Uttarakhand High Court
6Th October vs Govt. Post Graduate College on 16 October, 2025
2025:UHC:9279-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
AND
HON'BLE SRI JUSTICE SUBHASH UPADHYAY
SPECIAL APPEAL NO. 336 OF 2025
16TH OCTOBER, 2025
Rajvindra Kaur ...... Appellant
Versus
Govt. Post Graduate College
Sitarganj and others ...... Respondents
Counsel for the appellant : Mr. Vikas Bahuguna, learned counsel
(through VC) with Mr. Ajay Joshi,
learned counsel
Counsel for the respondents : Mr. P.C. Bisht, learned Additional
Chief Standing Counsel for the State
/ respondent Nos. 1 and 2
: Ms. Mamta Bisht, learned counsel for
the University / respondent No. 4
The Court made the following:
JUDGMENT:
(per Hon'ble The Chief Justice Sri G. Narendar)
Heard the learned counsel for the appellant and
the learned counsel for the respondent-University.
2) We have perused the impugned order. The
impugned order does not indicate, let alone alleges, that
the petitioner / appellant belong to any recognized
2025:UHC:9279-DB
political party. Neither the name of the party, nor the fact
whether the party is a National party, or a State party, or
a Regional party, is mentioned. Merely the fact that she is
elected member and represents a Ward in a Village
Panchayat cannot be a ground to deem that she belongs
to a political party. In fact, local government at the
panchayat level is formed on a non-political lines.
3) It was incumbent upon the authorities to name
the party to which the appellant is affiliated with, or is a
member of. In the absence of such a finding the reliance
on provision 7(1) of the Constitution of the Students'
Union, in our considered opinion, is misplaced.
4) In that view of the matter, we deem it
appropriate to dispense with notice to the private
respondent. The elections having been completed and the
fifth respondent having elected unopposed, the validity of
the election has to be considered in terms of Article 17 of
the Students' Union Constitution which provides for an
alternate remedy before the Grievance Redressal Cell, and
in that view, the appeal is allowed in part.
5) The order of the learned Single Judge is set
aside. Liberty is granted to the appellant to approach the
Grievance Redressal Cell, and if any such petition /
2025:UHC:9279-DB
application is made within two weeks from today, the
same shall not be rejected on the ground of delay etc.
6) The appeal stands ordered accordingly.
7) Pending application, if any, also stands disposed
of.
________________
G. NARENDAR, C.J.
_________________
SUBHASH UPADHYAY, J.
Dt: 16TH OCTOBER, 2025
Negi
HIMANS
2.5.4.20=bb3b60774012c1ef1dae20d13aaf1
16e73351fdaf6878326386908a7f90d5757,
HU NEGI
postalCode=263001, st=UTTARAKHAND,
serialNumber=75BD9D0FB7F4A80990FC51A
722A6BC552D470EB4FD2F88DDF7C18DB2A
1524A4D, cn=HIMANSHU NEGI
Date: 2025.10.17 16:47:36 +05'30'
