The court upheld the age limit set by the Lyngdoh Committee for college elections, affirming the strict adherence to eligibility criteria.

JUDGMENT

The petitioner has approached this Court seeking directions to the respondents 3 and 4 to accept the nomination and to permit her to contest the College Union election in the 3rd respondent college.

2. The petitioner contends that she is 27 years of age and is a Fourth Semester student pursuing her Three-Year LLB course in the Government Law College, Thiruvananthapuram. The College Union elections for the year 2022 is scheduled to be held on 25.01.2022. Her grievance is that the 3rd respondent has fixed the upper age limit for contesting the elections as 27 years based on the recommendations given in Para. 6.5.1 to 6.5.3 of the Lyngdoh Committee Report . It is contended that the respondents have erroneously interpreted the various clauses of the Lyngdoh Committee Report for fixing the upper age criteria. The petitioner states that narrating her grievances she has submitted representations before the respondents 1 to 3, copies of which are produced as Exhibits P3, P4 and P2 respectively. The petitioner contends that no action has been taken to waive the age criteria. It is in the afore circumstances, that the petitioner is before this Court seeking a direction to the respondents 3 and 4 to accept the nomination form submitted by the petitioner and to ensure that she is free to contest the election to be held on 25.01.2022, for relaxation of the age limit and sought for the directions.

3. A statement has been filed by the learned Standing Counsel of the University for and on behalf of respondents 1 and 2. It is stated that the University is strictly following the guidelines issued by the Lyngdoh Committee recommendations on student elections in colleges. The recommendation issued by the committee has been approved by the Hon’ble Supreme Court and has to be abided strictly. Since the age of the petitioner is above the limit prescribed by the committee, the petitioner is not entitled to submit the nomination for the elections.

4. I have considered the submissions of Sri. Saijo Hassan, the learned counsel appearing for the petitioner and Sri. Thomas Abraham, the learned standing counsel appearing for the University of Kerala.

5. It was pursuant to the order of the Hon’ble Supreme Court dated

02.12.2005, that the Ministry of Human Resources Development had constituted a committee under Sri. J.M. Lyngdoh to examine and recommend upon certain aspects of student body and student union elections conducted in various Universities, Colleges and other institutions of higher education across India. The report submitted by the committee was approved by the Apex Court by order dated 22.12.2006 and it was further ordered that the recommendations of the committee shall be implemented in all College/University elections.

6. The contention of the petitioner revolves around 6.5.1, 6.5.2 and

6.5.3 of the recommendations of the Lyngdoh Committee Report which has been approved by the Hon’ble Supreme Court. The relevant provisions are extracted below for convenience.

6.5.1. Undergraduate students between the ages of 17 and 22 may contest elections. This age range may be appropriately relaxed in the case of professional colleges, where courses often range between 4 to 5 years.

6.5.2. For Post Graduate Students the maximum age limit to legitimately contest and election would be 24-25 years.

6.5.3. For research Students, the maximum age limit to legitimately contest an election would be 28 years.

7. 6.5 deals with the eligibility criteria for candidates. Insofar as students pursuing the undergraduate course is concerned, only students between the age of 17 and 22 are entitled to contest the elections. However in the case of students pursuing professional courses where the duration of the course is between 4 to 5 years appropriate age relaxation can be granted.

8. In our country, the Graduat