GANESWAR ROUT Vs. UTKAL UNIVERSITY

JUDGEMENT

(1.) The petitioner's prayer in this petition under Articles 226 and 227 of the Constitution of India is for issuance of an appropriate writ, direction or order quashing the amendments incorporated in the constitution of the University Student's Union and in particular Rule 14 thereof, for quashing the notice dated 29-11-1994 (Annexure-1) relating to election of office bearers of the University Student's Union and Athletic Club for the session 1994-94 and for a declaration that opposite party No. 3 has no power or authority to exercise over the Student's Union which can only be exercised by the General Body of the said Union.

(2.) After graduating in Arts with Honours in Anthropology, the petitioner obtained his Master's Degree in Arts in Anthropology from the Utkal University. As a student of the Post-Graduate Department of Anthropology, the petitioner had contested the election for the office of the General Secretary of the University Students Union and was duly elected. The petitioner also obtained the degree in law in 1994 and being desirous of obtaining a Master's Degree, joined the P.G. Department of Law and is continuing as a regular student from September 1994. Presently, he is a student of LL.M. Part I of the Utkal University, Vani Vihar, Bhubaneswar.

(3.) On 29-11-1994 a notice (Annexure-1) was published regarding election of office bearers of the University Students Union and the Athletic Club. The notice, inter alia, provided that only regular students shall take part in the election and a student admitted to a second P.G. Department or continuing in the same class / year for a second or subsequent year shall not be eligible to contest for any post in the election. According to the petitioner, debarring a student admitted to the second P.G. Department or continuing in the same class / year for a second or subsequent year from contesting for any post in the election is not within the statutory powers of opposite party No. 3 and is also violative of the rights guaranteed to all students who are members of the Union, in terms of the constitution of the University Students Union (U.S.U.).