AMIT PANDEY Vs. HEMWATI NANDAN BAHUGUNA GARHWAL UNIVERSITY

JUDGEMENT

(1.) The petitioner, a social worker, has invoked the jurisdiction of this Court seeking a writ of certiorari to quash the notification of Students Union Elections 2019-20 in Hemwati Nandan Bahuguna Garhwal University (Central University) scheduled to be held on 03.09.2019; and to quash the notification, along with the order dated 06.08.2019 appointing Election Officer for conducting Students Union Election 2019-20 in Hemwati Nandan Bahuguna Garhwal University; a writ of mandamus commanding the Registrar of the University and the Election Officer of the University to restrain Students Union Elections in Hemwati Nandan Bahuguna Garhwal University in violation of the provisions of the Central Universities Act, 2009 and statutes and ordinances thereunder applicable to the Hemwati Nandan Bahuguna Garhwal University (Central University).

(2.) Reliance is placed on the second schedule to the statute of the University, made in terms of the provisions of the Central Universities Act, which requires constitution of a Students' Council (clause 36), and stipulates that the Dean of Students' Welfare shall be the Chairman of the Students' Council; twenty students shall be nominated by the Academic Council on the basis of merit in studies, sports and extra-curricular activities; and twenty students shall be elected by students as their representatives. In terms of the proviso thereto, any student of the University shall have the right to bring up any matter, concerning the University, before the Students' Council, if so permitted by the Chairman; and he shall have the right to participate in the discussions at any meeting when the matter is taken up for consideration.

(3.) Sub-clause (2) stipulates that the functions of the Students' Council shall be to make suggestions to the appropriate authorities of the University in regard to the programmes of studies, students' welfare and other matters of importance, in regard to the working of the University in general; and such suggestions shall be made on the basis of consensus of opinion. Sub-clause (3) requires the Students' Council to meet at least twice every academic year; and the first meeting of the Council shall be held in the beginning of the academic session.