ANAND VARDHAN CHANDEL Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) Is there a fundamental right to education to be spelt out of clauses (a), (b) and (c) of Article 19(1) and Article 21 of the Constitution ? Does it include participation by a student in the activities of the University Students Union ? Does the denial of this right to the petitioner by the University sustain this petition under Article 226(l)(a) of the Constitution? These somewhat novel questions arise in this writ petition on the following facts.

(2.) The University of Delhi is constituted by the Delhi University Act, 1922. Under section 3 the University is constituted by the Chancellor, Vice-Chancellor, the Court, the Executive Council and the Academic Council. Under section 4 it has power to provide for instruction, etc. and to do all such acts and things whether incidental to the powers aforesaid or not as may be requisite in order to further the objects of the University as a teaching and examining body and to cultivate and promote Arts, Science and other branches of learning. Under section 21 the Executive Council shall be the executive body of the University. For the academic year 1977-78 the University Bulletin of Information sets out the method by which students are admitted to the M.A. classes in order of merit. The petitioner was an applicant for admission to M.A. (Philosophy). The number of seats in each of the M.A. courses is fixed. According to the number of seats and the merits of the candidates the first list of admissions was notified for M.A. (Philosophy) on the 21st July, 1977. It is common experience that all the applicants to whom admissions are offered do not take them up. Some seats remain vacant after the first batch of students accept some of the admissions offered in the first list. The remaining seats are notified in the second list to candidates next below in merits. Out of them also not all accept the seats offered and so a third list is also issued. In the present case the third list for M.A. (Philosophy) for admission was issued on the 9th August, 1977 and the candidates were told to collect the admission slips between the 9th and 11th August, 1977.

(3.) The petitioner availed himself of the admission given to Turn on the 10th August, 1977. On the basis of this admission the petitioner was entitled to participate in the activities of the University Students Union. He wanted to contest the election to the post of Vice-President of the Union. His nomination paper for that purpose was, however, not accepted by respondent No. 2, Chief Election Officer, Delhi University Students Union, because it was submitted after 2.00 p.m., while nominations could not be accepted beyond 10th August, 1977 after 2.00 p.m. according to the programme of holding the Students Union elections already fixed. This brings us to the consideration of what the University Students Union is and how the election of its office bearers is held.