JUDGEMENT
Chakradhari Sharan Singh, J. -
(1.) Heard learned Counsel for the parties.
(2.) The petitioner had contested the election for the post of President of the Patna University Students' Union, held in February, 2018. The results of the election were declared on 18.02.2018. He was declared elected to the post of the President. These facts are not in dispute. After declaration of the results of the elections, there is a practice/system of issuance of certificate as returned candidate, which has not been done immediately after the results were declared.
(3.) The Vice-Chancellor, subsequently, by office order, dated 13.03.2018, has cancelled the election of the petitioner to the post of President, which has been put to challenge in the present writ application. Following is the order passed by the Vice-Chancellor, which is at AnnexureP/20 to the rejoinder to the counter affidavit filed on behalf of respondents 1 to 4:-
"1. President
The enquiry committee report on the allegations leveled against Divyanshu Bhardwaj, newly elected President, was thoroughly examined and it is found very apparently that his candidature for the post of president has no academic arrear and from that point of view, his candidature was valid. However, his candidature is not tenable because he took admission in the Himalayan University, Itanagar in the same academic session (2014-17) during which he was the student of B. N. College, Patna University, Patna. It is clear cut violation of the UGC directives vide public notice no. F. No. 1-6/2007 (CPP-II) dated 15.01.2016. Hence, his election to the post of president stands cancelled. Initiatives will immediately be taken to cancel his admission in Patna University on the basis of above facts. At the same time, initiatives will be taken to seek information from the Himalayan University, Itanagar to known how the university admitted him in 2014-17 session while he was given C.L.C. from B. N. College, Patna in 2016.";
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