VIKAS SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) By means of the present writ petition, the petitioner seeks a writ of certiorari for quashing the impugned order dated 2/7.4.2012 passed by the respondent No. 2 and further for a writ of mandamus directing the respondents not to interfere in the peaceful functioning of the petitioner on the post of General Secretary of the Students' Council, Banaras Hindu University, Varanasi. Brief background of the case is that Banaras Hindu University, Varanasi has been established to carry forward process of higher education by Notification No. 225 of 1916 and said University in question is one of the premier University in India running various courses. University has entrusted itself with the task of educating young men/women, a task which requires not merely imparting of information, development of academic insight and promotion of potentialities for independent research but also nurturing the whole personality of an individual and including in him/her to make responsible citizen dedicated to the Rule of law. University has constituted representative body of the students namely "Banaras Hindu University Students' Council" and said body has been constituted as substitute of the 'Student Union' keeping in view of the 'Lyngdoh Committee Report' and the decision of Apex Court. The objectives of aforementioned Council is to serve the basic purpose of holistic education as conceived and enriched by the illustrious founder of the Banaras Hindu University, Pandit Madan Mohan Malviyaji. Under the aforementioned constitution prepared in respect of Students' Council of Banaras Hindu University for democratic year 2011-2012, Vice-Chancellor of Banaras Hindu University, Varanasi is Patron of the University Students' Council and duty of Patron is to take necessary steps to ensure that the Students' Council functions in accordance with this Constitution.

(2.) Clause 4.2 of the Students' Council deals with the membership. Clause 4.2.1 provides that every student enrolled for and attending a full time course of study in Faculty/Institute/MMV/RGSC of the University shall be members of the University Students' Council. A reasonable fee shall be charged as Membership fee from all the members. The membership fee shall be remitted alongwith the University Fee by the students at the beginning of every academic session. Clause 4.4 deals with the office bearers of the Banaras Hindu University, Students' Counsel and provides that the office bearers of the Banaras Hindu University, Students' Counsel shall be elected from among the elected representatives of Faculties to the University Students' Council. Clause 4.4.2 defines the office bearers of the Banaras Hindu University, Students' Council. Clause 4.4.3 provides that the office bearers of the Council shall be responsible for the smooth and orderly functioning of the Council. Clause 4.4. deals with composition of Faculty level Students' Council. Clause 7.1 deals with the Constitution of University Students' Council and Clause 8.1 deals with the tenure, provides that students member of the Council shall hold the office from the day of formation of the Council till the last working day of the academic calendar. Clause 11 deals with conducting election for students' Council. Clause 11.9 deals with the constitution of election committee for holding of election of Banaras Hindu University, Students' Council. And the said committee is required to oversee the election process and shall also act as Grievance Redressal cell to consider any election related grievances as per recommendation of Lyngdoh Committee. Clause 19 deals with appointment of a Tribunal which provides that the Patron may, if he considers it necessary, refer any matter concerning the Council to a Tribunal appointed by him for the purpose. The decision of the Tribunal shall be final. Clause 22 provides that the provisions of this Constitution shall have effect notwithstanding anything inconsistent therewith contained in any other rules/regulations/ constitution of the Council framed in the past.

(3.) The petitioner is a student of M.A. IInd year in the department of Political Science of Faculty of Social Science, Banaras Hindu University, Varanasi. Being eligible the petitioner contested the election for prescribed posts in the Students' Council of the University for the academic session 2011-2012. The petitioner got elected on different levels as provided in the Constitution of Students' Council by huge support of the students. The petitioner has been initially elected as Faculty Representative of the Faculty of Social Science and thereafter being member of the Students' Council, he contested for the post of General Secretary in the Students' Council and the petitioner has been elected on the post of General Secretary by the member of the Students' Council in October, 2011 and since then the petitioner has been discharging his duties as General Secretary of the Students' Counsel.