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2022 DIGILAW 334 (TS)

Koturi Manavatha Roy, S/o Kanthaiah v. Vice-Chancellor, Osmania University O. U. Campus, Tarnaka, Hyderabad

2022-05-04

B.VIJAYSEN REDDY

body2022
ORDER : This writ petition is filed questioning the order dated 30.04.2022 passed by the 2nd respondent - Osmania University represented by its Registrar, whereunder the request of the petitioners for conducting meeting and face-to-face interactive session of students with Mr. Rahul Gandhi, Member of Parliament, was declined. 2. The reasons cited in the impugned order refusing permission to the petitioners are as under: "1. The Executive Council of the University, the highest body of the university, has taken a resolution at its 159th meeting held on 22nd June, 2021 not to permit any political, religious organizations or any other groups of the society to organize any sort of gatherings on the campus. 2. The university has announced the election schedule for Non Gazetted officer/OU Technical Staff Association and OU Employees Union on 23rd April, 2022 and the elections are scheduled to be held on 7th May, 2022 from 10 AM to 5 PM. 63 candidates are contesting under three different associations and about 1100 employees will cast their vote on 7th May, 2022. Therefore, all the colleges and offices in the OU campus including Constituent Colleges shall be engaged for election purpose. 3. The MBA examinations have already commenced from today i.e., 30th April, 2022. All the Management students are busy with their examinations on the campus. Students of other courses are also busy on the campus with forthcoming PG examinations commencing from 09.05.2022. On the whole, the University campus is busy with academic and examination schedule. 4. The State Government of Telangana have issued various recruitment notifications after a long gap. The university has established a Civil Services Academy in which huge number of students are attending coaching classes for these recruitment examinations. Thousands of students are also preparing for various competitive examinations. Apart from the above, other student organizations of the university also represented to the university opposing the meeting due to which there is a chance of Law & Order problem on the campus.” 3. Mr. Karunakar Reddy, learned counsel for the petitioners, submitted that the impugned order is passed for extraneous considerations, Face-to-face interaction of Mr. Rahul Gandhi with students of Osmania University is arranged at Tagore Auditorium. It is not a political meeting. Mr. Rahul Gandhi will be interacting with unemployed youth and it will be a closed door meeting. The interaction is only for nation building and it is not a political event. Rahul Gandhi with students of Osmania University is arranged at Tagore Auditorium. It is not a political meeting. Mr. Rahul Gandhi will be interacting with unemployed youth and it will be a closed door meeting. The interaction is only for nation building and it is not a political event. The same was clarified in the application of the petitioners dated 22.04.2022. As per resolution of 159th meeting of the Executive Council of the University held on 22.06.2021, there is no complete ban of meetings and gatherings in the University campus. The learned counsel has drawn attention of this Court to resolution No.6 of the meeting, which reads as under: "If any student organizations/groups relating to the university want to have any academic deliberations, debates and discussion; such student organizations may be allowed in the seminar halls after the class hours (i.e. 2.00 pm onwards) with prior permission from the concerned authorities in writing.” 4. Learned counsel further submitted that the respondents are indulging in selective discrimination by giving a political colour to the proposed meeting of Mr. Rahul Gandhi. In fact, the respondents have permitted Bharatiya Janatha party to conduct mock assembly in the premises of University. Birthday of the Chief Minister of Telangana State was recently celebrated in the campus. Birthday celebrations of George Reddy (former students, leader of Osmania University) were performed by Left Wing Students Union of Osmania University. There will not be any disturbance to law and order to the proposed meeting/interactive session of Mr. Rahul Gandhi, as being projected by the respondents. 5. On the other hand, Mr. R. Sheetal Kumar appearing on behalf of Mr. Ch. Jagannatha Rao, learned Standing Counsel for Osmania University, submitted that the 1st petitioner is a Spokesperson of Indian National Congress and a member of the National Students Union of India (NSUI). The writ petition is not maintainable as resolution of 159th meeting of the Executive Council of the University is not challenged. There is a hidden agenda in conducting the so-called face-to-face interactive session with Mr. Rahul Gandhi, The details of unemployed youth are not given. No details of number of youth who would participate are given. If permission is granted, there is every scope for mass gathering and eventually it may lead to break down of law and order. There is a hidden agenda in conducting the so-called face-to-face interactive session with Mr. Rahul Gandhi, The details of unemployed youth are not given. No details of number of youth who would participate are given. If permission is granted, there is every scope for mass gathering and eventually it may lead to break down of law and order. The elections which are being held in the campus on 07.05.2022 are internal elections and no outsiders are permitted Prior notification was issued on 23.04.2022 announcing elections to be held on 07.05.2022. There are no merits in the writ petition and the same is liable to be dismissed. 