STATE OF RAJASTHAN Vs. SARITA CHOUDHARY

JUDGEMENT

(1.) THIS State appeal is directed against the judgment of the learned Single Judge dt. 20. 12. 2000, whereby the writ petition filed by respondent has been allowed and the order of the State Government dt. 17. 8. 2000 containing directions regarding alteration or amendment in the eligibility criteria for contesting election of the Students' Union or Associations in their Constitution, has been quashed and set-aside. A further direction has been given not to interfere with the holding of election of Student's Union at the behest of the State Government or any other agency. It appears that the State Government with a view to bring reforms in the election process and to make functioning of the Students' Union more rational issued directions dt. 17. 8. 2000 to all the Government and private colleges whether affiliated or non-affiliated with the universities or whether receiving grant-in-aid or not, to provide the eligibility criteria for contesting the elections and other matters connected therewith in the constitution of the institution governing the election and functions of the Student's Union. Accordingly, the colleges have provided restrictions for the students contesting the elections as follows:- " 6. Eligibility for candidature.- (a) A student who has failed to qualify himself/herself for promotion to the next higher class shall not be eligible. (b) A student who has been punished on account of misconduct as referred u/art. 88 of the University Head Book, shall not be eligible. (c) A student can contest only for one post of the union. "

(2.) IN the opinion of the learned Single Judge, the amendment in the Constitution and altering the eligibility criteria for contesting the elections constitute an infringement of fundamental right guaranteed u/art. 19 (1) (a) and (c) of the Constitution of INdia. The learned Judge observed that right to form an association or union is a fundamental right of every citizen including the students of the colleges. The right can only be curtailed or put under cloud by legislative action. The learned Judge further held that the order dt. 17. 8. 2000 containing directions to amend or alter the eligibility criteria for contesting the elections of the students union or associations passed by the State Government cannot be sustained as the State Government has no authority to pass such executive orders regarding amendment or alternation in the eligibility criteria for contesting the elections of the students unions or associations.

(3.) AT one stage, this Court considered the rights of the students to contest the college elections. This Court by its order dt. 25. 8. 2003 observed as follows:- " It is a misnomer that right to election in a democracy is a fundamental right. It is well established law that a right to election is not a fundamental right but a statutory right. It further depends upon the construction of the various provisions of a particular Statute giving such right. Recently, the Kerala High Court on a petition filed by Sojan Francis, an SFI student and second year degree student of St. Thomas College, Pala Kaottaiyan, put complete ban on political activism of a college or university campus having ruled that the ban on election of Students Union does not involve "negation of fundamental rights". We have our own reservations as to the correctness of the ruling given by the Kerala High Court. However, it appears that the Hon'ble Judges constituting the Division Bench while giving the said ruling had noted the spiraling campus violence. It was recorded that in the recent years in the State of Kerala, the C. P. M. backed Students Federation of India (S. F. I.) lost thirty of its leaders in union clashes and the students wing of the Congress Kerala Students Union about 10. The BJP Akhil Bhartiya Vidhyarthi Parishad (ABVP) saw three of its student activists drowned in the Pumba River following a campus skirmish. It was observed that the university and the colleges are worst hit by campus politicking and violence. The things went to the extent that the bright students shun the college. It is observed that the castism and mafia culture has been been imported in the campus by the students supported by few selfish teachers. It is also observed that such students are also financed by the political parties. We make it clear that we have no intention to say that there should be a complete ban on holding Students Union elections or contesting elections under the banner of a political party. The majority of the students in the College Campus are above 18 years of age and they cannot be denied organizational freedom. The colleges are training camps for the future politicians. But as we have already observed in our earlier order that the Students Union is a laboratory of the democratic governance, we further make it clear that we dis-approve the campus violence and not campus politics. In our view, the campus politics need be cleansed of violence and educational institutions should not be allowed to become laboratories of political parties. "