SANJAY JAIN Vs. STATE

JUDGEMENT

(1.) Heard Shri P.S. Nair, counsel for the petitioners on the question of admission.

(2.) The petitioners are all students enrolled in different colleges affiliated to the Rani Durgawati Vishwa Vidyalaya, Jabalpur which is governed by M.P. Vishwa Vidyalaya Adhiniyam, 1973. A co-ordination Committee has been formed under the Presidentship of Kuladhipathi (Chancellor) under S.34 of the Adhiniyam. Ordinances Nos. 1 and 2 providing for constitution of the Students' Union in Colleges and Teachings Departments in the University have been formed under S.37 of the Adhiniyam. Accordingly, for the past few years the students used to elect their representatives to constitute the Union. However, in the 32nd sitting of the Co-ordination Committee held between 29 June and 1st July, 87 (both days inclusive), the Committee took a decision whereby all the Principals of the Colleges were vested with discretion either to hold election or to nominate representatives to the various posts in the Union. An order to that effect addressed to the Vice-Chancellor and the Principals of all the Universities and Colleges in the Madhya Pradesh was issued on 22nd July, 87 by the State Government in the Higher Education Department.

(3.) Petitioners' contention is that by vesting such a discretion in the Principals of the Colleges, their right to elect their representatives to the Union has been taken away. This in the democratic set up of this Country tantamounts to depriving the students of their fundamental right of participation in the Education democracy. The right to assemble is taken away. This will come in the way of socially educating the students and in preparing them to be a useful member of the society and a participator in the democratic process. Counsel urged that there appears to be no just reason to suddenly deviate from the usual process of election of the office bearers of the Students' Union. It was added that order. (Annexure-A) issued by the State Government vesting Principals with a discretion without guidelines is capable of being exercised arbitrarily and without any control. A direction is, therefore, sought for to the Vice-Chancellor of the University to direct holding of elections of the office-bearers of the Students' Union in all colleges affiliated with the University. After hearing the counsel for the petitioners at length, we are of the opinion that the petition must be dismissed.