CHRIST CHURCH COLLEGE Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ashok Khare, Senior Advocate assisted by Sri V.D. Chauhan Advocate and Sri K.C. Sinha Advocate on behalf of Christ Church College, Mail, Kanpur, Standing Counsel on behalf of all the State authorities and S/Sri. V.K. Upadhya and Ritvik Upadhya on behalf of the students in both the writ petitions. Both the aforesaid writ petitions raise common questions of facts and law and as such are being decided by this common judgment

(2.) Christ Church College, Kanpur is a minority institution established and managed by the Church of North India and declaration in that respect has been issued under the letter of the Joint Secretary of the State of Uttar Pradesh dated 21.05.1985 addressed to the Director of Higher Education, Uttar Pradesh. The said institution has been established in the city of Kanpur in the year 1866 and at present is affiliated to the Chhatrapati Shahuji Maharaj University, Kanpur. Petitioners Nos. 1 to 5 of writ petition No. 36372 of 2001 and respondent Nos. 4 to 15 of Writ Petition No. 46112 of 2003 are the regular students of the aforesaid Degree College. By means of Writ Petition No. 36372 of 2001 the petitioner-students have prayed for a writ if mandamus directing the College to hold the elections of the office bearers of the students Union of the College for the Sessions 2001-2002. Writ Petition No. 46112 of 2003 has been filed by the Christ Church College, Kanpur through its Principal for quashing the Government Order dated 01.09.2003 issued by the respondent No. 3, namely the Additional District Magistrate, Kanpur Nagar, and the order dated 08.09.2003 issued by the State Government, as also the Order/minutes of the meeting dated 23.07.2004 as circulated by respondent No. 3 in so far as it pertains to the petitioner-institution.

(3.) The dispute between the parties is as to whether in the Christ Church Degree College, Kanpur, which is minority institution, there should be a Students Union and as to whether the office bearers of such Union be elected through election by single non transferable vote. Further as to whether the Government Order issued in that regard are applicable/binding upon the minority affiliated Degree Colleges.