JUDGMENT Hon’ble Arun Tandon, J.—Heard Sri Dinesh Chandra Mishra learned counsel for the petitioner, Sri Vivek Verma on behalf of the University, learned Standing Counsel on behalf of the State respondent. 2. All these writ petitions have been filed by the Committee of Management of Degree Colleges which are affiliated to Jyotiba Phule Ruhelkhand University, Bareily. The grievance of all the institutions is that under the recommendations of Lygdon Committee as approved to be enforced by the Apex Court in the case of University of Kerala v. Council, Principals’, Colleges, Kerala and Others, three modes for holding of the elections of student union have been noticed as per clauses 6.21, 6.22, 6.23 and 6.24. of the report. 3. The Apex Court has directed that the recommendations made be accepted and adopted as an interim measure by all Colleges/University. The Petitioner submit that the State and the University are illegally insisting on elections of the students union in the colleges by secret ballot. 4. According to the petitioner, no Ordinances have been framed by the University in the matter of holding of students union election in affiliated degree colleges. The Government Order which is being relied upon by the University is in respect of the students union elections of the University only and not in respect of affiliated degree colleges. 5. He further submits that the Government Order cannot even otherwise issue an order for the purposes of directing the colleges to hold the students union election by secret ballot inasmuch as the State Government has the power to direct the University to make ordinances for the purpose. On its own it cannot issue a Government Order compelling the affiliated colleges to conduct the students union elections by secret ballot. Therefore, the orders impugned are illegal and liable to be set aside. 6. Sri Vivek Varma on behalf of respondent points out that the impugned letters have been written for compliance of the Government Order only. He, however, points out that no Ordinances have been framed by the University till date, in the matter of elections of students union in affiliated degree colleges. He submits that even if there are no Ordinances, the petitioner institutions cannot avoid compliance of the directions issued by the Apex Court in the case of University of Kerala (supra) and for the purpose reference is make to Article 141 of the Constitution of India. 7. He submits that even if there are no Ordinances, the petitioner institutions cannot avoid compliance of the directions issued by the Apex Court in the case of University of Kerala (supra) and for the purpose reference is make to Article 141 of the Constitution of India. 7. I have heard counsel for the parties and examined the record of the present petition. 8. I am of the considered opinion that in view of the fact that the University has yet not framed any Ordinances for regulating the student union elections in affiliated degree colleges there cannot be a direction for holding of the elections by secret ballot by the State Government to the colleges. Further the State Government has the competent to issue an order to the University under Section 37(2) to frame Ordinances but on its own it cannot issue a direction to the affiliated colleges to hold elections of the student union by secret ballot. 9. However, the issue remains, as to whether, the petitioners are under legal obligation to comply with the order of the Apex Court in the case of University of Kerala (supra) or not. In paragraph 7 of the said judgment the Apex Court has clarified that the recommendation of the Lygdon Committee as have been approved by the Apex Court be adopted as an interim measure and shall be followed in all colleges/Universities, for elections to be held herein after until further orders. Such direction of the Apex Court would be binding upon the petitioner also in view of the Article 141 of the Constitution of India. 10. Therefore, the petitioner institutions are obliged to carry out the recommendation of Lygdon Committee as accepted by the Apex Court and to constitute a student union. 11. The mode and manner of election of the office bearers of the students union can be any of three modes which have been provided for under clause 6.21, 6.22 and 6.23 of the report which read as follows : “6.2.1 A system of direct election of the office bearers of the student body, whereby all students of all constituent colleges, as well as all students of university departments vote directly for the office-bearers. This model may be followed in smaller universities with well-defined single campuses ( for e.g. JNU/University of Hyderabad), and with a relatively smaller student population. This model may be followed in smaller universities with well-defined single campuses ( for e.g. JNU/University of Hyderabad), and with a relatively smaller student population. A graphic representation of this model is annexed herewith at Annexure IV-A. In respect of universities with large, widespread campuses and large student bodies either of the following models may be adopted. 6.2.2. A system of elections, where colleges and campuses directly elect college and campus office-bearers, as well as university representatives. The university representatives form an electoral college, which shall elect the university student union office-bearers. A graphic representation of this model is annexed herewith at Annexure Iv-B. 6.2.3. A system of elections where on one hand, directly elected class representatives elect the office-bearers of the college as well as the university representatives, and the campus itself directly elects the campus office-bearers and the university representatives. The university representatives shall form an electoral college, which shall elect the office-bearer of the university student union. A graphic representation of this model is annexed herewith at Annexure IV-C.” It is for the college to decide as to which mode will be more suitable and in the interest of the institution. 12. The petitioner colleges are therefore directed to intimate the Vice-Chancellor of the University about the mode which they shall adopt in the matter of holding of the student union elections within four weeks from today alongwith the certified copy of this order. If this is done the Vice-Chancellor of the University shall not insist upon elections being held by secret ballot upon the petitioner colleges. 13. With the aforesaid direction, the writ petition is disposed of. ——————