HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Civil Writ Petition No. 11730/2022

Jagdish Chandra Gurjar S/o Shri Veni Ram Gurjar, Aged About 28

Years, Village Nai Basti, Sindhiyo Ka Badgaon, Balathal District

Udaipur, Rajasthan.

----Petitioner

Versus

1.

State Of Rajasthan, Through Its Secretary, Department Of

Higher Education, Government Of Rajasthan, Secretariat,

Jaipur.

2.

Mohan Lal Sukhadia University, Through Its Registrar,

Mohal Lal Sukhadia University Udaipur.

3.

Registrar Cum Chief Returning Officer, Mohan Lal

Sukhadia University, Udaipur.

4.

Chief Election Officer, Mohan Lal Sukhadia University,

Udaipur, Students Union Election 2022-23, Mohan Lal

Sukhadia University, Udaipur.

----Respondents

For Petitioner(s)

:

Mr. Sukesh Bhati.

For Respondent(s)

:

Mr. Himanshu Shrimali.

Mr. Rajesh Punia.

HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE KULDEEP MATHUR

O R D E R

18/08/2022

The instant writ petition has been preferred by the petitioner

Jagdish Chandra Gurjar seeking the following reliefs:-

“(i) By an appropriate writ, order or direction, the effect

and operation of Clause 7(a)(ii) of the Constitution of

Mohan Lal Sukhadia University Students’ Union 2022-23

may kindly be declared ultra vires being violative of

Article 14 of the Constitution of India and same may

kindly be quashed and set aside.

(2 of 5)

[CW-11730/2022]

(ii) By an appropriate writ, order or direction, the

respondents may kindly be directed to allow / permit the

petitioner to contest election of Research Representative

of Mohan Lal Sukhadia University Students’ Union

Elections-2022-23 scheduled to be held on 26.08.2022 by

providing up to two years upper age relaxation.”

Learned counsel Shri Sukesh Bhati, representing the

petitioner, vehemently and fervently contended that the Clause

7(a)(ii) of the Constitution of University & College Students’ Union

2022-23 of Mohan Lal Sukhadia University (hereinafter referred to

as ‘Constitution of MLSU 2022-23’) is illegal, arbitrary and

unconstitutional inasmuch as it curtails the rights of the students

to contest election for the post of Research Representative after

crossing the age of 28 years. He submits that elections were not

held for the Research Representatives for the previous two years

owing to the Covid pandemic and thus, the relaxation provided by

Hon’ble the Supreme Court in the matter of in Re: cognizance

for extension of limitation (Miscellaneous Application No.

21 of 2022 in Miscellaneous Application No. 665 of 2021 in

suo motu Writ Petition (c) No. 3 of 2020), deserves to be

applied to the forthcoming students election. The said upper age

limit deserves to be extended and for this purpose, the upper age

eligibility criterion under Clause 7(a)(ii) of the Constitution of

MLSU 2022-23 should be struck down.

In support of his contentions, Shri Bhati has placed reliance

on the Supreme Court judgment in the case of University of

Kerala Vs. Council, Principals, Colleges, Kerala and Ors.

[(2011)14 SCC 363] and urges that in the said judgment,

(3 of 5)

[CW-11730/2022]

Hon’ble the Supreme Court approved the recommendations of the

Lyngdoh Committee, wherein it has been recommended that the

maximum age limit for which the students can legitimately contest

the elections should be enhanced to 30 years. He urges that the

situation in the present scenario is very harsh because the

elections were not held for the previous two years owing to the

Covid pandemic and thus, the age relaxation is required to be

extended and consequently, a provisional direction be issued to

permit the petitioner, who is presently aged about 28 years, to

contest the election for the Research Representative post.

Per contra, learned counsel Shri Rajesh Punia and Shri

Himanshu Shrimali, representing the respondents, vehemently

and fervently contended that there is no ves