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2003 DIGILAW 1182 (RAJ)

Narayan Singh Burdak v. State of Rajasthan

2003-08-25

S.K.KESHOTE

body2003
JUDGMENT 1. - Heard learned counsel for the petitioner and the respondent No. 3, the University of Rajasthan, Jaipur (for short, 'the respondent No. 3 University'). Other respondents are not present despite service. 2. The petitioner in the writ petition, inter alia, praying for direction to the respondents to allow him to contest the election for the Office of President, Students' Union, S.K. Government College, Sikar and not to reject his candidature/nomination form on the ground that he has not cleared the compulsory subject of elementary computer application. 3. It is not in dispute that as per Annexure-2 to the writ petition is "permission letter cum admission card" for the B.A. Part II Examination, 2003, the petitioner was required to appear in the subjects Sociology, Political Science and Public Administration. The petitioner was not called upon to appear in the compulsory subject of elementary computer application, how far it is justified on the part of the respondents to reject his candidature/nomination form to contest the election for the Office of President, Students' Union, S.K. Government College, Sikar. It is true that Annexure-3 to the writ petition is a Circular of the University of Rajasthan, Jaipur whereby the aforesaid subject has been made compulsory for the regular students of Arts, Science and Commerce. But this Circular has been issued much after the Examinations of BA Part II, 2003 were completed. 4. The learned counsel for respondent No. 3 University submitted that this Circular was sent in February, 2003 to the Colleges. Even if it is taken so the University was required to make necessary amendment in the "permission letter cum admission card" issued to the petitioner for the B.A. Part II Examination, 2003 and that has not been done. 5. Thus, I am satisfied that the petitioner's candidature/nomination form to contest the election for the Office of President, Students' Union, S.K. Government College, Sikar has been rejected on wrong premises. 6. The order of rejection of the candidature/nomination form of the petitioner has not been given to the petitioner on the ground that it is a confidential. Or one hand the State of Rajasthan and its Officers talk of transparency and on the other hand the Principal of the S.K. Government College, Sikar has denied to give the copy of this order on the ground that it Is confidential. How it could be a confidential matter. Or one hand the State of Rajasthan and its Officers talk of transparency and on the other hand the Principal of the S.K. Government College, Sikar has denied to give the copy of this order on the ground that it Is confidential. How it could be a confidential matter. It is not a matter of national security. It is a matter for rejecting of the nomination of the petitioner and the Principal was under legal obligation to furnish the copy thereof to him. The petitioner has produced for the perusal of this court the copy of the Rajasthan Patrika, a daily newspaper, dated 24th of August, 2003. The copy of this newspaper is taken on record as Court Document No. 1. The registry is directed to place it at its proper place. From this I find that the nomination of the petitioner has been rejected. 7. This position has not been disputed by the learned counsel for the University. Nobody is present on behalf of other respondent, as said earlier, despite service, and it stands uncontroverted from their side. 8. As a result of the aforesaid discussion this stay application succeeds and the same is allowed. The order of rejecting the candidature/nomination form of the petitioner to contest the election for the office of President, Students' Union, S.K, Government College, Sikar is stayed and the respondent the Principal, S.K. Government College, Sikar is directed to permit the petitioner to contest the said election.Stay Application Allowed. *******