MADAN, J. - (1.) THE petitioner who is a student of Sri Kalyan College, Sikar has come up before this Court by way of instant writ petition and has prayed two fold relief thus:- (1) direction be issued to the respondents by way of an appropriate writ or order to let the petitioner continue as President of the Sri Kalyan College, Sikar for the session 1998-99; (2) the impugned-order dated 15. 1. 1999 (Annexure-6) by which the petitioner was not permitted to continue as President of the students' union of the said college be also quashed and set-aside.
(2.) THE facts which are relevant for deciding the present writ petition briefly stated are that the petitioner after having sought admission in Ist Year of LLB course conducted by the Rajasthan University, Jaipur decided to dis-continue the said course and took admission in MA (Previous) of the said University after depositing the requisite fee for the same on 6. 11. 1998. Since the petitioner was desirous to contest the election of the President of Students' Union, he filed nomination form to participate in the students' union election for the academic year 1998-99 which were held on 19. 12. 1998. THE result of the election was declared on the same day i. e. 19. 12. 1998 itself and the petitioner was declared as President of Students' Union of the said institution. It is pertinent to mention that the petitioner was elected as an independent candidate while other elected representatives were supportive candidates of the Students' Federation of India. THE Students' Federation of India had supported those candidates who had regularly been elected for the past 20 years in the said college. It was first time when the petitioner was elected as an independent candidate without support of any party. THE elected representatives gave a representation to the Principal of the aforesaid college stating therein that the petitioner had given an affidavit on oath concealing the facts which are sufficient to debar the petitioner from being elected as a President of the Students' Union. After receiving the aforesaid representation from the elected members of the Students' Union, the Principal of the aforesaid institution gave a show cause notice dated 8. 1. 1999 to the petitioner and in pursuance of the said show cause notice the petitioner personally met the Principal of the said college and sought time for submitting the reply to the show cause notice. It is a contention of the petitioner that he was not given any reasonable time to file reply to the show cause notice and was accordingly dismissed from the Presidentship of the Students' Union without being given an opportunity of hearing. The petitioner has referred to the Constitution of the Rajasthan Students' Union 1994. Rule 16 in Chapter III of the Constitution of Rajasthan Students' Union 1994 deals with disqualification for: (i) Office Bearers of the Rajasthan University Students' Union/other Unions and (ii) Student-Member of the Assembly/executive Council/executive Committee. (a) No member of the Rajasthan University Students' Union/other Unions shall be entitled to hold any post of office bearer or to become student member of the Assembly/executive council/executive committee as the case may be, (i) he has exceeded the age of Twenty eight years for the posts of President/general Secretary/student Member of Assembly or Executive Council from P. G. Departments (Units/law College/evening Law College of Rajasthan University Students' Union; and Office Bearers Student-Members of Assembly or Executive Committee of P. G. Departments/units/law College/evening Law College Students' Unions; and Twenty four years for the posts of Vice President/joint Secretary/student-Members of Assembly or Executive Council from other Constituent Colleges, of Rajasthan University Students' Union; and Office Bearers/ Student-Members of Assembly or Executive Committee of other Constituent College Students' Unions, on 7th July of the academic session in which he wishes to seek election; or (ii) He has failed at the last examination; or (iii) he has been convicted of a criminal offence; or (iv) he has been punished by the University/department/unit/college for an act which amounts to misconduct or constitutes a threat to life/property; or (v) he has been found guilty of and punished for the use of unfair means at any examination of University or Board. Explanation 2. A Student who has failed but has been permitted to carryover to the next higher class shall be deemed to have passed for the purpose of contesting the election or Rajasthan University Students' Union/other union. A student who has been declared eligible to appear in any paper (s) at supplementary examination shall be deemed to have failed, unless he passes the examination before the issuance of notification for the election. '' Section 5 (a) of the Constitution of the Rajasthan University Students' Union 1994 also stipulates thus:- *** From the perusal of the aforesaid rules of the Constitution of the Rajasthan University Students' Union 1994, it is apparent that any candidate who is in the last preceding examination conducted by the University has not been able to appear or has failed to qualify the same or has not been able to present himself to appear in the said examination for any other unavoidable reason or who could not appear in the examination as a result of cancellation of examination by the University or though who has appeared in the examination but his result has not been declared by the University as a result of misconduct on the part of the candidate concerned, he has been debarred from appearing in the examination by the University, he has been prevented from contesting the election of the Students' Union and for a minimum period of 15 days he has been expelled or who has been debarred from appearing in the examination due to boycott from appearing in the concerned papers, shall not be eligible to contest for any post of Students' Union. From the facts and circumstances and documents as referred to in the writ petition, the petitioner has to establish that he was entitled to continue as a duly elected President of the aforesaid College at Sikar and he has been discriminated as a result of inaction of the respondents which is clearly violative and contrary to the mandate of its Constitution. The petitioner contended that; (a) impugned action of the respondents in having passed the order dated 15. 1. 1999 by which he was deprived from continuing as a President of the Students' Union, is arbitrary, illegal, unjust and violative of the Constitution; (b) that since the petitioner had taken admission in MA (Economics) Previous by depositing the required fee on 6. 11. 1998 vide Annexure-1, he is automatically eligible to contest the election of the Students' Union being a regular student of MA (Economics) Previous; (c) that he took the admission in MA on the basis of the last examination which he qualified in the year 1997 i. e. BA with IInd Div. , and being a regular student of MA (Previous) and since he had filed his nomination form to contest the election of the President of Students' Union and having acquired the post of President of Students' Union he should have been allowed to continue in the said capacity; (d) that the petitioner has challenged the impugned-order dated 15. 1. 1999 having been passed malafidely under the pressure of the students belonging to the Students' Federation of All India as a result of which, the Principal of the respon-dent-College had passed the impugned-order dt. 15. 1. 1999 which is not sustainable.
(3.) IN pursuance of the show cause notice issued by this Court, the respondents have filed reply to the writ petition contending inter-alia that at the time of filing the nomination form, the petitioner had also furnished an affidavit to the effect that if he is declared unsuccessful in the examination or regular admission is not given or on cancellation of admission, his election may be automatically treated to be cancelled. It is further apparent to mention that when the petitioner was elected President of the Students' Union, the result of LLB Ist Year examination was not declared and the same was declared on 2. 1. 1999 by the Rajasthan University when he was declared as ``failed''. As per para 5 of the Constitution of the Rajasthan University Students' Union 1994 (Annexure-7) as referred to above, since the petitioner was declared ``fail'' in the previous year's examination of LLB Ist Year, he was consequently not entitled to contest the election on any post of the Students' Union. Thereafter, on 6. 1. 1999, the various Office Bearers of the Students' Union had submitted representation vide Annexure-3 to the respondent-College to the effect that since the petitioner had not qualified in LLB Ist Year examination and even if it was taken into consideration that he was eligible for contesting the election yet, in view of para 5 of Annexure-7, he does not fulfil the requisite conditions stipulated thereon as on the date when he/she filed his nomination for contesting as an Office Bearer of the Students' Union on any post, he/she shall not be permitted to participate as a candidate from contesting for any post of the Union. Therefore, in my considered view, since the petitioner did not fulfil the eligibi-lity condition as stipulated in Annex.-7 consequently, the petitioner was not permitted to contest the election of the President of Students' Union of the respondent-College. ;