Rajasthan High Court - Jaipur
Ashok Fagna S/O Shri Purushottam Gurjar vs University Of Rajasthan on 21 August, 2019
Author: Alok Sharma
Bench: Alok Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No.14112/2019
Ashok Fagna S/o Shri Purushottam Gurjar, Aged About 25 Years,
By Caste Gurjar, Resident Of 86, Nagar Nigam Road, Gujron Ka
Mohalla Sanganer, Jaipur (Raj.) Student Of Diploma In Labour
Law, Department Of Law, University Of Rajasthan.
----Petitioner
Versus
1. University Of Rajasthan, Through Registrar, University
Campus, Near Birla Mandir, Jaipur (Raj.)
2. Chief Election Officer, Rajasthan University Student Union
Election- 2019. And Dean, Students Welfare University Of
Rajasthan, University Campus, Near Birla Mandir, Jaipur
(Raj.).
----Respondents
For Petitioner(s) : Mr.Tanveer Ahamad
For Respondent(s) : Mr.A.K. Sharma, Senior Counsel with
Mr.Rachit Sharma.
HON'BLE MR. JUSTICE ALOK SHARMA
Order
21/08/2019
The petitioner was admitted to Diploma in Labour Law, Department of Law in the University of Rajasthan (hereafter 'the University') in the academic session 2019-20. As such he is a regular student of the University and eligible to contest the elections to the post of an office-bearer in the Rajasthan (Downloaded on 28/08/2019 at 10:42:37 PM) (2 of 10) [CW-14112/2019] University Students Unions, 2019 (hereafter 'RUSU, 2019') elections scheduled to be held commencing 27.8.2019. The elections in issue are to be held in accordance with the Constitution of Rajasthan University Students' Union, 2017 (hereafter 'the Constitution, 2017').
Prior to his admission in Diploma in Labour Law in the Department of Law, the petitioner had been earlier admitted to M.A. (Sociology) semester scheme in 2017 with the University. He passed the said course with grade D having earned 132 credits against the minimum required of 120 credits for a pass. A copy of the petitioner's mark-sheet dated 2.8.2019 of M.A. Sociology Semester Examination, May - 2019 reflecting his performance in the four semesters has been annexed to the petition as annexure-
5. The petitioner submitted an application before the Chief Election Officer for ascertaining and ensuring that he was eligible to contest the elections to the post of an office-bearer to the RUSU (Downloaded on 28/08/2019 at 10:42:37 PM) (3 of 10) [CW-14112/2019] under its Constitution, 2017 such that on his nomination filed for a post of an office-bearer in RUSU it would go through smoothly without unnecessary hiccups. Vide impugned letter dated 16.8.2019 the Chief Election Officer, RUSU Elections, 2019 to whom the application was made, declared the petitioner as ineligible on the ground of his being disqualified under Clause 20
(c) of the Constitution of the RUSU, 2017. Clause 20(c) of the Constitution of the RUSU, 2017 read as under :-
Clause 20. No member of the Rajasthan University Students' Union/ Constituent College Students' Unions/ other Unions shall be entitled to contest for any post of office-bearer or to become student member of the Assembly/ executive council/ executive Committee as the case may be, if that student
(c) has failed to clear all the papers, whether compulsory or elective, individually and in aggregate, including by absence (or not secured required credits in case of final examination) of the last Semester/ Year in which he has taken admission in the preceding academic session of the year of contesting the election (whether Annual or Semester Scheme or whether the examination of University of Rajasthan or any other academic institution).
Hence this petition.
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(4 of 10) [CW-14112/2019] Mr.Tanveer Ahamad counsel for the petitioner submitted that the final mark-sheet of the petitioner for M.A. (Sociology) Semester Examination, May 2019 issued on 2.8.2019 indicates that the petitioner has been declared passed in the said course having obtained 132 credits against the minimum required of 120 credits prescribed for a pass. It has been submitted that the final mark-sheet for M.A. Sociology semester scheme having been issued to the petitioner and the petitioner having been declared passed he cannot conceivably be held to be disqualified under Clause 20(c) of the Constitution of RUSU, 2017. Mr.Tanveer Ahamad submitted that Clause 20(c) of the Constitution of the RUSU, 2017 is in two parts; (i) which relates to performance without failure in any subject at the semester/ annual level and
(ii) which relates to performance of the student in the final examination in a course with credits system for a pass where it has only to be ascertained as to whether he had secured the requisite credits for a pass or not. That the student concerned (Downloaded on 28/08/2019 at 10:42:37 PM) (5 of 10) [CW-14112/2019] may have not passed in a given paper or two is not relevant in such situations where a pass in a course is dependent on the totality of credits acquired over the minimum prescribed credits. Mr.Tanveer Ahamad submitted that in this view of the matter the petitioner may have indeed been marked as 'F' in the subject of Methods of Sociological Research in the first semester, (December, 2017) and similarly marked as 'F' in the subject of Development of Indian Sociological Thought-II in the final semester examination conducted in the year 2019. The aforesaid would have no impact on the eligibility of the petitioner in view of the fact that he admittedly had been declared passed at the M.A. Sociology final examination with 132 credits as against the minimum required of 120 credits for passing the said course. Mr.Tanveer Ahamd submitted that therefore the impugned letter dated 16.8.2019 under the hand of the Chief Election Officer, RUSU Elections 2019 declaring the petitioner disqualified/ ineligible for contesting the election to the post of an office-bearer in the RUSU, 2019 is (Downloaded on 28/08/2019 at 10:42:37 PM) (6 of 10) [CW-14112/2019] absolutely perverse, misdirected and liable to be quashed and set aside.
