LAWS(ALL)-2012-12-59

ABHINAV SINGH Vs. STATE OF U P

Decided On December 04, 2012
Abhinav Singh Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned Standing Counsel for the State-respondents. Petitioner, before this Court, has been admitted to B.A. Three Years' Degree Course in the academic session 2012-2013 in Teelak Dhari Post Graduate College, Jaunpur. The said institution is affiliated to Veer Bahadur Singh Purvanchal University, Jaunpur.

(2.) Petitioner seeks quashing of the condition mentioned in rules framed by the Principal of the college in respect of eligibility of students, who can contest the students' union elections.

(3.) According to the petitioner, the condition that no candidate, who is a student of first year at the graduate level will be entitled to contest the elections, is bad. It is stated that the condition takes away the right of validly admitted students from contesting the students union elections. It is arbitrary and unjustified. It is further stated that under the Lyngdoh Committee Report which has been approved by the Apex Court in the case of University of Kerala (One) v. Councils, Principals, Colleges, Kerala & Others, 2006 8 SCC 304, there is no such prohibition and therefore, the condition incorporated by the Principal of the college is in teeth of the Lyngdoh Committee Report and is liable to be set aside accordingly.