JUDGMENT : DEVAN RAMACHANDRAN, J. 1. The “APJ Abdul Kalam Technological University” is a relatively new one and is attempting, for the first time, to conduct elections to its “University Union General Council” which, alas, has now been mired in controversy. 2. Sri. George Poonthottam-learned Senior Counsel, instructed by Sri. Navaneeth Krishnan-learned counsel for the petitioners, submitted that his clients are students of a Self Financing College and an Autonomous College respectively-both affiliated to the University and that they have been elected by the students of the said colleges-through the process of election notified by the University as “University Union Councillors.” He alleges that, however, even though his clients have been so elected, on account of certain restrictions placed in Chapter IV of the “First Statutes relating to the Constitution powers, duties and responsibilities of other Institutions of the University” (hereinafter referred to as the “First Statutes” for short), they will not automatically become the members of the “University Union General Council” because, when it comes to colleges, except the Government Colleges and Government Aided colleges, there is an additional stipulation of a further election from among the elected Councillors, who alone will then become members of the aforesaid “General Council.” 3. The learned Senior Counsel argued that the “First Statutes” thus treats all the colleges, other than Government and Government Aided ones, as a separate category and provides for an indirect election to the post of University Union Councillors from them; while as regards the former, it is a direct election-which is to say, all those candidates selected from such colleges would automatically become the members of the “University Union General Council.” He contented that this is discriminatory and wholly unconstitutional, because the classification as afore is without any 'intelligible differentia', and without any purpose to be finally achieved. 4. Sri. George Poonthottam, thereafter, submitted that, even though the notification, for the elections to the Unions of the various colleges under it, was made by the University on 21.12.2021 and the University Union Councillors elected through such process on 10.01.2022 being the date of the declaration of results-the further election from the members of the “University Union General Council” to its “Executive Council” has not been done yet. He pointed out that nearly eight months later, the University is now trying to embark upon the processes for election to the “University Union Executive Council” and argued that this is not merely now superfluous and unnecessary, but also illegal, because, by doing so, many students who were elected may have completed their course by June 2022. He concluded his submissions explaining that, the elections to the College Unions were notified by the University to be for the academic year 2021-2022 and hence that an attempt to now elect members to the “Executive Council” of the University Union is without any purpose and would be redundant, if not obsolete. 5. Sri. Elvin Peter P.J. learned Standing Counsel for the University, on the other hand, submitted that the “First Statutes” is the creation of a subordinate legislative exercise of the Government and therefore, that it cannot be assailed by the petitioners, unless it is demonstrated to be contrary to the Constitution of India or in violation of the provisions of the Parent Act. He submitted that there are three Autonomous Colleges; two Central Government Self-Financing Colleges; three Government aided Colleges; twenty four Government Self-Financing Colleges, along with nine Government Colleges; while there are hundred and four Colleges in the Self-Financing stream, affiliated to the University. He explained that, therefore, if all the colleges are allowed to select their Councillors through a direct election, the numbers would be rendered too large; and that the “University Union General Council” would loose its capacity to function effectively. He submitted that, therefore, the Government, in its wisdom, thought it better to confine the number of councillors that can be elected from the Self-Financing Colleges and the Autonomous Colleges, so that the eventual number will not be a mammoth one. 6. Sri. Elvin Peter further elucidated, referring to the statement filed by him dated 22/08/2022, that the number of the students of the various categories of the affiliated colleges would also justify the impugned provisions of the “First Statutes” pointing out that, though there are hundred and four private self-financing Colleges, it caters only to 58,826 students; while a mere nine Government Colleges accommodates 15,058 students. He then submitted that, similarly, in the case the twenty six Government self-financing Colleges (both State and Central) there are only 14,673 students; while three Government Aided Colleges takes in 7,131 students. He then submitted that, similarly, in the case the twenty six Government self-financing Colleges (both State and Central) there are only 14,673 students; while three Government Aided Colleges takes in 7,131 students. He then showed me that the affiliated Autonomous Colleges-which are three in number-have 6,601 students; and argued that therefore, the student-Councillor ratio was kept in mind by the Government while the “First Statutes” were formulated. 7. Pertinently, Sri. Elvin Peter added to his submissions conceding that the University is fully aware that the afore mentioned numbers is dynamic and subject to change and that, therefore, they are always open to necessary amendments being brought into the “First Statutes” as and when it is required. 