JAGDISH CHANDRA GURJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant writ petition has been preferred by the petitioner Jagdish Chandra Gurjar seeking the following reliefs:-

(2.) Learned counsel Shri Sukesh Bhati, representing the petitioner, vehemently and fervently contended that the Clause 7(a)(ii) of the Constitution of University and College Students' Union 2022-23 of Mohan Lal Sukhadia University (hereinafter referred to as 'Constitution of MLSU 2022-23') is illegal, arbitrary and unconstitutional inasmuch as it curtails the rights of the students to contest election for the post of Research Representative after crossing the age of 28 years. He submits that elections were not held for the Research Representatives for the previous two years owing to the Covid pandemic and thus, the relaxation provided by Hon'ble the Supreme Court in the matter of in Re: cognizance for extension of limitation (Miscellaneous Application No. 21 of 2022 in Miscellaneous Application No. 665 of 2021 in suo motu Writ Petition (c) No. 3 of 2020), deserves to be applied to the forthcoming students election. The said upper age limit deserves to be extended and for this purpose, the upper age eligibility criterion under Clause 7(a)(ii) of the Constitution of MLSU 2022-23 should be struck down.

(3.) In support of his contentions, Shri Bhati has placed reliance on the Supreme Court judgment in the case of University of Kerala v. Council, Principals, Colleges, Kerala and Ors. [(2011) 14 SCC 363] and urges that in the said judgment, Hon'ble the Supreme Court approved the recommendations of the Lyngdoh Committee, wherein it has been recommended that the maximum age limit for which the students can legitimately contest the elections should be enhanced to 30 years. He urges that the situation in the present scenario is very harsh because the elections were not held for the previous two years owing to the Covid pandemic and thus, the age relaxation is required to be extended and consequently, a provisional direction be issued to permit the petitioner, who is presently aged about 28 years, to contest the election for the Research Representative post.