may have completed their course by June 2022. He concluded his submissions explaining that, the elections to the College Unions were notified by the University to be for the academic year 2021-2022 and hence that an attempt to now elect members to the “Executive Council” of the University Union is without any purpose and would be redundant, if not obsolete.

5. Sri. Elvin Peter P.J. learned Standing Counsel for the University, on the other hand, submitted that the “First Statutes” is the creation of a subordinate legislative exercise of the Government and therefore, that it cannot be assailed by the petitioners, unless it is demonstrated to be contrary to the Constitution of India or in violation of the provisions of the Parent Act. He submitted that there are three Autonomous Colleges; two Central Government Self-Financing Colleges; three Government aided Colleges; twenty four Government Self-Financing Colleges, along with nine Government Colleges; while there are hundred and four Colleges in the Self-Financing stream, affiliated to the University. He explained that, therefore, if all the colleges are allowed to select their Councillors through a direct election, the numbers would be rendered too large; and that the “Univers