I.S.Israni, J. - (1.) The Matter was heard finally with consent of both the parties.
(2.) This writ petition has been filed on behalf of students of Part-II M.B.A. studying at R.A. Podar Institute of Management, University of Rajasthan, Jaipur. It is submitted by Shri N.K. Maloo, learned counsel that the elections of Rajasthan University Students Union and Institutional Associations are to be held on January 29, 1991. It is submitted that the elections are held under the Constitution of Rajasthan University Students Union (for brevity 'Union Constitution') which is approved by the Syndicate of University and is published by Dean, Students Welfare University of Rajasthan, Jaipur.
(3.) It is pointed out by learned counsel that the students of M.B.A. Part-I have appeared in Annual Examinations, but their result has not yet been declared, However, they have been allowed to attend classes of M.B.A. Part-II since November, 1990 and have been sitting regularly and their roll Called is taken together. It is submitted that as part of study programme these students go on an industrial tour which is an essential part of course and 20 marks are given on account of this tour as provided in the prospectus of the M.B.A. programme published by the University of Rajasthan. It is further submitted that these students have also gone on industrial tour regarding which a grant is given by University of Rajasthan. It is submitted that since the result of these students has not been declared, they are not permitted to participate in the ensuing elections. Learned counsel has filed a letter dated January 11, 1991 (Annexure-1) issued under the signature of Dean, Students Welfare and Foreign Students' Advisor, University of Rajasthan in which it has been stated that the students of M.B.A. Part-I who took examinations in the year 1990 are not eligible to fit for elections untill their results are declared and they are re-admitted to M.B.A. Part-II till 17:1991. This date has been mentioned since the nomination papers were to be filed untill that date. It is submitted that the nomination papers by source of the petitioner students have been filed. The scrutiny was to be held on January 22, 1991 and due to ad-interim order of this Court that their nomination-papers were not scruitinised/rejected and are pending consideration.;