STATE OF RAJASTHAN & ANR. Vs. SARITA CHOUDHARY

JUDGEMENT

(1.) By order dated 3rd April, 2002 this Court issued notice to the Jai Narain Vyas University, Jodhpur, Mohan Lal Sukhadia University, Udaipur, Maharshi Dayanand Saraswati University, Ajmer, and Presidents of Students Unions of the respective Universities. The Universities were directed to furnish information by way of filing affidavits on the following items:

(2.) None of the Students Union have chosen to put in appearance inspite of service. Mr. Vinod Zutshi, Secretary, Higher Education has averred in his affidavit that certain important decisions were taken in the joint meeting of the Vice Chancellors and the officers held on 26th April, 2000 with respect to the election of Students Union. The meeting was presided by the Honourable Minister for Higher Education. A copy of the resolution is placed on record. It was resolved that necessary measures shall be taken to improve the existing method of elections in the Educational Institutions with a view to give leadership to meritorious students. It was also resolved that in the Post Graduate Colleges only the students of the Final Year shall be eligible to contest election for the post of the President. It was also resolved that election shall be only for the post of President. He shall constitute a executive council of 5 to 10 members from among the students who have secured more than 55% marks in the last examination. Upper age limit was also provided for contesting the University or College elections. It further resolved to provide the term of the Students Union, with the end of the Sessions. Certain restrictions were provided with respect to the admission in the hostels. The said minutes of the meeting were sent to the Vice Chancellors of the Universities and Director, College Education in May, 2000. A Co-ordination Committee of the Vice Chancellors met on 30th June, 2000. Decision was taken to debar from the contesting election such students who have been convicted and against whom a challan has been filed. By subsequent communications directions were also issued for framing the Code of Conduct for the elections of the Students Union. A Co-ordination Committee of the Vice Chancellors which met on 13.12.2000 again considered the issue of the Students Elections. Dr. L.S. Rathore, Vice Chancellor, Jai Narain Vyas University, Jodhpur was requested to prepare a model amendment with respect to the Students Union Election Rules. The draft rules were considered in the meeting of the Vice Chancellors on 23rd May, 2001. The Committee resolved as follows:

(3.) It is also averred that the Government has taken steps from time to time to maintain discipline amongst the students. It is further averred that the University Grant Commission has also issued certain instructions to curb the menance of ragging in the Universities and other Educational Institutions. A decision of the Apex Court dated 4th May, 2001 in Vishwa Jagriti Mission Vs. Central Government & Ors. (Civil Writ Petition No. 656/98) which pertains to curbing of ragging has been placed on record. The Apex Court noticed some of the incidents which crossed the limits of decency, morality and humanity. The Apex Court observed that a University may consider disaffiliating a college or institution failing to curb ragging. The Apex Court further observed: