CHANDRA BHAN URF PALU Vs. DIRECTOR OF HIGHER EDUCATION
LAWS(ALL)-2004-10-136
HIGH COURT OF ALLAHABAD
Decided on October 14,2004

CHANDRA BHAN URF PALU Appellant
VERSUS
DIRECTOR OF HIGHER EDUCATION Respondents

JUDGEMENT

Arun Tandon, J. - (1.) Heard R.D. Agrawal on behalf of the petitioner and learned Standing Counsel on behalf of respondent No. 1.
(2.) Petitioner has admittedly been granted admission in B.Sc. Part III (single subject only). The petitioner has been restrained from contesting the election of the student union of Bareilly College, Bareilly in view of the provisions regulating the elections of the Union as framed by the institution, copy whereof has been enclosed as Annexure-6 to the writ petition. Clause 20 of the aforesaid rules provides that a candidate admitted in a single subject shall not be treated to be a regular student. It has further been provided that a student obtaining admission in a single subject may be permitted by the Principal of the institution to undertake practical classes also, however, the said permission would not amount to petitioner being treated as a regular student.
(3.) On behalf of the petitioner it is contended that he has deposited the requisite fee and has also been issued identity card, copy whereof have been enclosed as Annexures-1 and 2 to the writ petition. The petitioner further contended that a certificate has been issued by the Principal of the college categorically stating that the petitioner is a bona fide student of the college. The petitioner has also made reference to the document dated 29th September, 2004 whereby he has deposited student union membership fee to the tune of Rs. 25/- which has been accepted and, therefore, the petitioner has become a valid member of the student union and is entitled to contest the elections. It is further stated that if the petitioner is not permitted to contest the election there would be violation of Article 14 of the Constitution of India. Lastly it is contended that it is in the interest of the student and public also that the petitioner should be permitted to contest the election.;


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