8. After saying as afore, Sri. Elvin Peter explained that, even though the elections to the Unions of the affiliated Colleges were notified by the University for the academic year 2021-2022, the same could be conducted only in December, 2021 and January 2022, because the first semester students only joined then. He submitted that the “First Statues” provides that the term of the “University Union General Council” would be one year from the date on which it is constituted-which is to say until January 2023; and argued that, therefore, the petitioners cannot now stop the elections to the “University Union Executive Council” on this ground. 9. Sri. Elvin Peter concluded his submissions saying that the petitioners, in any event, cannot assail the elections to the “University Union Executive Council” at this time because the individual colleges have elected their prospective councillors in January, 2022; while the indirect elections-for nominating the members to the “University Union General Council” was also completed without demur, thus that the said Council has been constituted with effect from 30/07/2022. He argued that, therefore, when the “University Union Executive Council” is sought to be now created, it would not be for the petitioners to oppose it on the ground that their earlier elections were not proper-which is exacerbated for the singular reason that none of the other elected candidates have been arrayed on record. He thus prayed that this Writ Petition be dismissed. 10. Sri. K.B. Ramanand - learned Special Government Pleader, adopted most of the above submissions of Sri. He thus prayed that this Writ Petition be dismissed. 10. Sri. K.B. Ramanand - learned Special Government Pleader, adopted most of the above submissions of Sri. P.J. Elvin Peter, supplementing them, saying that the Government were constrained to have certain criteria in their mind while postulating the constitution of the “University Union General Council” because, if all the colleges were given the right to elect directly, the numbers would cross 145 as of now - being the present strength of colleges, both in the Government and Non-Government sector, affiliated to the University. He submitted that had such number of persons been allowed to be part of the “University Union General Council” its functioning would become practically impossible; and therefore, the Government thought it necessary to adopt an apposite perspective with respect to the Student - Councillor ratio, as also the College - Councillor ratio. He affirmed that, it is in such manner that nine Government Colleges and three Government Aided Colleges, with a total student strength of nearly twenty three thousand students, were given the benefit of direct elections to the “University Union General Council” while all other colleges - be that in the self- financing stream, or in the autonomous stream - have been allowed to elect councillors to the said Council only through indirect elections, from among the constituency of the councillors elected by the said colleges. He also thus prayed that this writ petition be dismissed. 11. An evaluation and assessment of the afore submissions of the rival parties would be possible only if this Court understands how the impugned Statue No. 5, of Chapter IV of the “First Statues” are framed. For ease of understanding and its reading, the same is reproduced under: 12. Before moving on, I must record that it is conceded by Sir. Elvin Peter P.J. that among the several categories of colleges aforementioned, the University has, as of now, only Private Self Financing Colleges; Government Self Financing Colleges; Government Aided Colleges; Government Colleges and Autonomous Colleges. 13. As is indubitable from the afore extracted provisions, direct elections for the purpose of selecting Councillors to the “University Union General Council” has been afforded only to the students of the Government Aided Colleges and Government Colleges. 13. As is indubitable from the afore extracted provisions, direct elections for the purpose of selecting Councillors to the “University Union General Council” has been afforded only to the students of the Government Aided Colleges and Government Colleges. As regards the other three categories of Colleges, Councillors are to be selected through a further election from among the constituency of Councillors elected by the students of the said Colleges, fixing certain specific numbers to be send to the “University Union General Council.” To illustrate, from among the hundred and four Private Self Financing Colleges presently affiliated to the University, only 15 Councillors can be sent to the “University Union General Council” who are to be selected from among the 104 Councillors elected by such Colleges. As far as Government Self Financing Colleges and Autonomous Colleges are concerned, the number of Councillors eligible to the “General Council” are 5 and 1 respectively, again through a method of indirect election. 14. It is this, which is opposed by the petitioners, who assert that the classification of the Colleges affiliated to the University as afore, namely, Government Aided and Government Colleges on one side and the others on the other, it is without any purpose or based on any intelligible differentia; thus being wholly illegal because it creates two categories of students - one of whom have the right to vote directly to sent their Councillors to the “University Union General Council” while the other being with the right only to do so indirectly, though they are all identically situated. 