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2004 Supreme(All) 2385
ALLAHABAD HIGH COURT
ARUN TANDON J.
Committee of Management, S. M. College, Chandausi, Moradabad and others, etc – Appellant
Versus
State of U.P. - Respondent
Civil Misc. Writ Petn. Nos. 45264, 40974, 45051 and etc. etc. of 2004
Decided On : 22-12-2004
For Petitioner: P. S. Baghel, Ramendra Asthana, Irshad Ali, Dinesh Chandra Mishra and Dinesh Mishra, Advs.
For Respondent: Sudhir Agarwal, Addl. A. G. Govind Saran, Gajendra Pratap Singh and S.C.
The right to elect the office bearers of the Students Union is not a part of the right to education. The State Government cannot issue directions to the University to frame ordinances for the constitution of Students Union and election of its office bearers in affiliated degree colleges.
Headnote:
Students Union - Constitution and Election - State Universities Act, 1973, Section 66A, Section 51, Section 53 - The court held that the right to elect the office bearers of the Students Union is not a part of the right to education. The State Government cannot issue directions to the University to frame ordinances for the constitution of Students Union and election of its office bearers in affiliated degree colleges. The Ordinance enforced by the University does not provide for the constitution of Students Union in affiliated degree colleges or the election of its office bearers.
Fact of the Case:
The petitioners, management/principal of degree colleges, challenged the insistence of the State authorities to conduct elections for the office-bearers of the students union in affiliated degree colleges under the Ordinances enforced by the University.
Finding of the Court:
The court found that the right to elect the office bearers of the Students Union is not a part of the right to education. The State Government cannot issue directions to the University to frame ordinances for the constitution of Students Union and election of its office bearers in affiliated degree colleges. The Ordinance enforced by the University does not provide for the constitution of Students Union in affiliated degree colleges or the election of its office bearers.
Issues: The issues included whether the constitution of students union and provision for the election of its office-bearers in all affiliated degree colleges is part of the academic curriculum, whether the State Government can issue directions requiring the University to frame Ordinances for the constitution of students union and election of its office-bearers, and whether the University has the competence to frame Ordinances to provide for election of the students union in affiliated degree colleges.
Ratio Decidendi: The court held that the right to elect the office bearers of the Students Union is not a part of the right to education. The State Government cannot issue directions to the University to frame ordinances for the constitution of Students Union and election of its office bearers in affiliated degree colleges. The Ordinance enforced by the University does not provide for the constitution of Students Union in affiliated degree colleges or the election of its office bearers.
Final Decision: The court issued a writ of mandamus directing the respondents not to insist upon the petitioner-institutions (affiliated degree colleges) to hold elections of the Students union and not to insist upon the petitioner institutions to get the fee of Rs. 50/- deposited from the students for membership of the Students Union.
ORDER
1. Heard Sri P. S. Baghel, Advocate, Sri Ramendra Asthana Advocate, Sri Irshad Ali, Advocate and Sri Dinesh Mishra, Advocate on behalf of the petitioners, Sri Sudhir Agarwal Additional Advocate General on behalf of State of Uttar Pradesh and Sri Govind Saran, Advocate on behalf of M.J.P. Rohilkhand University, Bareilly, in all the aforesaid writ petitions.
2. At the very outset this Court records its satisfaction for the valuable assistance rendered in the matter by Sri Gajendra Pratap Singh, Advocate, as Amicus curiae.
3. All these writ petitions have been filed by the management/principal of various degree colleges affiliated to M.J.P. Rohil-Khand University, Bareilly for the following reliefs :
(a) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to compel the petitioners to hold the students union election for the academic Sessions 2004-05 and onwards.
(b) Issue a writ order or direction in the nature of mandamus directing Cl. (v) of the Ordinance of the University as illegal and ultra vires in view of the judgment of this Court dated 30-9-2003 in Writ Petition No. 43465 of 2003 (reported in 2003 (53) All LR 351).
4. The facts giving rise to the present petitions file in a very narrow compass. The Committee of Management/Principal of Degree Colleges affiliated to the University are aggrieved by the insistence of the respondents, including the State authorities, to get the elections of the office-bearers of the students union conducted in affiliated degree colleges under the Ordinances enforced by the M.J.P. Rohilkhand University, Bareilly with effect from 15-9-2003. The said Ordinances have been framed by the University in compliance of the Government orders dated 1-9-2003 and 8-9-2003.
5. A short counter-affidavit has been filed on behalf of M.J.P. Rohilkhand University. On behalf of the State Government it has been stated that there is no dispute with regard to the facts and question of law is involved and, therefore, the writ petition may be decided on the basis of the pleadings already on record before this Court.
6. From the pleadings and the contentions raised by the respective parties the following issues arise for determination in the present case :-
(a) Whether constitution of students, union and provision for the election of its office-bearers in all affiliated degree colleges is part and parcel of the academic curriculum.?
(b) Whether the State Government in exercise of powers under S. 66-A of the State Universities Act can issue directions requiring the University to frame Ordinance to provide for constitution of students union and election of its office-bearers?
(c) Whether the University under the State Universities Act has competence to frame Ordinances so as to provide for election of the students union in affiliated degree colleges?
(d) Whether the Ordinances framed by the M.J.P. Rohilkhand University enforced with effect from 15-9-2003 in fact provide for constitution of the students union and election of its office-bearers?
Issue (a)
7. For the purposes of deciding this issue it would be relevant to take note of the following facts :-
Article 41 of the Constitution of India provides that the State shall, within the limits of economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment old age, sickness and disablement, and in other cases of undeserved want. Therefore, the States are enjoined upon to take necessary action by legislation or otherwise so as to make the right of education available to every eligible person and to that extent the statutory right to education stands equal to fundamental right. The legal position in that regard has been clarified by the Hon'ble Supreme Court in the case of Miss Mohini Jain v. State of Karnataka, AIR 1992 SC 1858 and in the case of Unni Krishnan, J.P. v. State of Andhra Pradesh, AIR 1993 SC 2178 wherein the Hon'ble Supreme Court has speci
