Uttarakhand High Court
WPMS/2809/2024 on 22 October, 2024
Author: Pankaj Purohit
Bench: Pankaj Purohit
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
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Registrar's order
with Signatures
WPMS No.2809 of 2024
Hon'ble Pankaj Purohit, J.
Mr. Dushyant Mainali, learned counsel for the petitioner.
2. Mr. Anil Dabral, learned Additional C.S.C. with Mr. Suyash Pant, learned Standing Counsel for the State of Uttarakhand/respondent Nos.1 & 3.
3. Mr. Rajeev Singh Bisht, learned counsel for the respondent No.2.
4. From the office report, it reflects that respondent No.4 has also been served through Dasti mode.
5. Petitioner is a student of B.A. First Year in the M.B. Government P.G. College, Haldwani. He wishes to contest the election for the post of Joint Secretary in Student Union Eelection scheduled to be held in the Academic Year 2024-25.
6. The petitioner has moved this writ petition for the reason that respondent No.2 has issued a circular dated 30.08.2019 (contained in Annexure No.1), whereby, in Clause 2.1(x)(i), it has been prescribed that if a student would change his stream or discipline, he would not be allowed to contest the election, which is quoted herein below:-
"2.1(x)(i). ;fn dksbZ Nk= Lukrd Lrj dh çFke o"kZ@lsesLVj dh ijh{kk esa vuqÙkh.kZ gks x;k gks vFkok çFke o"kZ@lsesLVj ds mijkUr Nk= iqu% çFke o"kZ@lsesLVj esa viuk ladk; ¼e.g.Lukrd Lrj ij foKku ls dyk vFkok okf.kT;½ ifjofrZr dj ifjlj@ egkfo|ky; esa ços'k pkgrk gS rks ,sls Nk= }kjk ifjlj@ egkfo|ky; esa ços'k ysus gsrq fof/kor vkosnu djuk gksxkA ftlds mijkUr ,sls Nk= dks lEcfU/kr ifjlj@egkfo|ky; esa ços'k fu;e 2&1 ¼d½ ds vuqlkj rFkk vojks/k o"kZ 2 ds fy, çkIrkadksa esa ls 05 çfr'kr vad çfro"kZ de dj ;ksX;rk lwph ¼Merit Index½ esa vkus ij ,oa lEcfU/kr ifjlj@egkfo|ky; esa lhV fjDr gksus dh n'kk esa ml ifjlj@egkfo|ky; dh ços'k lfefr }kjk çFke o"kZ@lsesLVj esa ços'k fn;s tkus gsrq fopkj fd;k tk ldrk gSA ;fn dksbZ Nk= fo'ofo|ky; dh LukrdksRrj [email protected]; ,oa foKku dh çFke o"kZ@lsesLVj d{kk esa vuqÙkh.kZ gks x;k gks vFkok çFke lsesLVj ds mijkUr Nk= iqu% çFke o"kZ@lsesLVj esa foKku vFkok okf.kT; ls dyk ladk; esa ços'k ysuk pkgrk gS ,oa lkFk gh LukrdksRrj ¼dyk ladk;½ dks dksbZ Nk= çFke o"kZ@lsesLVj esa vuqÙkh.kZ gks x;k gS vFkok çFke lsesLVj ds mijkUr Nk= iqu% çFke o"kZ@lsesLVj esa viuk fo"k; ifjofrZr dj dyk ladk; ds vUrxZr ifjlj@ egkfo|ky; esa ços'k pkgrk gS rks ,sls Nk= }kjk ifjlj@egkfo|ky; esa fof/kor ços'k ysus gsrq vkosnu djuk gksxkA ftlds mijkUr ,sls Nk= dks lEcfU/kr ifjlj@ egkfo|ky; esa ços'k fu;e 2&1 ¼d½ ds vuqlkj rFkk vojks/k o"kZ ds fy;s çkIrkadksa esa ls 05 çfr'kr vad çfro"kZ de dj ;ksX;rk lwph ¼Merit Index½ esa vkus ij ,oa lEcfU/kr ifjlj@egkfo|ky; esa lhV fjDr gksus dh n'kk esa ml ifjlj@egkfo|ky; dh ços'k lfefr }kjk çFke o"kZ@lsesLVj esa ços'k fn;s tkus gsrq fopkj fd;k tk ldrk gSA ,sls çosf'kr Nk= dks fo'ofo|ky; }kjk iwoZ esa vkoafVr ukekadu la[;k dk mYys[k fd;k tkuk vfuok;Z gksxkA ;g Hkh lwP; gS fd O;olkf;d ikB~;Øeksa esa ,d ladk; ls vuqRrh.kZ gksus ij nwljs ladk;@ikB~;Øe ;Fkk& bUVhfj;j Msdksjs'ku bR;kfn esa çFke o"kZ@lsesLVj ços'k ysus ij Hkh mijksDr fu;e ykxw gksxkA ,sls çosf'kr Nk=ksa dks fyaxnksg lfefr dh flQkfj'kksa ds vuqikyu esa fo'ofo|ky; ds Nk=la?k pquko esa çR;k'kh ds :i esa çfrHkkx djus dk volj çnku ugha fd;k tk;sxkA**
7. This Court while issuing dasti notice to respondent Nos.2 & 4, sought instruction in the matter from the respondents.
8. Today, on instruction, it is contended by learned State Counsel that the reason for not allowing the petitioner to contest the scheduled election is contained in Clause 2.1(x)(i) of the circular dated 30.08.2019, which is quoted above.
9. It is contended by learned counsel for the petitioner that the election of the Student Union in the Government Colleges and P.G. Colleges are governed by the recommendations of Lyngdoh Committee, which have been accepted by the Hon'ble Supreme Court for implementation in the case of University of Kerala (1) Vs. Council, Principal, Collages, Kerala and Ors. reported in 2006 (8) SCC 304.3
10. The attention of this Court has been drawn by the learned counsel for the petitioner on Page No.37 of the paperbook, which contained the recommendation of the Lyngdoh Committee, especially on Clause 6.5.4, in which, it has been stated that the student shall not be allowed to contest the election if in the year of contesting election, such student has any academic arrears.
11. It is further contended by learned counsel for the petitioner that the petitioner took admission in B.Com in the academic year 2023-24 and in the academic year 2024-25, he re-took the admission in B.A. and therefore, in no stretch of imaginations, it can be said that there is any academic arrears of the petitioner in the academic year 2024-25, as no examination has yet been conducted and further the election has been conducted for the academic year 2024-25.
12. Per contra, learned counsel for respondent No.2 submits that the petitioner failed in the academic year 2023-24 and after his failure, he took admission in B.A. discipline in the academic year 2024-25, therefore, it can safely be concluded that the petitioner has been in the academic arrears.
13. It is submitted by learned State Counsel that it was a pre-condition of giving re-admission to the petitioner in B.A.-I in the academic year 2024-25 that he would not contest the election as he has changed his stream.4
14. Having considered the rival submission of the parties and having gone through the Lyngdoh Committee report specifically Clause 6.5.4. as well as the 2.1(x)(i) of the circular dated 30.08.2019, this Court is prima-facie of the opinion that the academic arrears should be of the year when the election is scheduled to be conducted. But, in the case of the petitioner, it is not so. The matter requires deliberation.
15. Respondents are directed to file counter affidavit within four weeks.
16. Put up on 24.12.2024.
17. In the meantime, the petitioner is provisionally allowed to contest the election and his result shall be subject to the final outcome of this writ petition.
(Pankaj Purohit, J.) 22.10.2024 PN