15. In fact, as I have already said above, it is the specific contention of Sri. George Poonthottam, learned Senior Counsel, that the classification afore has absolutely no purpose to any objective sought to be achieved; and that this has been done solely because the Government appears to have misunderstood the numbers of students of the various Colleges, to wrongly presume that the Government Aided Sector caters to the maximum among them. 16. I, therefore, have carefully examined the statistics placed on record by the University and it is perspicuous therefrom that there are 58,826 students in hundred and four Private Self Financing Colleges. This means, there are, on an average, 565 students in every college; and in contradistinction, in the nine Government Colleges, there are 15,058 students, thus being with an average of 1,673 students. This means, there are, on an average, 565 students in every college; and in contradistinction, in the nine Government Colleges, there are 15,058 students, thus being with an average of 1,673 students. On same parity of assessment, a Government Self Financing College has an average student strength of 564; while a Government Aided College has 2,377, with autonomous Colleges accommodating 2,200 students each. 17. In the afore perspective, the average number of students in a college can luculently be seen to be not the real criterion, which has guided Statue 5 of the “First Statues” because, had it been so, at least in the case of the Autonomous Colleges - which, admittedly, have the maximum average student strength - a direct election ought to have been recommended. 18. Moreover, merely because the Private Self Financing Colleges or the Government Self Financing Colleges have an average of only about 560-570 students per college as of now, it would not wholly justify the prescription of an indirect election for them because, even going by the conceded number of total students, they outnumber those in the Government and Government Aided Colleges by leaps and bounds; but the latter have been given direct election privileges; while it has been denied to even Autonomous Colleges. Indubitably, therefore, the reasoning which has been now impelled by the Government or by the University cannot find my full favour. 19. Before I proceed, it is imperative that I record, that the mere fact of the average students strength in the Private Self Financing Sector being lesser than that of the Government Aided or a Government College, as of now, cannot, on its own, justify the denial of direct election privileges to their students, because a University Union Councillor, admittedly, is expected to represent his/her college and to protect their interests, as and when it becomes necessary. Though the post “University Union Councillor” has not been defined anywhere, it is unequivocally conceded that it is expected to be a representation from each college, with the intent to ensure that their respective interests are also taken note of and protected, when the “University Union General Council” performs its functions under the “First Statutes.” 20. Of course, when I say as above, I am also cognizant of the assertion of Sri. Of course, when I say as above, I am also cognizant of the assertion of Sri. Elvin Peter P.J., that the afore un-expendable objective has not been lost sight of, because, even now, though through indirect elections, every college in the Self Financing Sector and the Autonomous Sector are also offered the same privileges as are granted to Government Aided or Government Colleges; and that their voices are also heard, albeit, through their representatives elected within the constituency among the proposed Councillors elected by them. 21. I am, however, afraid that I cannot fathom the rationale which guided the Government to bring out the “First Statutes” providing for indirect election to the “University Union General Council” solely to certain categories of colleges; while granting such privilege to the Government Aided and Government Colleges. 22. On a close watch, the real reason can only be that the total student strength in the Government and Government Aided Colleges is lesser than that of the other categories of colleges put together. 23. The afore becomes incontestable because, if the “First Statutes” took into account solely the density of students in each college, then the numbers of Councillors from each of them could have been fixed in direct proportion to it; which is to say that the Government Colleges and Government Aided Colleges, as of now, could perhaps have had a larger representation from them; while the others would have only one each or two. 24. Such germane aspects, certainly, have not been considered by any of the Authorities, but the “First Statutes” appear to have been created on the impression that the Private Self Financing Colleges cater to a lower number of students than the Government Colleges. However, the undisputed facts are to the contrary because, as I have said above, while the Self Financing Sector caters to a total of about 73,499 students, the Government Aided and the Government Colleges together only accommodates only 22,189 students, going by the present statistics - which certainly will be subjected to changes every year. 25. Hence, it is limpid that when 22,000 and odd students select their own candidates to the “University Union General Council” through direct elections, nearly 80,000 students - taking into account the Autonomous Colleges also - are able to do so only through indirect elections. 