Citation : 2022 Latest Caselaw 4076 UK
Judgement Date : 20 December, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
Writ Petition No. 3336 (MS) of 2022
Heera Lal. ................Petitioner.
Through: Ms. Meenu and Mr. R.C. Tamta,
learned counsels 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 a writ, order or direction in the nature of Mandamus directing and commanding the respondents to grant one year age relaxation to the petitioner in upper age limit for contesting the election of student union of Government Under Graduate College, Sitarganj, District Udham Singh Nagar.
ii. Issue a writ, order or direction in the nature of mandamus directing and commanding 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 Government Under Graduate College, Sitarganj, District Udham Singh Nagar 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
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