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1989 DIGILAW 22 (RAJ)

Bharat Bhushan Pareek v. University of Raj

1989-01-11

I.S.ISRANI, M.B.SHARMA

body1989
JUDGMENT 1. - It is good that the students have awakened though after six years in respect of their rights to elect representatives of their union. It may be stated that the elections in the Rajasthan University Students Union have not taken place since the year 1982 for one reason or the other bit there cannot be any valid reason for not holding the elections for so long. Be that as it may, now it appears that an agreement has been arrived at in between the Dean, Student Welfare University of Rajasthan and the representatives of the students under which the elections are to be held in the month of August, 1989. Even as per the Constitution of the University Students Union the elections should be held by 31st August every year. In our opinion because the examinations are going to commence from Feb., 1989, it will not be in the interest of the students themselves if a direction is issued to the non-petitioners to hold the elections now. But as a large question has been agitated before us in respect of the rights of the students to elect their representatives for the Union, we will proceed to deal with the question. 2. The University of Rajasthan has been constituted under the University of Rajasthan Act. 1946 (for short the Act). Section 4 of the Act deals with the powers of the University and besides the other powers, its clause (15) vests powers in the University to do all such other acts whether incidental to the powers contained in clauses (1) to (14) or not, as may be requisite in order to further the objects of the University as an educational body, and to cultivate and promote the arts, science, and other branches of learning. Though, there is no specific provision for framing the Constitution of the Union, but in our opinion in the exercise of the powers conferred under section 4 of the Act. in exercise of the executive powers. the Constitution of the Raj. University Students' Union, Jaipur. was first of all framed on April 8, 1979 (for short the Constitution). The Vice Chancellor by virtue of section 4 of the Constitution is the Patron of the Rajasthan University students' Union and Chief Patron in respect of College/Departmental Associations. The Patron has to exercise a general supervision in respect of the respective bodies under his jurisdiction. was first of all framed on April 8, 1979 (for short the Constitution). The Vice Chancellor by virtue of section 4 of the Constitution is the Patron of the Rajasthan University students' Union and Chief Patron in respect of College/Departmental Associations. The Patron has to exercise a general supervision in respect of the respective bodies under his jurisdiction. As per Section 8 of the Constitution, election for the University Students' Union and Institutional Associations shall be held simultaneously and completed as soon as possible and ordinarily before 15th August every year. The last date of nominations for various posts however shall be after the last date of admissions to the students.Direct elections to the various offices of the Union/Associations shall be held only once during the beginning of the academic session. There is no dispute that the said Constitution was framed by the Rajasthan University Student's Union and it was approved by the Syndicate. It may also be stated that the Syndicate under its meeting held on 27-28 Feb., 1973. vide Resolution No. 65, considered a letter dated 30-1-73 from Dr. I.A. Niaxi, Dean Student's Welfare, University of Rajasthan, Jaipur, where under the decisions taken at the meeting of the Rajasthan University Student's Union held on 24th January, 1973, presided over by one Bharat Singh Panwar, the then President of the Union for amending the Constitution was approved and it was resolved that amendments will be made to the Constitution of the Rajasthan University Student's Union as given vide Appendix XIII. Article 19 (1) (c) of the Constitution of India confers a right on all citizens to form associations or unions. 3. A look at Section 18 of the Act will show that it relates to the composition and term of office of the Senate and it has to consist of Ex-Officio Members. Under Clause (xii-A) the President of the Central Union (Students) of the University is also to be an Ex-Officio-Member. The said clause (xiii-A) was added by the University of Rajasthan (Amendment) Ordinance (No. 6) of 1974. Thus the very fact that the President of the Central Union (Students) of the University has to be an Ex-Officio-Member of the Senate, goes to show that there is statutory recognition, not only of the President but also of the Student's Union of the University. Thus the very fact that the President of the Central Union (Students) of the University has to be an Ex-Officio-Member of the Senate, goes to show that there is statutory recognition, not only of the President but also of the Student's Union of the University. Section 8 of the Constitution was also amended vide resolution No. 65 dated 27-28 Feb, 1973, and under the amended Section 8(8) election for the University Student's Union and Institutional Associations shall be held simultaneously and completed as soon as possible and ordinarily before 15th August every year. The last date of nominations for various posts however, shall be after the last date of admissions to the students. The President and other office bearers of the Union are to be elected for a year till the end of the academic session as the Assembly's term of office shall be under Section 8(v) of the Constitution from its election to the end of the academic session. The President so elected, therefore, he has to continue as an ex officio-member of the Senate during the period as aforesaid. Thus the elections must be held every year and there appears to be no valid reason/reasons for not holding the elections since the year 1982. In the case of Anand Vardhan Chandel v. University of Delhi and another, AIR 1978 Del. 308 , all aspects of the controversy in the hand were dealt with. 4. Thus though as stated earlier we were in the month of January and the examinations are to commence from the month of February, the students, therefore, are expected to devote more time in their studies, and if the elections are ordered to be held now their studies are likely to suffer. Therefore, though, we will not order for immediately holding of any elections but our interpretation of the various provision, of the Constitution as well as of the Act is that the elections must be held in accordance with the Constitution within three weeks after the date of admissions. This should be a regular feature unless for some reasonable grounds the elections cannot be held immediately as aforesaid, then they must be held within a reasonable time thereafter. 5. Consequently, we allow the writ petition in part only as aforesaid and direct the non-petitioners to hold the elections in accordance with the Constitution every year for the various offices of the Rajasthan-University Student's Union. 5. Consequently, we allow the writ petition in part only as aforesaid and direct the non-petitioners to hold the elections in accordance with the Constitution every year for the various offices of the Rajasthan-University Student's Union. So far as year 1989 is concerned as per agreement, the elections shall be held by 31st August, 1989.Cost made easy.Petitions allowed. *******