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2025 Supreme(Raj) 2518

HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
SAMEER JAIN, J.
Jai Rao, S/o Shri Harish Chand Rav – Petitioner
Versus
State Of Rajasthan, Through Its Principal Secretary, Department Of Higher Education – Respondent 
S.B. Civil Writ Petition No. 11354 of 2025 Connected With S.B. Civil Writ Petition No. 11789 of 2025, S.B. Civil Writ Petition No. 11800 of 2025, S.B. Civil Writ Petition No. 13904 of 2025, S.B. Civil Writ Petition No. 14689 of 2025
Decided On : 19-12-2025

Advocates Appeared:
For the Petitioner: Dr. Abhinav Sharma (Amicus Curiae) with Mr. Akshaya Varma & Mr. Rahul, Sharma, Ms. Puja Sharma, Mr. Vishal Choudhary, Mr. Shantanu Pareek, Mr. Navin Kumar Yadav, Mr. Tushar Panwar with Mr. Rohit Mahrada, Mr. Tushar Goyal, Mr. Mukul Rao, Mr. Deepak Tilwania, Mr. Anil Kr. Kasana, Mr. Anish Bhadala, Mr. Rishabh Bhidasra.
For the Respondent: Mr. Rajendra Prasad, AG with Ms. Dhriti Ladha, Ms. Harshita Thakral, Mr. Sheetanshu Sharma, Mr. Tanay Goyal, Mr. S.S. Naruka, AAG with Mr. Jitendra Kumar Takar, Mr. Anshuman Singh, Mr. Tanishq Aditya Parmar, Mr. A.K. Sharma, Sr. Adv. with Mr. Rachit Sharma, Mr. Madhav Dhadhich.

The fundamental right to conduct student union elections is upheld, necessitating adherence to recommendations by the Lyngdoh Committee while ensuring academic integrity and discipline.

Headnote:(A) Constitution of India - Article 19(1)(a) and 19(1)(c) - Recommendations of Lyngdoh Committee - The court considers the necessity and timing of conducting annual student union elections in educational institutions as mandated by the Supreme Court and previous judgments. Non-conduct of elections for 2025-2026 by the University is deemed arbitrary and unconstitutional, infringing upon the students' rights to form associations and express their fundamental rights. (Paras 3, 40-42, 41, 44)

(B) Judicial Precedent - The court emphasizes maintaining academic discipline alongside democratic processes, upholding that student elections are essential but should not disrupt academic schedules. (Paras 41-43)

(C) Locus Standi - The court found defects in the petitions due to the lack of representative capacity and exhaustion of internal remedies. (Paras 44.1-44.4)

(D) Directions - The court issued directions for prospective compliance regarding students' grievances, ensuring proper procedures in conducting elections while respecting academic protocols. (Paras 46-60)

Result: Writ petitions disposed of; no order as to costs.

Table of Content
1. controversy involves student union elections compliance. (Para 1 , 3)
2. importance of elections in education and student rights. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12)
3. petitioners' arguments for conducting elections. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21)
4. respondents' arguments against student elections. (Para 22 , 23 , 24 , 25 , 30)
5. court's need to balance student participation and academic objectives. (Para 40 , 41 , 42 , 43)
6. court's directions to ensure future election processes. (Para 45 , 51 , 52 , 53 , 60)

JUDGMENT :

SAMEER JAIN, J.

1. In the present batch of writ petitions, the scope of controversy involved, albeit not limited to but is broadly and predominantly defined by the plea made seeking compliance of the lyngdoh committee recommendation (committee appointed by the Hon’ble Supreme Court in the case of University of Kerala v. Council, Principal Education, Kerala and ors. , in Civil Appeal No. 887/2009) at point number 6.4.2 which purposes for yearly conduct of the student union elections; within six-eight weeks from the date of the commencement of the academic session. Consecutively, considering the fact that the writ petitions warrant adjudication on common questions of law and fact; with consent of the learned counsel appearing on behalf of the parties, SBCWP No. 11354/2025 titled as Jai Rao Vs. State Of Rajasthan And Ors. , is being taken up as the lead case. It is cautiously clarified that any discrepancies in the present petitions, pertain purely to the factual narratives contained therein, and not vis-à-vis the questions of law to be determined by this Court; the instant judgment shall be applicable on all the petitions connected herein/henceforth on mutatis mutandis basis.

2. Before proceeding to the merits and demerits of the case at hand, this Court finds it appropriate to extend its sincere gratitude to the learned amicus curiae for his valuable assistance provided during the course of these proceedings. The submissions and insights offered by the learned amicus curiae have been of significant aid in clarifying complex legal and factual issues pertinent to the matter. Thence, the Court recognizes and appreciates the impartial and professional manner in which the learned amicus curiae has approached the matter, ensuring that the focus remained squarely on the advancement of justice. The Court is, therefore, grateful for the thoughtful and impartial perspectives offered, which have undeniably enhanced the quality of the proceedings.

ISSUES TO BE ADJUDICATED BY THIS COURT AND PRIMARY GRIEVANCE OF THE PETITIONERS AS NOTED IN THE LEAD PETITION:-

3. The present batch of writ petitions has been filed invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. The petitioners have raised grievances regarding the respondents' failure to conduct the annual student elections for the academic session 2025-2026. The petitioners contend that the non-conduct of the elections is in violation of the directives set forth in the ratio of University of Kerala (supra), as well as the binding principles established by the Larger Bench of the Rajasthan High Court in the matter of Rajasthan High Court Advocates Association, Jodhpur & Anr. v. State of Rajasthan & Ors. (WRW No. 15/2005). It is contended that the respondents' actions are inconsistent with the judgment of the Larger Bench, which mandates the continuation of student elections in compliance with the recommendations of the Lyngdoh Committee. The petitioners seek adjudication on the primary issue: “Whether student elections should be held in educational institutions in the State of Rajasthan; at what time such elections should be conducted; by what mode the elections should be held; and who shall be the competent authority to regulate such elections?” The petitioners, therefore, seek appropriate reliefs in the form of directions to the respondents to ensure the holding of student elections as pe

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