Patna High Court - Orders
Amar Azad & Ors vs The Patna University Through Its ... on 12 December, 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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Amar Azad & Ors
... ... Petitioner/s
Versus
The Patna University Through Its Registrar & Ors
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ashish Giri, Advocate
Mr. Rajat Kumar Tiwary, Advocate
For the Respondent/s : Mr. S.N.P. Sinha
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL ORDER
14 12-12-20184th supplementary counter affidavit has been filed on behalf of the respondent Patna University stating therein that Patna University Students' Union Election 2018-19 has been held and results have already been announced on 06.12.2018.
The Court cannot lose sight of the fact that it was because of the Court's interference that the Patna University Students' Union Election has been held though belatedly despite specific direction of the Supreme Court in the case of University of Kerala (1) Vs. Council, Principals', Colleges, Kerala and Others, reported in (2006) 8 SCC 304, wherein the Supreme Court has accepted the Lyngdoh's Committee report in relation to holding of Students' Union Election with certain modifications.
Needless to say that the said directions issued by the Patna High Court CWJC No.2519 of 2018(14) dt.12-12-2018 2/3 Supreme Court are equally applicable to all educational institutions under various Universities of the Country. There is clear direction that Students' Union Election should be held between 6-8 weeks from the date of commencement of the academic session. In tune with the Supreme Court's directions, Patna University has also framed Statute for election of Students' Union, Article 13 of which requires holding of election preferably within 6-8 weeks from the commencement of the academic session.
I may refer to an order dated 19.06.2018, which notices the academic calendar of the University. There is direction to the Vice-Chancellor of the University to ensure that the dates fixed in the academic calendar for various activities must be strictly adhered to and in the event of any change required, Vice-Chancellor must seek leave of this Court. The said calendar, however, does not prescribe tentative date(s) for holding of Students' Union Election, which has acquired statutory character.
List this matter on 05.03.2019 under the same heading so as to enable Patna University to inform this Court the tentative dates/weeks when the Students' Union Election can be held every year in future in compliance with the Supreme Patna High Court CWJC No.2519 of 2018(14) dt.12-12-2018 3/3 Court's decision in case of University of Kerala (1) (supra) and its own Statute dealing with the same.
(Chakradhari Sharan Singh, J) Pawan/-
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