- (1.) THIS petition has been filed challenging the election of respondent Vikas Gill as President of Lal Bahadur Shastri College, Jaipur (hereinafter 'the LBS College'), which is affiliated to the University of Rajasthan.
(2.) THE case of the petitioner is that the respondent Vikas Gill was not eligible for the election held on 18-8-2012 in the college for the post of President. It is submitted that in terms of the recommendations of Lyngdoh Committee, it has been provided that prospective candidates for Elections to various posts to be held at the College and University level should in no event have "academic arrears " in the year of contesting election. It is submitted that the respondent Vikas Gill had earlier been admitted to a two year course in M.A. (Geography) with the University of Rajasthan, but had failed in M.A. Geography (previous) in the academic year 2011-12. Thereupon he had abandoned the said course of M.A. (Geography) and instead took admission to M.Sc. (I.T.) in the academic year 2012-13 in the Lal Bahadur Shastri College -an affiliated college of the University of Rajasthan. Counsel for the petitioner submits that the respondent Vikas Gill having failed in M.A. Geography (First Year) in the academic year 2011-12 he ought to have been treated as ineligible to contest the election for the post of President at the LBS College in academic year 2012-13. Counsel for the petitioner has submitted that clause 6.5.4 of the recommendations of the Lyngdoh Committee, which have been adopted by the State of Rajasthan vide its circular dated 24-7-2012, should be purposively, and not literally and mechanically construed. It is submitted that so construed a student who did not clear all papers in the class in which he was reading in the previous year and thus was not academically successful as warranted, could not have been allowed to circumvent the disbarment of contesting student body elections by the mere startegem of changing his subject/ course and posing as a fresh student without the stigma of failure and "academic arrears ". It is submitted that the respondent Vikas Gill having failed the M.A. Geography (previous) examination conducted by the University of Rajasthan in 2011-12, was thus wrongly allowed to contest without eligibility and the admission afresh in the course of M.Sc. (IT) in LBS College could be of no avail to give him a chance to contest the election. It is prayed that consequently the election of respondent Vikas Gill should be set aside. Per contra, Mr. R.K. Mathur, learned Senior Advocate appearing with Mr. Ajay Tantiya, Mr. R.A. Katta, on behalf of the University, and Mr. D.V. Tholia and Mr. P.C. Dewanda appearing on behalf of Vikas Gill submit that a plain literal reading of clause 6.5.4 of the Lyngdoh Committee report indicates that the prohibition to contest only lies in the candidate seeking to contest an election at the College and the University level while having "academic arrears ". The words "academic arrears ", they submit entails the candidate seeking to contest the election having failed in previous examination/ paper of a course which he was currently pursuing when the elections were held. They submit that this fact situation does not obtain in the present case. It is submitted that the respondent Vikas Gill on the basis of his graduation was pursuing his study for M.Sc. (I.T.) for the academic year 2012-13 in the College, as such he did not have any "academic arrears ". And as far the course in M.A. (Geography) with the University of Rajasthan in academic year 2011-12 was concerned, abandonment of the said course, cannot be equated with "academic arrears ". Heard learned counsel for the parties, and perused the material available on record of the writ petition. A bare reading of clause 6.5.4 of the recommendations of Lyngodh Committee shows that a candidate contesting an election at the College or University level should not have any "academic arrears ". For facility of reference clause 6.5.4 is reproduced hereunder:- 6.5.4 Although, the Committee would refrain from prescribing any particular minimum marks to be obtained by the candidate, the candidate should in no event have any academic arrears in the year of contesting the election. " The words "academic arrears " in the year of contesting an election at the College or the University level would mean that a candidate seeking to contest the election should not have failed in an examination or have any back paper/s in respect of the course he was pursuing while contesting the election. This situation does not obtain in the present case. The respondent Vikas Gill on the basis of his graduation was pursuing his study for M.Sc. (IT) for the academic year 2012-13 in the LBS College, in which obviously and admittedly did not have any "academic arrears ". So far as the course of M.A. Geography in University of Rajasthan in the academic year 2011-12 is concerned, the respondent Vikas Gill having failed in M.A. (previous) had abandoned the said course. Consequently the respondent Vikas Gill did not have any "academic arrears " in the year of his contesting the election for President in the LBS College. The issue of ineligibility entails a prohibition and should be construed strictly. This court cannot rewrite clause 6.5.4 of the Lyngdoh Committee recommendations and by an interpretative process introduce an ex post facto disqualifications. On a strict literal interpretation of the clause 6.5.4 of the recommendations of the Lyngdoh Committee -as it presently stands, I find that no ineligibility could be attributed to the respondent Vikas Gill for contesting the election for the post of President in LBS College in the year 2012-13 when he was pursuing study of M.Sc. (I.T.) previous. But as a foot note, I would like to add that para 6.5.4 of the Lyngdoh Committee report may require a revisit and review with the experience of the present case and for the future, necessary amendment could be made thereto or a new provision added specifically disqualifying students who have a failure in the previous year without anything more. This would prevent the circumvention of the intent and purpose of the Lyngdoh Committee report to keep out academically unacceptable candidates from contesting elections to various posts at the College and University level. I, therefore find no force in the writ petition and the same is dismissed. Stay application also stands dismissed. ;