- (1.) ADMIT.
(2.) HEARD finally with the consent of counsel appearing on behalf of the parties. Petitioner, in the writ application, has prayed for relief to the effect that Clause 10(b) of the Constitution of the Rajasthan University Students' Union-2010(hereinafter referred to as 'RUSU Constitution') and Rule 7 and 8 of RUSU Elections, Guidelines and Rules, 2010(hereinafter referred to as 'the Rules of 2010') be declared ultra vires, being violative of Article 14 of the Constitution of India. The petitioner has submitted that he was admitted in the Course of MSW, i.e. Master of Social Work(P.G. Course), duration of which is of two years and the same has been divided into four semesters of equal duration. The petitioner was given admission in the academic session 2010-11 by the respondents belatedly on 01.10.2010. Due to fault on the part of the respondent-University, academic session was delayed and by the time, the admission was given to the petitioner, elections for academic session 2010-11 were already held on 25.08.2010. The petitioner could not contest and vote in the aforesaid elections, as the same was held prior to date of admission of the petitioner. The petitioner appeared in the first and second semesters and result of second semester was declared on 23.03.2012. Earlier, the elections were held on 20.08.2011 and students of MSW Course were again debarred from contesting elections or to cast their votes on the ground that they were given admission for the academic session 2010-11 and by the time elections for the academic session 2011-12 were held on 20.08.2011, result of second semester was awaited. Due to fault of the University and delay in declaration of result, permission to contest the elections was not granted to the petitioner in 2011. The petitioner completed second semester on 23.03.2012 and deposited the fees in the first week of April, 2012 for third and fourth semester. He appeared in the examination of third semester and his result has been declared on 07.8.2012, which is also not in dispute. It is also not disputed that the petitioner has passed three semesters and his admission continues in fourth semester. The petitioner is questioning Clause 10(b) of RUSU Constitution, on the ground that provision made for the academic session is illegal and arbitrary and the condition imposed is also harsh. It is further submitted that interpretation made by the respondents is incorrect, as academic session cannot be interpreted in the manner, so as to defeat the right of the students to contest the elections for one reason or the other. Provisions have to be interpreted in pragmatic manner.
(3.) MR. Akhil Simlote, counsel appearing on behalf of the petitioner has submitted that provisions of Clause 10(b) of RUSU Constitution and Rule 7 and 8 of the Rules of 2010 appear to be arbitrary. Academic session has not been defined anywhere under the Rules of 2010 or RUSU Constitution. He has further submitted that when a student is undertaking the course in the second year, he cannot be deprived of his right to contest the elections, as conferred upon him/her by RUSU Constitution and the Rules of 2010. Mr. A.K. Sharma, learned Senior Counsel with Mr. V.K. Sharma appearing on behalf of the respondents has submitted that in view of clear language used in Clause 10(b) of RUSU Constitution, it is apparent that there is insistence upon the word, "Academic Session". The course of the petitioner had commenced in the year 2010. He was supposed to complete his course in academic session 2011-12. Now, academic session 2012-13 is going on. As such, once academic session, for which admission of the petitioner was made, is over, he is not eligible to contest the elections. He is undertaking the course in the second year of MSW Course. Thus, the decision taken by the respondent-University, in not treating the petitioner as eligible to contest the elections on the aforesaid ground, is valid. No case for interference is made out. He has also relied upon Rule 5, 7 and 8 of the Rules of 2010. He has also submitted that membership of RUSU shall be sealed as existing on the day of Notification for the RUSU Election. Notification for election has been issued today, i.e. 09.08.2012, as such, now there is no scope for including the petitioner in the election process. Clause 10(b) of RUSU Constitution provides that membership of the Union shall be for the academic session of admission and shall automatically expire on the last date of academic session. Students of terminal semester/year, awaiting result, accordingly, shall neither be members of the Union at the expiry of the session, nor, thereby, eligible to vote/contest. ;