MAHAVIDYALAYA PRACHARYA ASSOCIATION AND ORS. Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2003-9-332
HIGH COURT OF ALLAHABAD
Decided on September 30,2003

Mahavidyalaya Pracharya Association Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

Vijay Manohar Sahai, J. - (1.) LEARNED Counsel for the parties in these writ petitions agree that without calling for counter -affidavits these writ petitions can be disposed of at the admission stage. In view of this statement made by learned Counsel for the parties, these petitions are being taken up for final disposal. Civil Misc. Writ Petition No. 43465 of 2003 has been filed by Mahavidyalaya Pracharya Association, Chaudhary Charan Singh University, Meerut and its office bearers. The Government orders dated 1.9.2003 and 8.9.2003 issued by the State Government as well as the order dated 17.9.2003 issued by the Registrar of Chaudhary Charan Singh University, Meerut have been challenged in this writ petition. Sri A.P. Sahi, learned Counsel for the petitioners has urged that there is no provision in the State Universities Act which empowers the State Government to issue directions to the universities or its affiliated/associated colleges to constitute students union and hold the election.
(2.) SRI Anurag Khanna learned Counsel appearing for Chaudhary Charan Singh University, Meerut has urged that the order dated 17.9.2003 issued by the Registrar of the University had been issued in view of the directions contained in the Government orders dated 1.9.2003 and 8.9.2003 and all the colleges which are affiliated/associated to the university have been directed to hold elections of students' union irrespective of the fact whether there earlier existed a students union or not. Civil Misc. Writ Petition No. 44621 of 2003 has been filed by the students of Bundelkhand University, Jhansi wherein the Government orders dated 1.9.2003 and 8.9.2003 as well as the order of City Magistrate, Jhansi dated 20.9.2003 have been challenged on the ground that prior to issuance of aforesaid Government orders there was no students' union existing in Bundelkhand University.
(3.) DR . R.G. Padia learned Counsel appearing for Bundelkhand University has informed the Court that in some of the colleges affiliated/associated to the university there had been students' union, but in the university there was no students' union. He has further stated that the university has not written any letter to the affiliated/associated colleges to hold the elections of the students union in view of the letter of the City Magistrate dated 20.9.2003.;


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