Mathur, J. - (1.) By order dated 3rd April, 2002 this Court issued notice to the Jai Narain Vyas University, Jodhpur, Mohan Lal Sukhadia University, Udaipur, Maharshi Dayanand Saraswati University, Ajmer, and Presidents of Students Unions of the respective Universities. The Universities were directed to furnish information by way of filing affidavits on the following items: "The Constitution of the Students Union; Code of Conduct of the Election of the Students Union, if any, how far, they have been complied with; Representation of the Students in different bodies like Academic Council, Senate etc.; Programmes prepared by the Students Union showing their role in the field of national integration, progress and developing the Country; Financial Contribution of the Students towards the Students Union Fund, budgeting, control and utilisation of the fund; Interference of the Students Union in Examination programme; Role of the Students Union in maintaining the discipline; Details with respect to the violence or misconduct involving the students union during and after the elections in last three years and Efforts made by the Students Union to achieve the objects provided in the Constitution of the Students Union." The Secretary Department of Education, Government of Rajasthan was also directed to file affidavit with respect to the decisions taken by the State Government as well as the Chancellor, Co-ordination Committee pertaining to the elections of Students Union, Examinations and discipline.
(2.) None of the Students Union have chosen to put in appearance inspite of service. Mr. Vinod Zutshi, Secretary, Higher Education has averred in his affidavit that certain important decisions were taken in the joint meeting of the Vice Chancellors and the officers held on 26th April, 2000 with respect to the election of Students Union. The meeting was presided by the Hon'ble Minister for Higher Education. A copy of the resolution is placed on record. It was resolved that necessary measures shall be taken to improve the existing method of elections in the Educational Institutions with a view to give leadership to meritorious students. It was also resolved that in the Post Graduate Colleges only the students of the Final Year shall be eligible to contest election for the post of the President. It was also resolved that election shall be only for the post of President. He shall constitute a executive council of 5 to 10 members from among the students who have secured more than 55% marks in the last examination. Upper age limit was also provided for contesting the University or College elections. It further resolved to provide the term of the Students Union, with the end of the Sessions. Certain restrictions were provided with respect to the admission in the hostels. The said minutes of the meeting were sent to the Vice Chancellors of the Universities and Director, College Education in May, 2000. A Co-ordination Committee of the Vice Chancellors met on 30th June, 2000. Decision was taken to debar from the contesting election such students who have been convicted and against whom a challan has been filed. By subsequent communications directions were also issued for framing the Code of Conduct for the elections of the Students Union. A Co-ordination Committee of the Vice Chancellors which met on 13.12.2000 again considered the issue of the Students Elections. Dr. L.S. Rathore, Vice Chancellor, Jai Narain Vyas University, Jodhpur was requested to prepare a model amendment with respect to the Students Union Election Rules. The draft rules were considered in the meeting of the Vice Chancellors on 23rd May, 2001. The Committee resolved as follows: 'The Draft prepared by Dr. L.S. Rathore, VC JNV, University, Jodhpur for elections of Students Unions may be examined by each University and appropriate action may be taken in this regard after having general consensus." The relevant part of the recommendations is extracted as follows: "All candidates contesting for various posts in the students Union shall have to fulfil the following conditions: (1) (a) Not more than (8) eight) year's have elapsed since a candidate passed the 12th Class Examination under the 10+2 pattern of education by a recognised Board of Higher Secondary/Senior Secondary conducted in the country or an equivalent examination, qualifying him/her for the first admission to a degree/diploma course of a University/College. (b) Only a candidate who is less than 24 years of age on 1st July of the academic year in which the election is held, can alone contest. (c) Provisional admission to a course of a University/College shall not make the candidate eligible to contest. (d) A candidate who has been convicted by the Court of law shall not be eligible to contest. Term (2) The term of the entire office bearers of the Students Union shall expire automatically on the last date of the Session."
(3.) It is also averred that the Government has taken steps from time to time to maintain discipline amongst the students. It is further averred that the University Grant Commission has also issued certain instructions to curb the menance of ragging in the Universities and other Educational Institutions. A decision of the Apex Court dated 4th May, 2001 in Vishwa Jagriti Mission v. Central Government & Ors. (Civil Writ Petition No. 656/98) which pertains to curbing of ragging has been placed on record. The Apex Court noticed some of the incidents which crossed the limits of decency, morality and humanity. The Apex Court observed that a University may consider disaffiliating a college or institution failing to curb ragging. The Apex Court further observed: "The Universities and the Institutions shall at a reasonable time before the commencement of an academic year, and therefore at such frequent intervals as may be expedient deliberate over and devise such positive and constructive activities to be arranged by involving the students generally so that the seniors and juniors, and the existing students and the freshers, interact with each other in a healthy atmosphere and develop a friendly relationship so as to behave like members of a family in an Institution. Seniors or juniors shall be encouraged to exhibit their talents in such events so as to shed their complexes.";