Rajasthan High Court - Jodhpur
Anil Bishnoi vs Jai Narain Vyas University, Jodhpur on 5 September, 2018
Author: Sangeet Lodha
Bench: Sangeet Lodha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ No. 13415/2018
Anil Bishnoi S/o Shri Ramnarayan Ji, Aged About 22 Years, R/o
Plot No. 137 B, Ugam Vihar, Balsamand, Mandore Road, District
Jodhpur, Rajasthan
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar,
Rajasthan
2. Registrar, Jai Narain Vyas University, Rajasthan.
3. State Of Rajasthan, Through Secretary, Department Of
Higher Education, Jaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Nihar Jain.
For Respondent(s) : Mr. P.R. Singh, AAG
HON'BLE MR. JUSTICE SANGEET LODHA
Order 05/09/2018 Heard.
Learned counsel appearing for petitioner contended that eligibility condition under Article 11 of the Constitution of the Jai Narain Vyas University Students' Union Objectives providing that candidate must be regular student of last session of Jai Narain Vyas University runs contrary to the recommendations of Lyngdoh Committee, which provide that the eligible candidate must be enrolled in full time course, the course duration being at least one year. It is further submitted that even as per Annexure-VI to the Constitution of the Students' Union, if any of the provision in the Jai Narain Vyas University Students' Union Objectives is not strictly in accordance with J.M. Lyngdoh Committee (2 of 2) [CW-13415/2018] recommendations and guidelines issued by the State Government, then J.M. Lyngdoh Committee recommendations and guidelines issued by the State Government shall prevail. Thus, the said condition incorporated in Article 11 of the Constitution of the Jai Narain Vyas University Students' Union Objectives, cannot be made operative.
Learned counsel for the petitioner further submits that identical writ petitions preferred by the candidates during the election of Student Union of the University in the preceding year involving identical question are pending consideration, wherein interim order was passed in favour of petitioners therein.
Issue notice.
Mr. P.R. Singh, learned Additional Advocate General accepts notices on behalf of respondents.
In the meanwhile and until further orders, the nomination form of the petitioner, if already filed, shall not be rejected on the ground that he was not regular student of last session of the J.N.V. University, subject to the condition that he fulfills the eligibility criteria of being student of the University during the current academic session of the course of duration of at least one year.
List the matter on 07.09.2018.
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