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2011 Supreme(Raj) 702
[Citation : 2012(1) RLW 615 (Raj.)]
(Rajasthan High Court)
Jaipur Bench
Mukesh Kumar Bhakar Vs. University of Rajasthan (Trivedi, J.)
HON'BLE ARUN MISHRA, CJ.
HON'BLE BELA MADHURYA TRIVEDI, J.
Mukesh Kumar Bhakar
Versus
University of Rajasthan & Ors.
D.B. Civil Writ Petition No. 9306 of 2011, decided on 26.07.2011
R.N. Mathur, Senior Advocate assisted by Sanchit Tamra, for Petitioner
Headnote:Constitution of Rajasthan University Students Union, 2010, Art. 15(c) — Imposing restriction on number of chances to contest election — Constitutional validity of Art. 15(c) — Justification of implementing the recommendations made by Lyngdoh Committee when the matter has been referred to the Larger Bench by the Apex Court and pending before the Apex Court — Held — The recommendations of the Lingdoh Committee have been implemented as per directions of the Apex Court — It is regulatory measure — Right to contest election cannot be claimed as fundamental right — It is statutory right and reasonable restriction can always be imposed in the interest of students — It does not in any manner infringe any of the right of the petitioner much less fundamental right — It is within the domain of the Universities to make the provision in question — Power has been exercised well within the frame work of law and does not suffer from any vice of arbitrariness.
Writ petition dismissed. (Paras 12 to 14 & 17)
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2. The facts in short are that the petitioner has claimed himself to be the student of LL.B. Ist Year, University Law College, University of Rajasthan, Jaipur. He was admitted in the University in the year 2005. He has done Post Graduate studies in Sociology. The petitioner had contested election for the post of President, Rajasthan University Students Union in the year 2010 and was declared unsuccessful. He applied for recounting of the votes, but recounting was not done.
3. It is further averred that the University of Rajasthan has framed the Constitution of the Students Union. It was not published for public notice. The Constitution was approved by the Syndicate on 22.7.2010. Article 6 of the Constitution of the Students' Union provides that there shall be one Union at the University level of all the students of the PG Departments/Units. Article 15(c) of the Constitution of the Students' Union provides that there shall be one Union at the University level of all the students of the PG Departments/Units. Article 15(c) of the Constitution of the Students Union imposes restriction on number of attempts to contest election. Provision has been made that the students shall not be allowed to contest the election for more than one post at a time and more than once for any post of the offence bearers of the same Union any time and not more than twice for the post of Executive Member.
4. It is submitted by the petitioner that the restriction on number of chances to contest election is unreasonable. Classification made is artificial and does not have any nexus with the objectives sought to be achieved. The same is based upon the letter dated 25.6.2010 issued by the State of Rajasthan which was addressed to all the Registrars of all the public Universities and to the Commissioner of College Education with respect to elections of Students' Union in different Universities and Colleges in which reference of Lyngdoh Committee's recommendations and acceptance of the same as directed by the Hon'ble Supreme Court has been made. Direction was issued to the Universities to ensure that the elections of the Students' Union are conducted only in accordance with the recommendations of the Lyngdoh Committee. The decision of the Apex Court in the matter of University of Kerala (1) vs. Council, Principals;, Colleges, Kerala & Ors., (2006) 8 SCC 304 has been referred to the Larger Bench and the reference is pending.
5. Petitioner has submitted that the restriction imposed under Article 15(c) of the Constitution of the Student's Union is arbitrary, unreasonable, unjust and violative of the principles of participation in democratic process of election. In the Representation of Peoples' Act, 1951, Rajasthan Panchayati Raj Act, 1994 etc., there is no restriction on number of attempts to contest the election. The Rajasthan University has accepted the recommendations made by the State of Rajasthan without application of mind in a mechanical manner. The University has abdicated its autonomy, feasibility of applying conditions have not been taken into consideration.
6. Shri R.N. Mathur, learned Senior Counsel appearing on behalf of the petitioner has submitted that the provision of Article 15(c) of the Constitution of the Students' Union is illegal and arbitrary and violative of democratic rights to contest the election. The restriction is unreasonable. The decision of the Apex Court in University of Kerala (1) (supra) has been referred to the Larger Bench. The State Government could not have written letter dated 25.6.2010 to the Universities to follow the recommendations made
