Patna High Court - Orders
Amar Azad & Ors vs The Patna University Through Its ... on 12 February, 2018
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2519 of 2018
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1. Amar Azad, S/o Kauhaiyalal Prasad, Resident of Village-
Dharampur, P.S.- Soranga, District- Nalanda (Bihar).
2. Sanjeet Kumar, S/o Bhagirath Paswan, R/o Ward No.- 7,
Motihari, East Champaran (Bihar).
3. Amit Sarogi, S/o Binod Kumar Sarogi, R/o House No. 152- B,
Road No.- 7, Rajendra Nagar, Patna.
4. Inzamamul Haque, S/o Shamshul Haque, R/o Baikunthwa, P.O.-
Narkatia, P.S.- Darpa, District- East Champaran (Bihar).
5. Faaim Anwar Siddique, S/o Md. Wahid, Resident of Village-
Hardyan, P.S.- Thawe, P.O.+ District- Gopalganj (Bihar).
6. Ejaz Shams, S/o Md. Sultan Ahmad, R/o At- Baikunthpur, Korha,
P.O.- Bainathpur, P.S.- Kohra, District- Katihar.
7. Ghulam Ghaus, S/o Md. Maquesood Alam, Resident of Village-
Panditpur, P.O.- Bishanpur Bazar, P.S.- Sidhwalia, District-
Gopalganj (Bihar).
8. Anshuman, S/o Pyare Nandan Singh, Resident of Village-
Bhulo, P.O.- Sabal Bigha, P.S.- Sikandra, District- Jamui.
... ... Petitioner/s
Versus
1. The Patna University through its Registrar, Patna, Bihar.
2. The Vice Chancellor, Patna University, Patna, Bihar.
3. The Students Welfare, Patna University, Patna through its Dean, Patna, Bihar.
4. The Dean, Student, Welfare, Patna University, Patna, Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ashish Giri, Advocate
For the Respondent/s : Mr. S.N.P. SINHA
Mr. Digvijay Singhy, Advocates
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL ORDER
3 12-02-2018The petitioners are students registered with Patna University (hereinafter referred to as the University). A grievance has been raised in the present writ application against the decision of the University to hold Patna University Patna High Court CWJC No.2519 of 2018(3) dt.12-02-2018 2/6 Students' Union Election, 2018, as per the schedule published under the orders of the Vice-Chancellor of the University, dated 31.01.2018. The election process has commenced on 02.02.2018 and is to come to an end with the declaration of result on 17.02.2018, according to the said schedule.
2. The petitioners have raised a grievance that the decision of the University to hold election in the month of February is contrary to the Supreme Court's directives issued in case of University of Kerala (1) Vs. Council, Principals', Colleges, Kerala and others reported in (2006) 8 SCC 304. By the said decision of the Supreme Court, report of Lyngdoh Committee in relation to holding of Students' Union Election have been accepted with slight modifications. The main thrust of petitioners' case is on paragraph 6.4.2 of Supreme Court's decision, which notices the recommendations of the Lyngdoh Committee to the effect that the elections should he held on a yearly basis and it should be held between 6 to 8 weeks from the date of commencement of the academic session. (emphasis supplied).
3. It is the case of the petitioners that in tune with the Supreme Court directives, the University has framed Statute for the election of, Students Union, Article 13 of which also Patna High Court CWJC No.2519 of 2018(3) dt.12-02-2018 3/6 requires that election to P.U. Students Union should be held for an academic session, preferably between 6 to 8 weeks, from the commencement of the Academic Session.
4. Mr. Ashish Giri, learned counsel appearing on behalf of the petitioners has drawn my attention alsoto Article 15(b) of the Statutes to submit that duration of the office of the Union has been prescribed as from 6 th of August of every year to 15 th of August of the following year. He has contended that there is no purpose for holding the election for Students Union in the month of February, when the duration of the office under the Statute is to begin from 6th of August and in any event, to come to an end on 15th of August of the following year.
5. He has also placed reliance on a decision of the Allahabad High Court in support of his plea that there might be slight variation in the schedule fixing the dates of election from what has been prescribed under the Statutes but in no case the election should be allowed to commence in February when the academic session admittedly began in July, 2017 itself.
6. He has next submitted that holding of election in February, 2018 is against public interest inasmuch as the University is holding Semester examination of various courses. The holding of examination in February will have two adverse Patna High Court CWJC No.2519 of 2018(3) dt.12-02-2018 4/6 consequences, according to him. Because of the electioneering, the classes would get disturbed and the examinees are finding it difficult to concentrate on their studies. It has yet another consequence according to him, i.e., the students who are appearing for the Semester examination cannot actively participate in the process of election.
7. A counter affidavit has been filed on behalf of the Patna University justifying the holding of election. It is their stand that the elections are being held in view of certain directives issued by the office of the Chancellor, Universities of Bihar. It has also been stated in the counter affidavit that the programme for L.L.B Semester-3 examination, which was scheduled to begin from 12.02.2018 has been rescheduled, which will now start from 22.02.2018. It has further been stated that the Patna University has already notified that all examination activities (CIA, Sent Up test etc) shall be 'prohibited' up to 20.02.2018.
8. The Court is shocked to know the approach of the University towards academic interest of the students of the University on the one hand and holding Students' Union election on the other. It has been rightly pointed out by the petitioners that the elections ought to have been held between 6 to 8 weeks of commencement of the academic session since in Patna High Court CWJC No.2519 of 2018(3) dt.12-02-2018 5/6 that circumstance holding of elections do not materially disrupt the academic activities in the University.
9. Least said the better about the decision of the University to cancel all the examination activities in the University and postpone all University examinations in order to facilitate the election of the students Union. Though I intended to interfere with the process of election but in view of the fact that the process began on 02.02.2018 and is coming to an end on 17.02.2018, I do not consider it to be apt and in public interest. Further, neither the Statute of the University nor the directive of the Supreme Court in case University of Kerala (1) (supra) based on the recommendations of the Lyngdoh Committee report prescribe any penal or adverse consequence for not holding the elections between 6 to 8 weeks of the commencement of academic session.
10. The matter, however, should not be allowed to end here. The Court would like to know from the Vice-Chancellor of the University as to what calendar has been prepared for the academic session, 2017-18 and whether the University has undertaken the exercise for preparation of the academic calendar for the coming academic session, 2018-19. The Vice- Chancellor will be required to take specific stand before this Patna High Court CWJC No.2519 of 2018(3) dt.12-02-2018 6/6 Court as to what will be the duration of the present Body going to be elected through the process of election under challenge.
11. List this case under the same heading tomorrow (13.02.2018).
(Chakradhari Sharan Singh, J) arun/-
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