BHUWAN CHANDRA BINWAL Vs. KUMAON UNIVERSITY NAINITAL

JUDGEMENT

(1.) The petitioner is a final year student of B.A. Degree Course in the Almora Campus (Soban Singh Jeena Campus) of Kumaon University. He has filed this writ petition praying for quashing Annexure-3 order dated 19-9-2005 by which the petitioner was informed by the first respondent-Registrar, Kumaon University that according to Admission Rule 1.12 and the provisions of the Constitution of the Students' Union, it was not possible to permit the petitioner to be a candidate in the election to the Students' Union for the year 2005-2006. The petitioner also prays for a direction to the respondents not to cancel the nomination of the petitioner for the post of Vice-President ot the Students' Union, Soban Singh Jeena Campus, Almora for the year 2005-2006.

(2.) It is not disputed that according to Clause 1.12 of the Admission Rules, a student who had taken regular admission but could not appear in the examination due to illness or such other valid reasons, can be given readmission in the same class, subject or faculty, if he is otherwise eligible under the relevant admission rules. However, such readmission can be given only once. It is also not disputed that according to Article 4(B) of the Constitution of the Students' Union, a candidate for the post of Vice-President should have been a regular student of the same educational institution during the previous year.

(3.) Admittedly, the petitioner had taken admission as a regular student of the Almora Campus of Kumaon University in the third (final) year of B.A. Degree Course on 28-9-2004 for the academic year 2004-2005. It is also not disputed that the petitioner had contested as a candidate for the post of Joint Secretary of the Students' Union in the election held on 5-10-2004. The petitioner did not win the election and he also did not write the final year examination. According to the petitioner, he could not attend classes during the academic year 2004-2005 and consequently, he did not have the required minimum attendance for appearing in the examination. But according to Mr. B. D. Upadhyaya, learned counsel for the University, the petitioner's attendance during the academic year 2004-2005 was '0' (Zero). In other words, though the petitioner took admission on 28-9-2004 and contested in the election held on 5-10-2004, he did not attend the classes even on a single day.