W.P.(C) 12139/2023 Page 1 of 5

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 15^th September, 2023.

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W.P.(C) 12139/2023

HARISH KUMAR GAUTAM

..... Petitioner

Through:

Petitioner in person with Advocate

(appearance not given).

versus

UNIVERSITY OF DELHI

..... Respondent

Through:

Mr. Tushar Mehta, Solicitor General

of India with Mr. Mohinder J.S.

Rupal, Mr. Hardik Rupal and Ms.

Sachpreet Kaur, Advocates.

CORAM:

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE SANJEEV NARULA

JUDGMENT

SANJEEV NARULA, J. (Oral)

1. The Petitioner, an alumnus of the Respondent, University of Delhi

(“DU”), and a concerned citizen, has approached this Court by way of this

Public Interest Litigation to challenge the notice issued by DU on 27^th

August 2023, relaxing the age criteria for eligibility in the Delhi University

Student’s Union (“DUSU”) elections for the academic year 2023-24.

Specifically, the notice extends the upper age limit for undergraduate

students from 22 years to 25 years, and for postgraduate students, from 25

years to 28 years.

2. The Petitioner’s concerns are based on various news reports as well as

Digitally Signed

By:SAPNA SETHI

Signing Date:20.09.2023

14:33:39

Signature Not Verified

W.P.(C) 12139/2023 Page 2 of 5

information gleaned from the University’s official website. The Petitioner

perceives that the issue at hand, namely the relaxation of age criteria for

eligibility in the DUSU elections, constitutes a matter of grave public

interest warranting this Court’s intervention. He brings to the Court’s

attention that previously, a committee spearheaded by Mr. J.M. Lyngdoh

(“Lyngdoh Committee”), was constituted pursuant to Supreme Court’s order

dated 12^th December, 2005,¹ to scrutinize and offer recommendations

concerning various aspects of student bodies and student union elections

across educational institutions in India. Pursuant to the report furnished by

said committee, the Supreme Court passed an order on 22^nd September

2006,² mandating nationwide implementation of the committee’s

recommendations in all college and university elections. Among these

recommendations was the fixed maximum age limit for eligibility to

participate in student elections. The Petitioner argues that the recent decision

by the Executive Council of the DU to relax age limits is in direct conflict

with the binding precedent set by the Supreme Court’s 2006 order. Further

amplifying his position, the Petitioner contends that such age relaxation

would invariably lead to a surge in instances of violence, hooliganism,

unauthorized intrusion into academic institutions, particularly those

designated for women, and the unabated exhibition of financial and muscle

power play during electoral processes.

3. Having carefully considered the contentions advanced by the

Petitioner, we remain unconvinced by the arguments put forth. According to

the notice issued by the Chief Election Officer of DU on 27^th August, 2023,

1 In University of Kerala v. Council, Principals, Colleges, Kerala and Others, 2005 SCC OnLine SC

1744.

Digitally Signed

By:SAPNA SETHI

Signing Date:20.09.2023

14:33:39

Signature Not Verified

W.P.(C) 12139/2023 Page 3 of 5

a one-time age relaxation has been granted for candidates participating in the

DUSU elections. This modification arises in a unique context, as the

elections are being held after a hiatus of three years due to the disruption

caused by the COVID-19 pandemic. The University, in fact, received

numerous appeals from various student bodies requesting a relaxation of the

existing age limits. In light of these extraordinary circumstances, the

Executive Counc