ADITYA SONI Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS writ petition has been filed by Petitioner, a student challenging the constitutional validity of Ordinance No. 1 dated 25 -7 -2001 promulgated by State of M. P., Department of Higher Education enabling the constitution of students union in colleges. The Ordinance was issued pursuant to approval by Co -ordination Committee. The Ordinance has been issued with reference to Section 37(XXI) of M. P. Vishwavidyalaya Adhiniyam. It is sought to be struck down on the ground of it being discriminatory inasmuch as it excludes University teaching departments and school of studies of the University from formation of students union and being violative of the rights conferred under Article 19(l)(c) of the Constitution of India to form union or associations.

(2.) THE Ordinance No. 1 issued on 25 -7 -2001 replaces the Ordinance No. 1 old Ordinance was approved by the Co -ordination Committee at its meeting held on 16th June, 1994 and adopted by Devi Ahilya Vishwavidyalaya with effect from 30th July 1994. Para 1 of old Ordinance of 1994 is reproduced; 1. There shall be a student's Union in every college and one Student's Union for UTD's i.e. all the Teaching Departments/Schools of Studies (SOS) of the University.

(3.) THE new Ordinance No. 1 excludes U.T.D./SOS i.e. University teaching department/school of studies. It includes professional colleges in its ambit which were previously excluded.