6. In reply to the arguments of the learned Standing Counsel on behalf of Osmania University, learned counsel for the petitioners submitted that Tagore Auditorium is at a distance of 2 kms from examination centre. No disturbance of any kind will be caused if the proposed interactive session is conducted in Osmania University campus. The 1st petitioner is a NSUI member and the same was disclosed in the writ affidavit. At the same time, the 1st petitioner is PHD scholar of Osmania University. His identity card is filed in the writ documents. The 2nd petitioner is also PHD scholar, petitioner Nos.3 and 4 are LLM and LL.B students, respectively. There is no dispute that they are students and pursuing their respective courses in Osmania University. 7. Heard learned counsel for the petitioners and learned Standing Counsel for respondent No.2 Osmania University. 8. In the application dated 22-04-2022 seeking permission for conducting face-to-face interaction of Mr. Rahul Gandhi with the students, there are no details of students or unemployed youth furnished by the petitioners. It cannot be said that the proposed meeting/interactive session of Mr. Rahul Gandhi has nothing to do with any political activity. In any event of the matter, the purpose of meeting cannot be said to be anything related to academic deliberations, debates or discussion. The grievance or problems of students or unemployed youth do not come within the ambit of academic deliberations or discussion. No doubt every meeting organized with Member of Parliament cannot be understood or branded to be a political meeting or gathering. However, in the instant case, the purpose for which the meeting is proposed to be conducted, which according to the petitioners is to have face-to-face interaction of students with Mr. No doubt every meeting organized with Member of Parliament cannot be understood or branded to be a political meeting or gathering. However, in the instant case, the purpose for which the meeting is proposed to be conducted, which according to the petitioners is to have face-to-face interaction of students with Mr. Rahul Gandhi cannot be said to be without political overtones, in the absence of material to substantiate that the meeting is for some academic related activities. 9. In the opinion of this Court, University Campus cannot be used as political platforms. Though the petitioners have stated that earlier certain political events were conducted, such as mock assembly by Bharatiya Janata Party, Chief Minister's birthday celebrations and birthday celebrations of George Reddy, the same cannot be a ground to permit political events in violation of resolution No.6 of 159th meeting of Executive. Council of the University, Article 14 of the Indian Constitution guarantees positive equality and not negative equality. Merely because the respondents are stated to have permitted other activities, this Court cannot permit the proposed meeting in violation of its executive council resolution. Further submissions made by learned counsel for the petitioners that as Tagore Auditorium is at a distance of 2 kms from examination centre, there would not be any disturbance to the ongoing elections scheduled on 07.05.2022 is without any merit. The Registrar of the University, who is responsible for administration of affairs of University is the best person to decide what activities are proper or not, to be held within the University campus. It is not for this Court to interfere with the decision of the 2nd respondent unless the same is tainted with mala fides occasions or contrary to the provisions of law. Universities have to be exclusively designated as centres for education, imparting knowledge, training etc. Outsiders should not be permitted to enter the University. Any lapse on the part of University like permitting birthday celebrations of politicians, former students leader would give impression of bias and selective discrimination. Respondent No.2 is cautioned not to allow any such activities in future, except for exclusive academic related activities. Outsiders should not be permitted to enter the University. Any lapse on the part of University like permitting birthday celebrations of politicians, former students leader would give impression of bias and selective discrimination. Respondent No.2 is cautioned not to allow any such activities in future, except for exclusive academic related activities. Further, University shall also explore the possibilities of framing detailed and clear guidelines for banning any meetings, political activities/events in the campus in future, which in the considered opinion of the Court are very much necessary for safeguarding and promoting the interests of the student community at large. Universities shall also ensure that students maintain distance from politics during the time when they pursue their education as they need to concentrate on career building. This Court hopes that similar guidelines/regulations are framed by other Universities to ensure that political events are not conducted in University Campus hereinafter. 10. In view of the above observations, this Court finds no merits in this writ petition and the writ petition is accordingly dismissed. No order as to costs. The miscellaneous petitions pending, if any, shall stand.