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2005 DIGILAW 1484 (RAJ)

Arvind Singh Rathore v. State

2005-05-18

MANAK MOHTA

body2005
Judgment 1. We have heard learned Counsel for the parties on the application filed by Shri Jai Narain Pooniya, JNV University, Jodhpur seeking review of our order dated 13.05.2005 refusing to make a reference on the issue pertaining to the Students Union election to the larger Bench. It is submitted that the newspaper reportings of the Judgment dated 13.05.2005 has given an impression, as if there is a conflict between the principal seat and Jaipur Bench of this Court as to territorial jurisdiction and as a result thereof , there are conflicting Judgment s i.e., 13.05.2005 delivered by the Division Bench at Jodhpur and the order dated 05.05.2005 at Jaipur Bench. 2. A joint review application has also been filed by the Rajasthan High Court Advocates Association, Jodhpur as well as Arvind Singh to refer the issue pertaining to the Students Union election in the universities and colleges of the State of Rajasthan to the larger Bench. In our view, the Advocates Association has no locus to maintain the application. The application shall be treated only on behalf of original writ-petitioner Arvind Singh. 3. Having heard learned Counsel for the parties and perused certain newspaper reportings, we are at pains to observe that the media by wrong reporting has created a confusion among the students and people at large. It is unfortunate that the comments have been obtained from the legal luminaries, without publishing correct text of the order dated 13.05.2005. 4. In fact, no legal issue has been decided by our order dated 13.05.2005. It is entirely based on factual aspect. A reading of the order dated 13.05.2005 will show that this Court has not decided any issue pertaining to the jurisdiction of the principal seat at Jodhur or Jaipur Bench of this Court or the issue pertaining to the Students Union election. At one point of time we also felt disturbed when the instances of violence during election of Students Union and indiscipline among students were reported. Thus, this Court having found that direction issued by this Court were not complied with, stayed the Students Union election by order dated 07th August, 2003. It will be convenient to extract the said order:- "2. Considering all the facts and circumstances of the case, we direct as follows:- .(i) Contempt proceedings be initiated against Shri M.L. Bhatt, Registrar, JNV University, Jodhpur, notice returnable on 18th August, 2003. It will be convenient to extract the said order:- "2. Considering all the facts and circumstances of the case, we direct as follows:- .(i) Contempt proceedings be initiated against Shri M.L. Bhatt, Registrar, JNV University, Jodhpur, notice returnable on 18th August, 2003. He shall remain present in the Court on the said date; .(ii) The JNV University is restrained from holding elections of the Students Union until this Court is satisfied that the directions given by this Court on 23rd July, 2002 and subsequent thereto are complied with and further directions are given....." 5. Thus, not only the Students Union elections were stayed but the contempt notice was issued to the Registrar, JNV University, Jodhpur. The directions were also given to the Education Secretary of the State and the Collector and the Superintendent of Police of the respective districts. Later on the applications were filed and the universities and colleges satisfied this Court that a good academic atmosphere has been restored in respective universities and college campus. On consideration of the material placed before this Court, the order staying the Students Union election was vacated. Thereafter, the elections were held. We recorded our satisfaction in the order dated 14.02.2005 as follows: "The monitoring by way of continuous mandamus soon yielded result. Elections in all the three universities and colleges in 17 districts in the State of Rajasthan were held peacefully, free from violence. This has also brought discipline in university and college campus." 6. We have confined our order dated 13.05.2005 to three universities and colleges in 17 districts neither because of limitation of territorial jurisdiction nor because of expression of any opinion on the issue of right of students to form union by way of democratic process of election, but because there is a judicial finding which have not been challenged by anybody to the effect that elections in all three universities and colleges in 17 Districts in the State of Rajasthan were held under the order of this Court peacefully, free from violence. Discipline has been brought in said three universities and colleges. Further, when we passed the order dated 23.07.2002, we were dealing only with three universities and colleges of 17 District. The Division Bench in students suo moto [ 2005 (5) RDD 1280 ] case did not intend to stay the orders of the Court in Saritas case. Discipline has been brought in said three universities and colleges. Further, when we passed the order dated 23.07.2002, we were dealing only with three universities and colleges of 17 District. The Division Bench in students suo moto [ 2005 (5) RDD 1280 ] case did not intend to stay the orders of the Court in Saritas case. The reports were submitted before us only by the three universities and 17 Colleges. It may also be stated that the matter in State vs. Sarita had arisen from a College of Ganganagar District affiliated with M.D.S. University, Ajmer. Though, in our order dated 13.05.2005 we have declined to refer the issue to larger bench, however, keeping in view that there is some misunderstanding with respect to students right to form students union, we consider it appropriate to review our order dated 13.05.2005. 7. Consequently, the order dated 13.05..2005 passed in D.B. Civil Writ Petition No. 2800/2005 Arvind Singh vs. State [ 2005 (5) RDD 1463 (Raj.) (DB)] is modified, and we refer the following question for consideration by larger bench: "Whether keeping in view the present educational scenario of violence and indiscipline among students in universities and colleges and in order to secure good academic atmosphere, the students union be continued to be constituted by democratic process of election or by selection on the basis of performance in examination?" 8. Before parting with, as a word of caution and advice, the media, while reporting the Courts News should desist from giving twisted, coloured and provocative news. The news Heading and are misleading and provocative. We make it clear that there is neither any dispute as to territorial jurisdiction of the seat of the High Court and the Bench at Jaipur. Therelaw and we are guided by that. There is no 9. Let the matter (D.B. Civil Writ Petition No. 2800/2005 Arvind Singh vs. State) be placed before Honble the Chief Justice for Constitution of the larger Bench for adjudication on the above issue.