AJAY KUMAR KASWAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition has been filed challenging the election of respondent Vikas Gill as President of Lal Bahadur Shastri College, Jaipur (hereinafter 'the LBS College'), which is affiliated to the University of Rajasthan.

(2.) THE case of the petitioner is that the respondent Vikas Gill was not eligible for the election held on 18-8-2012 in the college for the post of President. It is submitted that in terms of the recommendations of Lyngdoh Committee, it has been provided that prospective candidates for Elections to various posts to be held at the College and University level should in no event have "academic arrears " in the year of contesting election. It is submitted that the respondent Vikas Gill had earlier been admitted to a two year course in M.A. (Geography) with the University of Rajasthan, but had failed in M.A. Geography (previous) in the academic year 2011-12. Thereupon he had abandoned the said course of M.A. (Geography) and instead took admission to M.Sc. (I.T.) in the academic year 2012-13 in the Lal Bahadur Shastri College -an affiliated college of the University of Rajasthan. Counsel for the petitioner submits that the respondent Vikas Gill having failed in M.A. Geography (First Year) in the academic year 2011-12 he ought to have been treated as ineligible to contest the election for the post of President at the LBS College in academic year 2012-13. Counsel for the petitioner has submitted that clause 6.5.4 of the recommendations of the Lyngdoh Committee, which have been adopted by the State of Rajasthan vide its circular dated 24-7-2012, should be purposively, and not literally and mechanically construed. It is submitted that so construed a student who did not clear all papers in the class in which he was reading in the previous year and thus was not academically successful as warranted, could not have been allowed to circumvent the disbarment of contesting student body elections by the mere startegem of changing his subject/ course and posing as a fresh student without the stigma of failure and "academic arrears ". It is submitted that the respondent Vikas Gill having failed the M.A. Geography (previous) examination conducted by the University of Rajasthan in 2011-12, was thus wrongly allowed to contest without eligibility and the admission afresh in the course of M.Sc. (IT) in LBS College could be of no avail to give him a chance to contest the election. It is prayed that consequently the election of respondent Vikas Gill should be set aside.