WPMS/2806/2025
2025 Latest Caselaw 4639 UK

Uttarakhand High Court

WPMS/2806/2025 on 26 September, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                     2025:UHC:8750
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                               WPMS/2806/2025
                               Hon'ble Manoj Kumar Tiwari, J.

Mr. Jatin Singh Pangtey, Advocate for the petitioner.

Mr. Suyash Pant, Standing Counsel for the State.

Dr. Kartikey Hari Gupta, Advocate for the University.

2. Petitioner is a Ph.D. student. He has crossed age of 28 years, which is the upper age limit fixed for contesting election for the office of President in Students' Union.

3. Petitioner submitted nomination paper. His nomination papers were rejected on the ground that he has become over age. Thus feeling aggrieved petitioner has approached this Court.

4. Learned counsel appearing for the University and Mr. Suyash Pant, learned State Counsel refer to para 6.5.3 of the judgment rendered by Hon'ble Supreme Court in the case of University of Kerala Vs. Council of Principals, College, Kerala & Others, reported as (2006) 8 SCC 304 for supporting the decision taken by college authorities. The relevant para of the judgment is extracted below:

"6.5.3 For research Students the maximum age limit to legitimately contest an election would be 28 years."

2025:UHC:8750

5. Learned counsel for the petitioner submits that the academic session in HNB University is delayed by one year and petitioner was within age during academic session 2024-25, therefore, he should be given relaxation of one year for participating in the election.

6. Per contra, Dr. Kartikey Hari Gupta, learned counsel appearing for the University submits that delayed academic session makes no difference in a students opportunity of contesting election as elections are held each year and petitioner had every right to participate in the students' union election during academic session 2024-2025.

7. This Court finds substance in the submission made by learned counsel for the University. Even if academic session is delayed, that in itself does not affect right of a student to contest elections, which are held every year.

8. Since rejection of petitioner's nomination is strictly as per the judgment rendered by Hon'ble Supreme Court, therefore, this Court do not find any reason to interfere in the matter.

9. The writ petition fails and is dismissed.

(Manoj Kumar Tiwari, J.) 26.09.2025 Mahinder/

MAHINDER

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT

2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2

SINGH f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4 626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.10.07 19:04:13 +05'30' 2025:UHC:8750