25. Hence, it is limpid that when 22,000 and odd students select their own candidates to the “University Union General Council” through direct elections, nearly 80,000 students - taking into account the Autonomous Colleges also - are able to do so only through indirect elections. Surely, there can be no valid reason behind this except the higher numbers of the non-government Colleges, which, as manifest from the arguments of both Sri. Elvin Peter P.J. and Sri. K.B. Ramanand, could lead to larger number of Councillors being elected from them, if direct elections are permitted, thus rendering the “General Council” allegedly unruly. 26. However, a democracy as populous as India, is used to representative houses of much higher numbers; and ironically, it is also so in the case of other Universities in Kerala. 27. That being said, there is a corollary issue which I deem necessary to address. As rightly argued by Sri. George Poonthottam, learned Senior Counsel, the “University Union General Council” is stated to have come into force on 30.07.2022 and that too, based on a notification for the academic year 2021-2022. No doubt, Statute 7 of Chapter IV of the “First Statutes” provide that the life of the Council is one year, which is to mean, that the “General Council” will remain in life until 30.07.2023. However, the elections to the respective Unions of the various Colleges will certainly have to be conducted at least by December, 2022 or January, 2023; and the Universities Union Councillors elected therefrom will thus become ready to be included in the “University Union General Council.” But, as matters now stand, there is a dichotomy on the life spans of the College Unions and the “University Union General Council” by more than 6 months; and unless this is reconciled and corrected at this time, it will become an issue to recur every year. 28. To paraphrase, ideally, the constitution of the “University Union General Council” must, more or less, coincide with the College Unions, because the elections are done simultaneously, though the further elections to the “University Union Executive Council” will take place later. 29. However, as matters now stand and as experience in real time is showing us, while all the Unions of the Colleges were elected and placed in office by January, 2022, the “University Union General Council” came into being only on 30.07.2022 and Government Colleges only on 30.07.2022. 29. However, as matters now stand and as experience in real time is showing us, while all the Unions of the Colleges were elected and placed in office by January, 2022, the “University Union General Council” came into being only on 30.07.2022 and Government Colleges only on 30.07.2022. This is certainly a matter that the University must consider and deliberate upon, lest it creates a recurring headache for them in future. 30. The above being so recorded, I certainly cannot persuade myself to intervene with the processes for election to the “University Union Executive Committee” because the petitioners had participated in the indirect election to the “University Union General Council” which has been constituted on 30.07.2022. But, even if the election to the “Executive Council” is now held, the University must consider whether the “University Union General Council” should continue until 30.07.2023, or whether it should coincide with the constitution of the College Unions in the year 2023. 31. In summation, I am left with doubt that Statute No. 5 of Chapter IV of the “First Statues” as it presently stands, is unconstitutional and contra legis, in as much as it denies valuable rights to the vast majority of students who are studying in the various affiliated Colleges of the University; while granting it to a much lower number of students, which does not concede to any intelligible differentia in fostering such a classification. 32. Since Sri. Elvin Peter P.J. affirms that the University is open to making changes in its “First Statutes” and that it has plenary powers to do so under its parent Act, I am sure that they must look into these aspects and modify Statute No. 5 of Chapter IV of the “First Statues” appositely, granting direct election rights to all categories of students and without confining it to a few among them. How and in what manner this has to be done is certainly left with the University to decide; and perhaps, a felicitous harmony could be achieved, if the average number of students of each college is taken and a University Union Councillor allowed for a benchmark number. Of course, this is only a suggestion for the guidance of the University, but not binding on them. 33. Of course, this is only a suggestion for the guidance of the University, but not binding on them. 33. As far as the elections to the “University Union Executive Council” is concerned, I am of the firm view that though the University must consider my observations as afore, they ought to be left liberty to continue with the said processes, since the “University Union General Council” has already come into being; however, specifically deciding whether the said “General Council” should be allowed to continue beyond January, 2023 or so, when Unions of the Colleges will take office for the academic year 2022-2023. 34. Of course, for this purpose, the University must first consider in what manner Statute No. 5 of Chapter IV of the “First Statutes” will have to be modified or amended, the decision on which, shall be taken before the next elections to the Union of Colleges are notified and the same then implemented during such processes. 35. This writ petition is thus ordered.