SURESH SWAMI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since all these six writ petitions raise common questions of law and facts and, therefore, they were heard together and are being disposed of by a common order.

(2.) The petitioners have challenged the legality of the Order dated 17-8-2000, passed by the Director, College Education, Govt. of Rajasthan, Jaipur whereby directions have been given for the amendment of the Constitution of Students Unions of the Govt. Colleges or private colleges whether affiliated or not affiliated with the Universities; or whether receiving grant-in-aid or not receiving grant-in-aid, from the State Govt.

(3.) The Order dated 17-8-2000 specifically provides that in order to bring reforms in the process of election of Students Unions, the Chancellor Co-ordination Committee and the State Govt. have decided to amend the constitution of the Students' Unions of the Colleges governing their colleges. These writ petitions have been filed by the aspirants, who wanted to contest the elections of the Students' Unions or the persons regularly admitted to the colleges who have a right to participate in the elections on the ground that since the Students' Unions are formed under their own constitution and lays down the eligibility criteria for contesting the elections and other matters connected therewith, the State Govt. is having no right or authority to issue directions for the amendment of the constitution of Students' Unions by an executive order as it infringes fundamental rights flowing from the democratic set up of the Unions and also results into restrictions on the formation of the Students' Unions and matters connected therewith.