JITENDRA KUMAR VERMA Vs. PRINCIPAL,GOVT. P. G. COLLEGE,BAGESHWAR AND OTHERS
LAWS(UTN)-2001-9-18
HIGH COURT OF UTTARAKHAND
Decided on September 29,2001

JITENDRA KUMAR VERMA Appellant
VERSUS
Principal,Govt. P. G. College,Bageshwar Respondents

JUDGEMENT

A.A.DESAI,M.C.JAIN, J. - (1.)IN this bunch of petitions, the com­mon question involved is whether the student, above the age of 25 and the students who have been admitted pro­visionally could contest election of the student council.
(2.)THE learned counsel appearing in these petitioners have urged that the students have the right to contest elec­tion. The rules or instructions are arbi­trary making discrimination by carving out various clauses which are not based on intelligible differentia. We heard the group of lawyers at length.
Undisputedly, election of the stu­dent council is a secondary activity in, the academic sphere, may be Univer­sity or College. Undisputedly further, this right is not conferred on the stu­dent by statute either. The University or College Authorities are competent to regulate this ancillary activity. While regulating, if they are imposing certain prohibitions or restrictions on the par­ticular category of students namely, who are above, the age of 25 and those admitted provisionally, we do not see any irrationality or violation of any fundamental right since the election is provided by the University or College on their own volition. No right is in­volved of the students. The petitions are therefore, without any merit.

(3.)WE dismiss all the petitions. In­terim order dated 21.9.2000 passed in Writ Petition No. 1835 MS/2001 is hereby vacated.
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