- (1.) Learned counsel for the petitioner has submitted that the petitioner is desirous of contesting elections of Students' Union of Rajasthan University, programme of which has been recently notified on 11.08.2015. The petitioner was student of LL.B. Part-I in the year 2014 for academic year 2014-15, result whereof was declared on 11.08.2015. The petitioner has been declared eligible for LL.B. Part-II, but at the same time, he has been awarded lesser percentage of marks in two individual papers, resultantly, he has to appear in two individual papers of LL.B. Part-I. The petitioner, being faced with that situation, decided to abandon LL.B. Course and applied for admission in M.A.(Dramatics) Part-I(Semester-I) in the academic year 2015-16 with the University of Rajasthan in its Department of Dramatics. The petitioner has placed on record document dated 08.08.2015(Annexure-3) showing that he has deposited a sum of Rs. 1,06,600/- as admission fees in SFS category. Admission List(Annexure-4), which was published by the respondents on 08.08.2015, indicates name of the petitioner at Serial No. 13. Learned counsel for the petitioner has submitted that even then, due to students politics and intervention of their political bosses, the petitioner apprehends that his nomination form may be rejected by the respondents citing Clause 20(c) of Constitution of the Rajasthan University Students' Union 2010, as Amended in 2014, which provides that no member of the Rajasthan University Students' Union/other Unions shall be entitled to contest for any post of officer-bearer or to become student member of the Assembly/executive council/executive Committee as the case may be, if that student "has failed to clear all the papers of the last examination(whether annual scheme or semester scheme) individually and in aggregate, including by absence in the said examination".
(2.) Learned counsel for the petitioner has submitted that this controversy has already been set rest by judgment of Co-ordinate Bench of this Court in Ajay Kumar Kaswan Vs. State of Rajasthan & Others (S.B. Civil Writ Petition No. 13595/2012 decided on 01.10.2012), albeit with reference to clause 6.5.4 of the recommendations of the Lyngdoh Committee, where the identical restriction was there for a student desirous to contest election that "the candidate should in no event have any academic arrears in the year of contesting the election". This Court, while interpreting the word, "academic arrears", has over ruled the objection of the petitioner in that case. The concerned student in that case, Vikas Gill, was student of M.A.(Geography) (Previous) in the academic year 2011-12, in which he failed to qualify. He abandoned that course and took admission in M.Sc.(I.T.) in the academic year 2012-13. In that case, this Court held that he could not be considered ineligible and no ineligibility could be attributed to him for contesting elections, as he, having abandoned the course of M.A.(Geography)(Previous), was pursuing course of M.Sc.(I.T.).
(3.) Learned counsel for the respondents has submitted that the petitioner should be required to approach the Grievance Committee first because the date of filing nomination is 21.08.2015 and the petitioner would have ample opportunity to ventilate his grievance before the said Committee. He further argued that Chief Election Commissioner, who is necessary party, has not been impleaded as party-respondent in the present writ petition, therefore, the same is liable to be dismissed. He has submitted that it is premature for the petitioner to presume that his nomination would be rejected or allowed. As of now, no cause of action is available to the petitioner to approach this Court, as there is no adverse order against him. It is also argued that as per the Constitution of the Rajasthan University Students' Union, whichever authority is vested with the power to decide the question of eligibility or correctness of nomination, would decide the same and, therefore, there is no reason for this Court to entertain this writ petition at premature stage. Learned counsel for the respondents has submitted that the petitioner has taken Transfer Certificate, Regular/Character Certificate, Attendance Certificate from University Law College on 13.08.2015 and therefore, he could not be granted admission earlier than that.;