The court considered the eligibility criteria in the student union constitution and relied on the recommendations of the Lyngdoh Committee and a previous court order to grant relief to the petitioner.

JUDGMENT

1. Lawyers are not putting their appearances in the Court today to mourn the sad demise of former Chairman & present member of the Bar Council of Rajasthan, Shri Sanjay Sharma. Thus, the petitioners are present-in-person.

2. By way of filing this instant writ petition, the petitioner Arvind Singh Bhati, who is pursuing a P.G. Diploma Course in Labour Law & Labour Welfare in the Jai Narain Vyas University, has sought indulgence of this Court for issuance of the following writs/ directions:-

"A. By an appropriate writ order or direction, the guidelines/circular dated 16.08.2017 and the dated 24.07.2017 (Annex.04) may kindly be declared illegal and without jurisdiction and the same may also kindly be quashed and set aside.

B. Further, the petitioner being a student of PG Diploma the duration of the same one year be declared qualified for contesting the elections of the students Union for the year 2022-23, and the University may be restrained from cancelling candidature of the petitioner for contesting the election on the post of Office bearer of the Union body at Apex level on this ground.

C. By an appropriate writ order of direction, the new Student Union Constitution of the JNV University Student Union (Annex.-06) may kindly be declared illegal and without having force of Law. D. By an appropriate writ order or direction, the edibility criteria laid down by the University in the Constitution of the JNV University Student Union (Annex.-06), Article 11 (i) & (ix), debarring the students of First/Second/Third year of Four Year Degree/One Year Diploma Course and the students who have not been a student in the last academic session, for the post of Office bearer of the Union body at Apex level, may kindly be declared illegal and be quashed and set aside.

E. By an appropriate writ order or direction, the Article 11 Clause (i) & (ix) of the Constitution of the JNV University Student Union (Annex.-06) permitting only the students of studying in the last session only as well as student of two years PG/three year PG course or final year students of Four/Five year degree course to contest the election of for the Apex post of may kindly be declared illegal and be quashed and set aside.

F. Any other appropriate order or relief which this Hon'ble Court may deem just and proper in the facts and circumstances of this case may also kindly be passed in favour of the humble petitioner. G. Cost of litigation may kindly be awarded to the humble petitioner."

3. Heard the petitioner present-in-person. The petitioner apprehends that his eligibility to seek nomination in the coming election would be hampered as the Students' Union's Constitution does not allow a student to contest who was not a regular student in the previous session as well as a student who is not enrolled in the courses enlisted under Article 11 that prescribes the Eligibility Criteria.

4. This Court feels it worth considering that when the course itself is of a duration of one year and he is a regular student in the said course, then debarring him from contesting on the basis of the condition contained in sub-clause (i) of Article 11 which stipulates that he must be a regular student of last session would not be reasonable and justifiable.

5. While entertaining a petition raising an identical issue, a co- ordinate bench of this Court intervened into the matter and held that the recommendations of the J.M. Lyngdoh Committee would prevail over the clauses of the Constitution of the Students' Union of the JNV University vide order dated 05.09.2018 in SBCWP No.13415/2018 titled as Anil Bishnoi v. Jai Narain Vyas University, Jodhpur & Ors.

6. In the case of University of Kerala v. Council, Principals, Colleges, Kerala & Ors. reported in (2011) 14 SCC 363, Hon'ble the Supreme Court has held that the recommendations of the Lyngdoh Committee are salutary in nature and should be followed in various aspects including criminal record of candidates, attendance criteria and several other matters.

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