Rajasthan High Court - Jodhpur
Mohammad Sajid Quazi vs State Of Rajasthan on 18 August, 2022
Bench: Sandeep Mehta, Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 11897/2022
Mohammad Sajid Quazi son of Rafeek Mohammad Quazi aged
about 26 years, resident of Gopalwara Ki Ghati, Mandal District
Bhilwara at present residing at 27, Sardar Club Scheme,
Ratanada, Tehsil and District Jodhpur (Raj.)
----Petitioners
Versus
1. State of Rajasthan through Secretary to government of
Rajasthan, Department of Higher and Technical
Education, Rajasthan, Jaipur (Raj)
2. Joint Secretary to the Government, Higher Education
(Group 4) Department, Secretariat, Jaipur (Raj.)
3. M B M University through Registrar having its office at
Erstwhile M B M Engineering College, Presidency Road,
Ratanada, Jodhpur (Raj.)
----Respondents
For Petitioner(s) : Mr. Manas Ranchhor Khatri
For Respondent(s) : Mr. Himanshu Shrimali
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE KULDEEP MATHUR Order 18/08/2022 The petitioner has approached this court through this writ petition filed under Article 226 of the Constitution of India with a prayer to quash the age eligibility criterion as prescribed under clauses (iii) and (iv) of Article-11 the Constitution of the MBM University Students' Union, wherein, for Post Graduate Students, the maximum age limit to contest the election is provided as 25 years and for Research Scholars P.G. Diploma, the maximum age limit to contest the election is provided as 28 years. (Downloaded on 19/08/2022 at 09:14:39 PM)
(2 of 3) [CW-11897/2022] A prayer has also been made quash clause 10 of the guidelines dated 24.07.2017 issued by the Joint Secretary, Higher Education, Government of Rajasthan providing the upper age limit for contesting the elections to be 25 years, except for Post Graduate Law Students and Research Scholars, for whom the upper age limit is provided as 28 years.
We may state here that the petitioner admittedly cleared the Bachelors Course in the year 2020. He submitted an application form for admission in the M.E. in Civil Engineering for the Academic Session 2022-23 on 08.08.2022. He claims that he has not been provided admission into the M.E. Course by the University and thus, he has been unjustifiedly prevented from participating in the elections in the Post Graduate category.
We are of the firm view that merely because the petitioner has submitted an application form for admission into the M.E. Course, that would not guarantee him the right to be admitted to course. It is the fundamental requirement of the Constitution of the Students' Union that elections for the student bodies can only be contested by regular/full time student of the University. We are of the firm opinion that the University cannot be dictated to change its election calendar so that the petitioner can get admission into the Post Graduation Course and then participate in the elections under the Post Graduate category.
We have, today, by a separate order rejected an identical writ petition [D.B. Civil Writ Petition No.11730/2022
- Jagdish Chandra Gurjar Vs. State of Rajasthan & Ors.], wherein a condition prescribing age limit of 28 years under the Constitution of University & College Students' Union 2022-23 of (Downloaded on 19/08/2022 at 09:14:39 PM) (3 of 3) [CW-11897/2022] Mohan Lal Sukhadia University was sought to be relaxed at the behest of the writ petitioner therein.
As a consequence of the above discussion, we find no merit in this writ petition, which is dismissed as such.
(KULDEEP MATHUR),J (SANDEEP MEHTA),J
Pramod/-
(Downloaded on 19/08/2022 at 09:14:39 PM)
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