K SAKTHEEANANTH Vs. SECRETARY TO GOVERNMENT LAW DEPARTMENT

JUDGEMENT

(1.) THE writ petitioner is a student of Bachelor of Law (B.L.) final year studying in Dr.Ambedkar Law College, Chennai. According to the petitioner, as a representative of the students, for the purpose of raising certain issues with the University authorities, viz., 3rd respondent, it needs a student forum to be established by way of election among the students, but the 3rd respondent has stopped conducting election among the students for the past 15 years, whereas other Arts and Science Colleges run by the Government are conducting elections. THE failure to conduct election among the students results in the violation of the fundamental rights guaranteed under Article 19(1)(a) and 19(1)(b) of the Constitution of India. In spite of many representations to the 3rd respondent in these years, the 3rd respondent has not conducted the election.

(2.) THE Supreme Court while dealing with a case from the Kerala High Court wherein the High Court has allowed the educational institutions to prohibit political activities within the college campus and to forbear the students from organising and attending meetings other than official ones, has directed the Ministry of Human Resources Development to set up a Committee to examine the said aspect. As per the direction of the Supreme Court, the Ministry of Human Resources Development has appointed a Six Member Committee headed by the former Election Commissioner Mr.J.M.Lyngdoh in December, 2005. THE Committee, after an elaborate enquiry, has submitted its report in May, 2006 to the Ministry of Human Resources Development and the Supreme Court. THE Supreme Court has passed orders to implement the Committee's recommendations in respect of students' union election.

(3.) MR.Prabhakaran, learned counsel appearing for the petitioner has submitted that the Committee constituted by the Ministry of Human Resources Development headed by MR.J.M.Lyngdoh submitted its report and recommendations based on which the Supreme Court has also given its verdict in December, 2006. In respect of formation of students' Union and fair election to it, the Supreme Court has directed the University Grants Commission to order all the Universities to conduct fair election and in the light of the said direction, the 1st and 3rd respondents have a duty to conduct election to the students' union of the 3rd respondent University. He would also refer to the letter of the Director of Legal Studies, viz., the second respondent herein dated 14.9.2007 in which the second respondent has informed the petitioner that the matter has been referred to the Government, viz., the first respondent. In view of the same, his submission is that the first and third respondents have to consider the representations in the light of the recommendations of the Lyngdoh Committee and order election to the students' Union in the 4th respondent College.