Through: Mr. Manoj Joshi vs State Of Uttarakhand
2022 Latest Caselaw 4075 UK

 IN THE HIGH COURT OF UTTARAKHAND
             AT NAINITAL
                     Writ Petition No. 3349 (MS) of 2022

Jeevan Chandra Joshi                                  ................Petitioner.

                                   Through: Mr. Manoj Joshi, learned counsel for
                                   the petitioner.


                                   -Versus-
State of Uttarakhand
and others.                                            .........Respondents.
                                   Through: Shri Suyash Pant, learned Standing
                                   Counsel for State.


               Date of Hearing and judgment : 20.12.2022

Shri Sanjaya Kumar Mishra, J.

1. The petitioner has approached this Court seeking following relief:

"i. Issue an appropriate writ, order or direction in the nature of Mandamus commanding and directing the respondent to grant 2 years age relaxation to the petitioner in upper age limit for contesting the election of student union of Motiram Baburam Govt. Post Graduate College (MBPG), Haldwani, District Nainital for the session 2022- 2023.

ii. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to decide the representation of the petitioner."

2. There is no dispute that because of the Covid-19 pandemic, no election could be held in the college for the last two academic sessions. Therefore, the petitioner, who is a student of Motiram Baburam Govt. Post Graduate College (MBPG), Haldwani,

District Nainital was denied of any chance of participating in the election as a candidate. Participation in the elections of college union is an integral part of the education, in view of the fact that an opportunity is given to the students for developing their leadership qualities and because such a valuable right has been denied to the petitioner, hence, the writ petition is allowed.

3. The respondent no. 3 is directed to grant age relaxation to the petitioner for two years for the purpose of participating in the election. This may be taken as precedent and any other candidates, who have also been denied of any chance of participating in election, may also be granted age relaxation for two years.

4. Registry is directed to grant urgent certified copy of this order during the course of the day to learned counsel for the petitioner, as per Rules.

(Sanjaya Kumar Mishra, J.) (Grant urgent certified copy of this judgment, as per Rules)

PN