Contesting elections for student bodies is not a fundamental right, and eligibility criteria, including age limits, can be upheld as valid.

JUDGMENT

Vinit Kumar Mathur, J. - Heard learned counsel for the parties.

2. The present writ petition has been filed with the following prayers:-

"(i) The Article 11(iii) of the Constitution of MBM University Jodhpur Students Union Objectives issued vide notification dated 02.08.2022 (Annex. 8) may kindly be declared illegal and void to the extent of fixing maximum age of 25 years instead of 28 years for Post Graduate Student contest the Student Union Election 2022-23.

(ii) The respondent MBM University, Jodhpur may kindly be directed to fix the maximum, age limit of 28 years for Post Graduate Student to contest the election of Student Union 2022-23.

(iii) The respondent MBM University, Jodhpur may kindly be further directed not to reject the nomination form of the petitioner for the post President of the Student Union Election 2022-23 on the ground that he has having the age of more than 25 years.

(iv) The respondent MBM University, Jodhpur may kindly be directed to accept the nomination form of the petitioner for the post of President of Student Union Election 2022-23 which will filed on 22.08.2022 while considering the maximum age limit upto 28 years instead of 25 years."

3. Learned counsel for the petitioner submits that the petitioner is a Post Graduate Student and pursuing his studies in the Master of Engineering from MBM University, Jodhpur. Learned counsel for the petitioner further submits that since the graduation in the engineering is a five years course, therefore, fixing the maximum age limit for contesting the election for the students who are pursuing the Post Graduate course in the engineering wing of 25 years is erroneous. He submits that similarly situated persons who are pursuing the LLM course have been extended the benefit of the maximum age limit of 28 years. He, therefore, prays that the MBM University has committed an error while allowing only the students of the maximum age of 25 years who are pursuing Post Graduate studies to contest the elections.

4. Learned counsel for the petitioner vehemently submitted that the maximum age limit for the Post Graduate students should be 28 years and fixing the maximum age of 25 years is nothing but debarring the students from their right to contest the elections. He, therefore, prays that the Writ petition may be allowed and the petitioner may be allowed to contest the elections as he is pursuing the Post Graduate studies in the MBM University.

5. Per contra, learned counsel for the respondents submit that as per the Notification dated 02.08.2022 issued by the MBM University and as per the eligibility criteria enumerated in Article 11(iii) of the Constitution of MBM University, the maximum age limit to contest the elections for a person who is undergoing the Post Graduate courses is 25 years and since that condition is in existence even today, therefore, there is no reason to allow the petitioner to contest the elections for the year 2022-23. Learned counsel for the respondents has relied upon judgment of this court passed in D.B. Civil Writ Petition No. 11897/2022 (Mohammad Sajid Quazi v. State of Rajasthan & Ors.) and D.B. Civil Writ Petition No. 11730/2022 (Jagdish Chandra Gurjar v. State of Rajasthan & Ors.) decided on 18.08.2022. He prays that the present writ petition is bereft of merit and, therefore, the same may kindly be dismissed with heavy cost.

6. I have considered the submissions made at the Bar and gone through the requisite documents as well as the Notification issued by the MBM University on 02.08.2022.

7. For the Brevity, the Article 11(ii to iv) of the Constitution dated 02.08.2022 is reproduced as under:-

"(ii) Under Graduate Students between the ages of 18 and 25 may contest elections. For the Students of four years and five years of professional courses; the maximum age will be 25 years.

(iii) For Post Graduate Students; the maximum age limit to contest the election would be 25 years.

(iv) For Research Scholars P.G. Diploma; the maximum age limit to contest