1987 Supreme(MP) 343
High Court Of Madhya Pradesh
B. C. VARMA, RAM PAL SINGH
SANJAY JAIN - Appellant
Versus
STATE - Respondents
MISC. PETN. 3081 Of 1987
Decided On : 10/27/1987
P.S.NAYAR
Headnote:Vishwavidyalaya Adhiniyam, 1973 (M.P.)–S. 34 and 37–ordinances 1 and 2–co–ordination committee deciding mode of election to student union–office bearers to be elected or nominated by teaching staff–right of students not infringed.
( 1 ) HEARD Shri P. S. Nair, counsel for the petitioners on the question of admission.
( 2 ) THE petitioners are all students enrolled in different colleges affiliated to the Rani Durgawati Vishwa Vidyalaya, Jabalpur which is governed by M. P. Vishwa Vidyalaya Adhiniyam, 1973. A co-ordination Committee has been formed under the Presidentship of Kuladhipathi (Chancellor) under S. 34 of the Adhiniyam. Ordinances Nos. 1 and 2 providing for constitution of the Students' Union in Colleges and Teachings Departments in the University have been formed under S. 37 of the Adhiniyam. Accordingly, for the past few years the students used to elect their representatives to constitute the Union. However, in the 32nd sitting of the Co-ordination Committee held between 29 June and 1st July, 87 (both days inclusive), the Committee took a decision whereby all the Principals of the Colleges were vested with discretion either to hold election or to nominate representatives to the various posts in the Union. An order to that effect addressed to the Vice-Chancellor and the Principals of all the Universities and Colleges in the Madhya Pradesh was issued on 22nd July, 87 by the State Government in the Higher Education Department.
( 3 ) PETITIONERS' contention is that by vesting such a discretion in the Principals of the Colleges, their right to elect their representatives to the Union has been taken away. This in the democratic set up of this Country tantamounts to depriving the students of their fundamental right of participation in the Education democracy. The right to assemble is taken away. This will come in the way of socially educating the students and in preparing them to be a useful member of the society and a participator in the democratic process. Counsel urged that there appears to be no just reason to suddenly deviate from the usual process of election of the office bearers of the Students' Union. It was added that order. (Annexure-A) issued by the State Government vesting Principals with a discretion without guidelines is capable of being exercised arbitrarily and without any control. A direction is, therefore, sought for to the Vice-Chancellor of the University to direct holding of elections of the office-bearers of the Students' Union in all colleges affiliated with the University. After hearing the counsel for the petitioners at length, we are of the opinion that the petition must be dismissed. ( 4 ) ORDINANCE No. 1 provides for forming a Students' Union in every college and one Students' Union for all the Teaching Department/schools of Studies of the University. Ordinance No. 2 provides for constitution of the University Students' Union at the Head-quarters of the University and says that the University Students' Union shall be a federation of Students' Union in Colleges and Teaching Department/school of the Students and the Students' Union in every Colleges or in Teaching Departments/schools of studies shall be a member of the Students Union. Every regular student on the roll of the College or Teaching Department or School of studies, as the case may be, shall be a member of the Students' Union of the Institution concerned provided he is on the roll on a particular date. The aims and objectives of the Students' Union are said to be to promote discipline, co-operate, intellectual, civic and cultural life among the students foster activities to bring out and develop the creative talents of the students, to promote the study and discussions of subjects of National and International importance, to encourage among students awareness of the responsibility of an individual and democratic society and to promote social activities. The eligible students enrolled in the concerned Institution are to elect their class representatives in the General Council of the College and University Teaching Department. Somewhat similar are the objectives of University Students' Union. The professor-in-charge of a college has power to conduct