Mr.A.K. Sharma learned Senior Counsel with Mr.Rachit Sharma appearing for the respondent- University submitted that Clause 20 (c) of the Constitution has to be wholistic construed. He submitted that albeit a student may be declared pass at the final examination in terms of specific scheme of the course under the credits system in this case M.A. Sociology, yet if he has a failure in any subject in the said course in the academic year previous to which he seeks to contest an election under the Constitution, 2017 he would stand disqualified to contest the election under Rule 20(c) of the Constitution, 2017. Mr.A.K. Sharma submitted that Clause 33 of the Constitution of the RUSU, 2017 provides that if any questions arises relating to the interpretation of the Constitution or any rules framed there under which creates any doubt or difficulty, it shall be referred to the Vice Chancellor whose decision thereon shall be final and binding, provided that such (Downloaded on 28/08/2019 at 10:42:37 PM) (7 of 10) [CW-14112/2019] decision is taken by him in consultation with a Committee consisting of at least three members of the Syndicate constituted by him for the relevant academic year. Mr.A.K. Sharma submitted that Vice Chancellor on the recommendation of the Interpretation Committee having taken a view under Clause 20(c) of the Constitution of the RUSU, 2017 that the petitioner is ineligible to contest the election on the post of an office-bearer in 2019 and the said view not being absurd but at least a possible view, no interference with the impugned letter dated 16.8.2019 is warranted.
Heard. Considered.
Clause 20(c) of the Constitution of the RUSU, 2017 is in two parts which are in the disjunctive. The first relates to the academic performance of a student semester wise or year wise as per the scheme of the examination of the course to which he is admitted. The second part relates to student passing or failing a course on the whole under the credits system.
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The first part of clause 20(c) would entail the
assessment of academic performance of a student semester wise or year wise as per the scheme of course in which he is admitted. Therein if a student has failed in a paper he would be disqualified to contest the election to the post of an office-bearer of the RUSU. The other part of clause 20(c) relates to the student having finally passed in a course with a credit system to which he was admitted to, on having obtained more than the minimum credits required for being declared pass. In such a situation, I am of the considered view that in such a situation when the student has the requisite credits to be declared pass in a course he was admitted to-- he cannot be held to be disqualified/ ineligible for contesting the election on the post of an office-bearer of the RUSU, in terms of Clause 20(c) of the Constitution of the RUSU, 2017.
I am not inclined to accept the submission of Mr.A.K. Sharma, that even if a student is declared pass in a course with a (Downloaded on 28/08/2019 at 10:42:37 PM) (9 of 10) [CW-14112/2019] credit system having secured minimum required credits for passing, yet he can be also held to fail in a subject in that course rendering him ineligible/ disqualified for contesting the elections in the following academic year, if he is otherwise eligible to contest for a post of an office-bearer of the RUSU. If the interpretation propagated by Mr.A.K. Sharma were to be accepted it would be a palpable absurdity where a student who has been declared finally pass at a course with a credit system based evaluation and not required to undergo any due papers for retaining that passing status, he is yet held liable to be disqualified/ ineligible for contesting the election to the post of an office-bearer of the RUSU in the following academic year. Such an interpretation would make clause 20(c) of the Constitution of RUSU, 2017 vulnerable to a challenge to its constitutionality, I am therefore of the considered view that the aforesaid Clause 20(c) has to be construed reasonably to save it from a challenge of being wholly arbitrary, and hence ultra vires the Constitution.
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Consequently, I would quash and set aside the
impugned letter dated 16.8.2019 and allow this petition.
It is however made clear that the overall issue of eligibility of the petitioner for contesting the election on the post of an office-bearer at the RUSU, 2019 would be open to scrutiny by the Returning Officer on all counts except in respect of Clause 20(c) of the Constitution.
The petition stands allowed accordingly.
(ALOK SHARMA), J Himanshu Soni/375/232 (Downloaded on 28/08/2019 at 10:42:37 PM) Powered by TCPDF (www.tcpdf.org)