Rajasthan High Court - Jodhpur
Mahendra Choudhary vs M.B.M University on 8 August, 2022
Author: Farjand Ali
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11362/2022
Mahendra Choudhary S/o Shri Satyapal Choudhary, Aged About
20 Years, R/o Puniyon Ki Basni, Baori, District Jodhpur,
Rajasthan.
----Petitioner
Versus
1. M.b.m University, Jodhpur Through Registrar, Rajasthan.
2. Registrar, M.b.m. University, Rajasthan.
3. State Of Rajasthan, Through Secretary Department Of
Higher Education, Jaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Mahendra Choudhary
For Respondent(s) :
HON'BLE MR. JUSTICE FARJAND ALI
Order 08/08/2022 Lawyers are not putting their appearances in the Court today to mourn the sad demise of former Chairman & present member of the Bar Council of Rajasthan, Shri Sanjay Sharma. Thus, the petitioner is present-in-person.
By way of filing this instant writ petition, the petitioner Mahendra Choudhary, who is pursuing Bachelors of Engineering (CBCS) Course in Building and Construction Technology in the M.B.M. University, erstwhile J.N.V. University, has sought indulgence of this Court for issuance of the following writs/ directions:-
"A. By an appropriate writ order or direction, the guidelines/circular dated 16.08.2017 and the circular (Downloaded on 08/08/2022 at 09:07:12 PM) (2 of 4) [CW-11362/2022] dated 24.07.2017 (Annex.04) may kindly be declared illegal and without jurisdiction and the same may also kindly be quashed and set aside.
B. Further, the petitioner being a student of Second Year/Third Year be declared qualified for contesting the elections of the students Union for the year 2022- 23, and the University may be restrained from cancelling candidature of the petitioner for contesting the election on the post of Office bearer of the Union body at Apex level on this ground.
C. By an appropriate writ order or direction, the Student Union Constitution of the MBM University Student Union (Annex.-07) may kindly be declared illegal and without having force of Law. D. By an appropriate writ order or direction, the edibility criteria laid down by the University in the Constitution of the MBM University Student Union (Annex.-07), Article 11 (ix), debarring the students of First/Second/Third year of Four Year Degree Course for the post of Office bearer of the Union body at Apex level, may kindly be declared illegal and be quashed and set aside.
E. By an appropriate writ order or direction, the Article 11 Clause (ix) permitting only the students of two years PG/ three-year PG Course or final year students of Four/Five year degree course to contest the election of for the Apex post of may kindly be declared illegal and be quashed and set aside. F. Any other appropriate order or relief which this Hon'ble Court may deem just and proper in the facts and circumstances of this case may also kindly be passed in favour of the humble petitioner. G. Cost of litigation may kindly be awarded to the humble petitioner."
Heard the petitioner present-in-person. (Downloaded on 08/08/2022 at 09:07:12 PM)
(3 of 4) [CW-11362/2022]
The petitioner apprehends that his eligibility to seek
nomination in the coming election would be hampered as the Students' Union's Constitution does not allow a student to contest who is not enrolled in the courses enlisted under Article 11 that prescribes the Eligibility Criteria.
While entertaining a petition raising an identical issue, a co- ordinate bench of this Court intervened into the matter and held that the recommendations of the J.M. Lyngdoh Committee would prevail over the clauses of the Constitution of the Students' Union of the JNV University vide order dated 05.09.2018 in SBCWP No.13415/2018 titled as Anil Bishnoi v. Jai Narain Vyas University, Jodhpur & Ors.
In the case of University of Kerala v. Council, Principals, Colleges, Kerala & Ors. reported in (2011) 14 SCC 363, Hon'ble the Supreme Court has held that the recommendations of the Lyngdoh Committee are salutary in nature and should be followed in various aspects including criminal record of candidates, attendance criteria and several other matters.
Looking to the submissions made by the petitioner, the facts and circumstances of the case as well as placing reliance on the order passed in University of Kerala (supra) and the interim order passed in the case of Anil Bishnoi (surpa), this Court is of the opinion that the matter requires consideration.
Issue notice of the writ petition as well of the stay application. Rule is made returnable within a period of four weeks.
In the meanwhile and until further orders, the nomination form of the petitioner shall not be rejected on the grounds that he (Downloaded on 08/08/2022 at 09:07:12 PM) (4 of 4) [CW-11362/2022] was not enrolled in the courses mentioned in the chart under sub- clause (ix) of Article 11 of the Constitution of the JNV University Students' Union, subject to the condition that he otherwise fulfills the eligibility criteria as provided in the Constitution of JNV University Students' Union.
(FARJAND ALI),J 308-amit/-
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