Gujarat High Court
Patel Maulik Rajeshbhai vs Gujarat University & on 10 March, 2017
Author: Bela M. Trivedi
Bench: Bela M. Trivedi
C/SCA/5086/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 5086 of 2017
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PATEL MAULIK RAJESHBHAI....Petitioner(s)
Versus
GUJARAT UNIVERSITY & 1....Respondent(s)
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Appearance:
MR SUDHANSHU JHA, ADVOCATE with MR. NISARG D SHAH,
ADVOCATE for the Petitioner(s) No. 1
MR UTKARSH SHARMA, AGP for the Respondent(s) No. 2
SENIOR ADVOCATE MR. S.N. SHELAT with MRS VD NANAVATI,
ADVOCATE for the Respondent(s) No. 1
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CORAM: HONOURABLE MS.JUSTICE BELA M. TRIVEDI
Date : 10/03/2017
ORAL ORDER
1. The petitioner by way of present petition sought direction against Respondent No.1 to continue with the scheduled election process and to quash and set aside the circular dated 06.03.2017, postponing the election of the ten representatives of students on the court for the year 201617.
2. The petitioner, who is pursuing B.sc. in M.G. Science College of the Respondent No.1 University has sought to challenge the said circular dated 06.03.2017 alleging, inter alia, that the election for the said constituency was already declared by issuing the advertisement on 22.02.2017 (AnnexureB), according to which last date for accepting the nomination form was 09.03.2017 and the date of election was fixed on 26.03.2017. However, the incharge Vice Page 1 of 5 HC-NIC Page 1 of 5 Created On Mon Aug 14 07:09:57 IST 2017 C/SCA/5086/2017 ORDER Chancellor without any authority had issued the impugned circular postponing the election without any justifiable reasons.
3. The main contention raised by learned Advocate Mr.Sudhanshu Jha with learned Advocate Mr.Nisarg D. Shah for the petitioner is that the election having been declared by the Respondent No.1 for the said constituency could not have been stayed by the incharge Vice Chancellor on the vague grounds that there were serious issues raised by the students with regard to the reservation policy. According to him, earlier also election for the said constituency was declared and postponed by the Vice Chancellor without any justifiable reasons, and now when the academic year is going to end on 10.04.2017, again the election is being stayed without any justification. He placed reliance on the various provisions contained in the Gujarat University Act and the Statues to submit that Vice Chancellor had the authority to fix the date of election but had no authority to stay election once declared.
4. However, learned Senior Counsel Mr.S.N.Shelat appearing for the Respondent No.1University placing reliance on the affidavit in reply filed by it, submitted that it was within the power of the Vice Chancellor to fix or postpone the election considering the circumstances prevailing Page 2 of 5 HC-NIC Page 2 of 5 Created On Mon Aug 14 07:09:57 IST 2017 C/SCA/5086/2017 ORDER in the university. Placing reliance on the decision of the Allahabad High Court in the case of Ravi Kiran Jain Vs. Bar Council of U.P. Thrg. Secretary reported in AIR 1974 Allahabad 211 and pressing into service Section 21 of the General Clauses Act (10 of 1897), he submitted that power to issue notification or orders would also include the power to alter/ modify the very notification and/or orders. He also relied upon several representations received by the Vice Chancellor with regard to the grievances raised by the students to provide reservation policy for SCST students, and submitted that the Vice Chancellor apprehending agitation in the university with regard to the said issues, had thought it appropriate to postpone the election.
5. In the instant case, it appears that the Respondent No.1 had issued the tentative programme of the election for the constituency of 10 representatives of the students on the Court for the year 201617(AnnexureC). However, the same was stayed by the incharge Vice Chancellor vide the circular dated 06.03.2017 (AnnexureA) on the ground that there were many complaints/serious issues raised on the implementation of the reservation policy and therefore, it was in the larger interest of the students to stay election. So far as the powers of Vice Chancellor are concerned, as rightly submitted by learned Senior Counsel Mr.Shelat, Page 3 of 5 HC-NIC Page 3 of 5 Created On Mon Aug 14 07:09:57 IST 2017 C/SCA/5086/2017 ORDER Statute 14(C) of the Statutes contained Part II of the Handbook of the Gujarat University, provides for the manner and procedure for the election of the students' representatives on the Court, and also empowers the Vice Chancellor to fix the date of election of students' representatives. Statute 14C (3) provides that notwithstanding anything contained elsewhere it shall be competent for the Vice Chancellor to make such suitable modifications in the time schedule for the various processes in the election as he deems necessary in the circumstances so require. In view of the said provision contained in the said statute, the Court does not find any substance in the submission of learned Advocate Mr.Jha for the petitioner that the Vice Chancellor did not have the power to stay or postpone the election in question.
6. It also transpires from the affidavit in reply filed by the Respondent no.1 that the Vice Chancellor had received the representations from various groups agitating about nonimplementation of the reservation policy in the matter of election. The Vice Chancellor therefore apprehended that the campus was not conducive to hold the election as scheduled and that peace and tranquility at the campus would not be maintained because of commotion by the students. As stated in the affidavit, in those circumstances Vice Page 4 of 5 HC-NIC Page 4 of 5 Created On Mon Aug 14 07:09:57 IST 2017 C/SCA/5086/2017 ORDER Chancellor had taken bonafide decision to postpone the election. Under the circumstances, it could not be said that action of the respondent in postponing the election was arbitrary or without any reason. It is true that earlier also the election for the said constituency was postponed and for the whole year there was no representative from the students in the University Court. However, considering the apprehension expressed by the Vice Chancellor that the atmosphere of the campus was not suitable to hold election, the Court is not inclined to interfere with the said decision of the Vice Chancellor.
7. Even otherwise, no fruitful purpose would be served in holding the said election as the academic year 201617 would come to an end on 10.04.2017. However, it is expected that Respondent University shall hold the election of the said constituency for the next year at the earliest after the new academic year commences so that there would be effective participation of the students in the University Court.
8. Subject to the said observation, the petition is dismissed. Notice is discharged.
(BELA M. TRIVEDI, J.) Tuvar Page 5 of 5 HC-NIC Page 5 of 5 Created On Mon Aug 14 07:09:57 IST 2017