- (1.) The present petition has been filed by the petitioner seeking declaration that the petitioner was qualified and entitled to contest election of 2015 of the Students Union of M.D.S. University (hereinafter referred to as 'the said University') for the post of President and seeking direction to treat the B.A. Part-III Examination of 2012 as the last examination for the purposes of clause 7(c) of the Constitution of Students Union, M.D.S. University, Ajmer (hereinafter referred to as 'the said Constitution').
(2.) In the instant case it appears that the petitioner completed his graduation in B.A. from the said University in the year 2012 and thereafter took admission in M.A.(P) Part-I in the academic year 2014-15. It appears that after taking the admission in the M.A. (P) he did not appear in the examination of First Semester and also in the Second Semester examination. According to the petitioner, he had submitted an application to the Controller of Examination of the said University on 5.1.15 to the effect that he had opted for the diploma course elsewhere and he did not want to pursue the studies of M.A. Course and therefore his admission be cancelled. The petitioner thereafter took the admission in M.Com (P) in EAFM for the year 2015-16 in the said University and deposited the requisite fees on 10.8.15. It is further the case of the petitioner that his name was included in the voter list prepared on 14.8.15 for the purpose of Students Union Elections 2015 to be held, pursuant to the notification dated 13.8.15. When the petitioner enquired his eligibility to contest the election, he was informed by the University that by virtue of the provisions contained in clause 7(c) of the said Constitution, the petitioner cannot be allowed to contest the election. The petitioner therefore has filed the present petition.
(3.) The present petition has been resisted by the respondent-University by filing the reply contending interalia that the petitioner had submitted his Transfer Certificate and the Character Certificate for M.A.(P) EAFM Course on 11.8.15 for the purpose of getting admission in M.Com. Course, as he had already taken admission in the M.A. Course but did not appear in the examinations of the said course. According to the respondents, he was regular student of Department of M.A. (P) Population Studies till 13.8.15, till he collected Transfer Certificate for the purpose of getting admission in M.Com. Course. It is also contended that since the petitioner did not appear in the examination of M.A. (P), Ist Semester, he was declared fail and since the petitioner was a failure in the preceding year/semester of M.A. (P), he was not eligible to contest the election in view of Clause 7(c) of the said Constitution.;