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The Kerala High Court, by the impugned order, has allowed the writ petition and quashed those letters/circulars directing following the presidential system of election in the students' union election and left it free to the colleges to follow the system of their choice. The directions in the concluding part of the impugned judgment is as follows:

"In such circumstances the direction given in the letters to conduct election following the presidential system of election cannot be sustained and the affiliated colleges are free to follow a system which is better for the administration and discipline in the colleges. The writ petitions are allowed accordingly. The direction to conduct election following the presidential system of election will stand set aside."

The High Court held that the impugned circulars/letters had no statutory basis, and hence were invalid.

Against the aforesaid judgment, the University of Kerala has filed this appeal by grant of special leave.

It appears that when this matter came up before this Court, the Court was concerned about the manner in which students' union activities were carried on, including the manner of election to the students' union, throughout the country. The Court was concerned about the politicization/criminalization in such activities. Hence, this Court by order dated 12th December, 2005 directed appointment of a Committee and accordingly a Committee was constituted by the Ministry of Human Resources and Development, Union of India. The members of the Committee were: