Honble MATHUR, J.–This State appeal is directed against the judgment of the learned Single Judge dt. 20.12.2000, whereby the writ petition filed by respondent has been allowed and the order of the State Government dt. 17.8.2000 containing directions regarding alteration or amendment in the eligibility criteria for contesting election of the Students Union or Associations in their Constitution, has been quashed and set-aside. A further direction has been given not to interfere with the holding of election of Students Union at the behest of the State Government or any other agency. It appears that the State Government with a view to bring reforms in the election process and to make functioning of the Students Union more rational issued directions dt. 17.8.2000 to all the Government and private colleges whether affiliated or non-affiliated with the universities or whether receiving grant-in-aid or not, to provide the eligibility criteria for contesting the elections and other matters connected therewith in the constitution of the institution governing the election and functions of the Students Union. Accordingly, the colleges have provided restrictions for the students contesting the elections as follows:-

``6. Eligibility for candidature. – (a) A student who has failed to qualify himself/herself for promotion to the next higher class shall not be eligible.

(b) A student who has been punished on account of misconduct as referred u/Art. 88 of the University Head Book, shall not be eligible.

(c) A student can contest only for one post of the union.

(2). In the opinion of the learned Single Judge, the amendment in the Constitution and altering the eligibility criteria for contesting the elections constitute an infringement of fundamental right guaranteed u/Art. 19(1)(a) and (c) of the Constitution of India. The learned Judge observed that right to form an association or union is a fundamental right of every citizen including the students of the colleges. The right can only be curtailed or put under cloud by legislative action. The learned Judge further held that the order dt. 17.8.2000 containing directions to amend or alter the eligibility criteria for contesting the elections of the students union or associations passed by the State Government cannot be sustained as the State Government has no authority to pass such executive orders regarding amendment or alternation in the eligibility criteria for contesting the elections of the students unions or associations.

(3). While assailing the judgment of the learned Single Judge, it is brought to our notice that as a matter of fact, there is no statutory, provision under which the students union was constituted and, therefore, there was no question of amending the said Constitution by statutory provisions of law. It is further submitted that restrictions have been put in the best interest of the students as such.

(4). Having considered the rival contentions, we are of the view that the instant special appeal deserves to be allowed. There is no violation of a fundamental right in the matter of students elections under Clauses (2) to (6) of Art. 19 of the Constitution of India. The rights guaranteed under Art. 19(1) are subject to reasonable restrictions, which can be imposed by the State Government. The restrictions put by the State Government are just, fair and reasonable. The object of the restrictions is to discourage the students to continue in the institutions only for the sake of contesting the elections. Such candidates are found to pollute the atmosphere of the colleges or the universities. Thus, the State Government is competent to frame the appropriate rules to control, regulate and run the colleges in a disciplined manner. Thus, in our view, the judgment of the learned Single Judge is not sustainable and deserves to be set-aside.

(5).It may be stated that this Court whole admitting the petition, noted that the issue involved in the instant appeal is of wider ramification. The Court o

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