UNIVERSITY OF KERALA v. COUNCIL, PRINCIPALS, COLLEGES, KERALA
2005-12-12
ARIJIT PASAYAT, S.H.KAPADIA
body2005
DigiLaw.ai
ORDER 1. Heard Mr Gopal Subramanium, learned Additional Solicitor General, learned counsel for the Association of Indian Universities and other parties in the proceedings. 2. Certain suggestions have been given as to the modes governing elections to the students' unions. Mr Gopal Subramanium, learned ASG suggested that the three areas which need focussed attention are: (a) Criminalisation in students' union elections. (b) Financial transparency and limits of expenditure. (c) Criteria for being eligible to contest elections. 3. Certain suggestions have also been made by the counsel, the Principals of Colleges i.e. Respondent 1. The suggestions prima facie appear to focus on the aforesaid areas. Therefore, we direct constitution of a committee by the Ministry of Human Resources and Development, Union of India. The members of the Committee shall be: 1. Mr J.M. Lyngdoh, Retd. Chief Election Commissioner 2. Dr. Zoya Hasan 3. Professor Pratap Bhanu Mehta 4. Dr. Daya Nand Dongaonkar (Secretary General of the Association of Indian Universities) 4. Two other members shall be nominated by the Ministry of Human Resources and Development. It shall be ensured that while nominating the members, one of them should be preferably a chartered accountant as financial angles are to be examined. Dr. Daya Nand Dongaonkar shall be the convenor of the Committee. The Committee shall recommend its views on the relevant aspects including those highlighted by the learned Additional Solicitor General and the suggestions made by Respondent 1. In addition, they shall also make recommendations on aspects which are required to be observed to maintain academic atmosphere in the educational institutions and stress should also be to see as to how indiscipline and divisions on the basis of political beliefs and such other avoidable considerations (sic are avoided). The Committee shall express its views as to the eligibility of candidates e.g. maximum age-limit, standard of educational performance, maximum ceilings of expenses for the election, indication of the sources for expenditure. It shall also examine as to whether it would be desirable to require the candidates to submit details of expenditure, furnishing of returns by the Union in respect of its transactions and scrutiny of the returns. They shall also suggest a forum for ventilating grievance in case a dispute arises as regards the fairness, eligibility of the candidate and/or the non-observance of norms while holding the elections. 5.
They shall also suggest a forum for ventilating grievance in case a dispute arises as regards the fairness, eligibility of the candidate and/or the non-observance of norms while holding the elections. 5. The Ministry of Human Resources and Development is requested to constitute and notify the Committee within a period of three weeks. We request the Committee to submit its report to this Court within a period of four months from the date of notification of the constitution of the Committee. The Committee shall issue notices to such parties as it deems proper and invite suggestions from those interested in the subject-matter and consider them. The Committee shall give its suggestions in respect of the elections to universities, colleges and the affiliated colleges. Wide publicity of the constitution of the Committee and the invitation of suggestions to be given to the Committee shall be made by the Ministry of Human Resources and Development. A copy of the order be handed over to the learned Additional Solicitor General for necessary follow-up action. 6. It needs no emphasis that while making the recommendations, the Committee shall also focus on the need to ensure that undesirable elements do not enter into the unions which would be undesirable for having academic atmosphere in the institutions. The matters shall be listed after submission of report by the Committee. Court Masters