Dean, Students Welfare, ... vs Narendra Yadav S/O. Shri Kanaram ...
2022 Latest Caselaw 5672 Raj/2

     HIGH COURT OF JUDICATURE FOR RAJASTHAN
                 BENCH AT JAIPUR

       1. D.B. Special Appeal Writ No. 1005/2022
                                      In
             S.B. Civil Writ Petition No.12114/2022
1.   Dean, Students Welfare, University Of Rajasthan, Jaipur
     (Raj.).
2.   Admission Convener, URATPG, University Of Rajasthan,
     Jaipur.
                                                                  ----Appellants
                                  Versus
1.   Narendra Yadav S/o. Shri Kanaram Yadav, Aged About 25
     Years, Resident Of Ladi Mai Ki Dhani, Nimana, Chomu,
     District Jaipur (Raj.)


2.   State Of Rajasthan, Through Principal Secretary, Higher
     Education      Department,            Government             Of    Rajasthan,
     Government Secretariat, Jaipur (Raj.)


3.   Joint     Secretary,     Department             Of        Higher   Education,
     Government Secretariat, Jaipur.
                                                                ----Respondents

2. D.B. Special Appeal Writ No. 1006/2022 In S. B. Civil Writ Petition No.12118/2022

1. University Of Rajasthan, Through Its Registrar, JLN Marg, Jaipur (Raj.)

2. The Dean Student's Welfare University Of Rajasthan, University Campus, JLN Marg, Jaipur.

3. The Chief Election Officer, Rajasthan University Student Union Election-2022, University Of Rajasthan, JLN, Jaipur.

----Appellants Versus

1. Rajendra Kumar Gora S/o. Shri Shivpal Singh, Aged About 26 Years, Resident Of Village Chandpura, Sikar-302021

(2 of 6) [SAW-1005/2022]

(Raj.)

2. State Of Rajasthan, Through Principal Secretary, Higher Education Department Group-IV, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.)

----Respondents

3. D.B. Special Appeal Writ No. 1007/2022 In S.B. Civil Writ Petition No.12113/2022 University Of Rajasthan, Through Its Registrar, University Of Rajasthan, JLN Marg, Jaipur (Raj.)

----Appellant Versus

1. Arvind Jajra S/o. Shree Umeda Ram, Aged About 26 Years, Resident Of Sinod District Nagaur, Rajasthan.

2. State Of Rajasthan, Through Principal Secretary, Department Of Higher Education, Government Of Rajasthan, Jaipur (Raj.)

----Respondents

For Appellant(s) : Mr. A.K. Sharma, Senior Advocate with Mr. Rachit Sharma Advocate.

For Respondent(s) : Mr. R.N. Mathur, Senior Advocate with Mr. Amit Singh Shekhawat Advocate.

Mr. Tanveer Ahamad Advocate.

Mr. B.N. Sandhu Advocate.

HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Judgment / Order 22/08/2022

Heard.

Learned Senior counsel appearing for the University of

Rajasthan in all these appeals has made common submission that by

interim order, learned Single Judge has allowed those respondents-

writ-petitioners to submit their nomination forms provisionally, who

(3 of 6) [SAW-1005/2022]

are not covered by definition of student as contained in Clause 5 (a)

of the Constitution of The Rajasthan University Students' Union,

2017. He would submit that in the case of Narendra Yadav and

Rajendra Kumar Gora, they cease to be student because they have

written their examinations and results are awaited. As far as

respondent/writ-petitioner-Arvind Jajra is concerned, it is argued

that he is not even pursuing any course in the University at present,

but he has only appeared in the entrance examination for admission

in LLM course, therefore, he cannot be treated to be a student so as

to be qualified to contest elections.

Learned Senior counsel would next submit that in the absence

of there being any challenge to the provisions contained in Clause-5,

6 & 7 of RUSU Elections Guidelines and Rules, 2017 framed under

Clause-32 of the Constitution of The Rajasthan University Students'

Union 2017, which provides for sealing of membership of RUSU

existing on the day of notification for the RUSU Elections, even if the

respondents/writ-petitioners are allowed admission in the

eventuality of them emerging successful upon declaration of result

of entrance examination, they could not be allowed to contest. He

would next submit that respondents/writ-petitioners Rajendra Kumar

Gora and Narendra Yadav have written their examinations in the last

year of their academic course and in any of the eventualities arising

upon declaration of result whether they pass or fail or get

supplementary, by virtue of provisions contained in Clause-20 of the

Constitution of The Rajasthan University Students' Union, 2017, they

would stand disqualified under all circumstances.

It is next submitted that the resolution of the Syndicate

promulgated vide order dated 13.08.2022 of the University deals

with certain contingencies in respect of students, who belong to

(4 of 6) [SAW-1005/2022]

different classes with whom the respondents/writ-petitioners again

claim parity because the respondent/writ-petitioner-Rajendra Kumar

Gora has appeared in the final examination of one year PG Diploma

course and respondent/writ-petitioner Narendra Yadav has appeared

in the final year of M.A. in Museology and Conservation.

Lastly, it is submitted that if the respondents/writ-petitioners

are allowed to contest elections and in the eventuality, their writ-

petitions are dismissed, the entire process of elections would be

vitiated.

Per-contra, learned counsel appearing for the

respondents/writ-petitioners in the three appeals would argue that

the learned Single Judge has passed an interim order to balance

interest of both the parties by provisionally permitting the

respondents/writ-petitioners to contest RUSU Election-2022 subject

to fulfillment of other eligibility criteria and also subject to furnishing

an affidavit/undertaking that they shall not claim any right in the

elections if they fail to clear the entrance examination for admission

of the first year PG courses. It has also been made clear that

aforesaid participation shall be provisional only without creating any

equity in their favour which shall remain subject to decision of the

writ petitions.

It is next contended that those who have been enrolled as

student and appeared in various examinations and results have not

been declared, cannot be said to have ceased to be students.

Further argument is that the University hastened to proceed with the

elections without declaration of results of the entrance examination

which will decide the fate of thousands of applicants.

It is next submitted that the action of the University in

proceeding to hold elections without completion of the process of

(5 of 6) [SAW-1005/2022]

admission and commencement of courses is in violation of

recommendations of Lyngdoh Committee as enforced by the Hon'ble

Supreme Court in the case of University of Kerala (1) Versus

Council, Principals', Colleges, Kerala and Others, (2006) 8

Supreme Court Cases 304.

Lastly, it is argued that once the University allows those who

have appeared in various examinations, but results have not

declared to contest elections by giving an undertaking as contained

in order dated 13.08.2022, the directions given by the learned

Single Judge could not be assailed on the aforesaid grounds.

We have heard learned counsel for the parties in detail.

The respondents-writ-petitioners have filed writ petitions

seeking participation in the process of elections and prayers have

also been made in the writ petitions to stay the entire process of

elections. One of the main grounds urged by the respondents/writ-

petitioners in the writ petitions is that without the process of

admission having been completed, without results declared, the

University has proceeded to conduct elections to the office of the

Union.

Learned Single Judge has considered in detail the submissions

made by rival parties and has also taken into consideration the

Hon'ble Supreme Court decision in the case of University of Kerala

(1) Versus Council, Principals', Colleges, Kerala and Others,

(2006) 8 Supreme Court Cases 304 and the recommendations

of the Lyngdoh Committee. Further more, we find that the University

has allowed vide its order dated 13.08.2022, students of various

categories, who have written examinations as regular students in

various courses on the undertaking/affidavit that if a student fail to

clear the examination as per Clause-20 (c) of the Constitution of The

(6 of 6) [SAW-1005/2022]

Rajasthan University Students' Union, 2017, his/her

post/membership in the Students Union shall automatically cease.

Therefore, we find that such contingencies while conducting

elections in the University have been operationalized vide order

dated 13.08.2022 and it is a matter for consideration as to whether

the respondents/writ-petitioners are also entitled to similar

directions.

Learned Single Judge having found a strong prima-facie case in

favour of the respondents/writ-petitioners has allowed them to

provisionally participate in the process of elections as candidate

subject to various conditions including the undertaking as referred to

above. Their participation is on provisional basis.

In view of the above, we are not inclined to interfere with the

interim order.

In the result, all the appeals are dismissed.

Before parting with the case, we may hasten to add that above

observations are only prima-facie in nature and not conclusive, but

intended only to satisfy overselves whether a case for interference

against the interim order is made out in appeals. The interim order

itself is only a prima-facie consideration. Any observation made by

us in this jdugment shall not be treated as consideration of merits of

the writ petitions.

A copy of this order be placed on record in each connected

appeal.

(ANOOP KUMAR DHAND),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

Sanjay Kumawat-C/1,2 & 3

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