SACHIN GALAV Vs. PANJAB UNIVERSITY

JUDGEMENT

(1.) The petitioner, a student of M.A. (Women Studies), Department of Women Studies at Panjab University, Chandigarh, has challenged the order dated 30.8.2018, by which his candidature to contest the election to the post of President of the Panjab University Campus Students Council (PUCSC) (for short 'the Council') has been rejected on the ground that he is being tried in a criminal case registered against him.

(2.) It is not disputed that an FIR No.0335 dated 16.11.2017 has been registered against the petitioner under Section 324 read with Section 34 IPC at Police Station West Sector 11, Chandigarh. It is also not in dispute that after completing the investigation, the prosecution has filed the report under Section 173 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.'), in which the Court of Judicial Magistrate 1st Class, Chandigarh has framed the charges against the petitioner for having committed the offence punishable under Section 324 read with Section 34 IPC. The Dean, Student Welfare, Panjab University, Chandigarh issued the election schedule of the Council for the year 2018-19 to elect the Office Bearers, Departmental Representative(s) and Executive Committee. The nomination papers were to be filed on 30.8.2018 in between 9.30 a.m. to 10.30 a.m. and filing of objection to the nomination(s) was scheduled in between 12.30 p.m. to 1.30 p.m. An objection against the candidature of the petitioner was made to the Director, Department-cum-Centre for Women Studies & Development, Panjab University, on which time is mentioned at 12.05 p.m., to the effect that the petitioner is ineligible to contest the election in view of Clause II(7) of the Eligibility Criteria for Candidates, contained in the General Guidelines for Panjab University Campus Students' Election. The Grievance Redressal Cell headed by the Dean Students Welfare sought legal opinion from the Legal Retainer of the University about the objection having been raised, which was tendered on 30.8.2018 in writing, in which he opined that in view of Clause II(7) of the General Guidelines for Panjab University Campus Students' Election, the petitioner is not eligible to contest the election because he is being tried for a criminal offence. The Registrar of the University obtained legal opinion from another Legal Retainer on the same subject generally, in which it was stated that the candidate who has been made accused in any criminal case and against whom charges have been framed before the competent Court and has been tried for such offence that is to say trial has been concluded/come to an end would be debarred from contesting student's election/filling nomination and the candidate who has been made an accused in any criminal case against whom only charge has been framed by the competent Court and the trial is still pending, would be eligible to contest student's election. The same opinion had earlier been given on 25.8.2018 by a panel Advocate of the University. Besides this, a meeting of the Disciplinary Committee, constituted by the Vice-Chancellor, was held on 20.11.2017 to discuss the incident held on 15.11.2017 in the campus on the basis of which the FIR No.033 dated 16.11.2017 was registered against the petitioner and other students. In the said meeting, chaired by the Dean of University Instruction and was attended by Dean Student Welfare, Dean Student Welfare (W), Professor Sanjay Kaushik UBS and Professor Ashwani Koul, Chief of University Security. The said Committee found that the complaint was made by Pargat Singh, allegedly injured on 15.11.2017, stated to be the student of French Department, whereas he was not the student of the French Department of the University. The Committee took a serious view on it and after discussion decided that suitable proceedings be initiated against Pargat Singh as to why he mislead the Committee, letter be written to the police informing that Pargat Singh is not the student of the Panjab University, Chandigarh and it was also proposed that the outsiders namely Pargat Singh, Pradeep Gujjar and Yadwinder Singh, who were involved in the incident may be banned from entering the University.

(3.) This petition was listed before this Court on 4.9.2018 in which notice was issued for today and was ordered to be shown in the urgent list because the election is scheduled to be held on 06.9.2018.