Dismissed

Sarwar Khan v. Jai Narayan Vyas University

Rajasthan HC12 Oct 2018CW/16130/2018

Case brief

AI extract

What is this about?

Petitioner challenged the exclusion of PG Diploma students from faculty elections. The Court held that as per the University Constitution, Diploma students can contest apex body elections but are explicitly excluded from faculty elections, a distinction deemed reasonable. The writ petition was dismissed.

What did the court decide?

The instant writ petition and stay application are dismissed as being devoid of merit.

Sarwar Khan Vs Jai Narayan Vyas University — Education and Admissions | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Civil Writ No. 16130/2018

Sarwar Khan

----Petitioner

Versus

Jai Narayan Vyas University, Through Registrar, Jodhpur & Ors.

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----Respondent

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For Petitioner(s) : Mr. Sarwar Khan, petitioner in person.

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HON'BLE MR. JUSTICE SANDEEP MEHTA

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Order

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12/10/2018

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Heard. Perused the material available on record.

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By way of this writ petition, the petitioner Sarwar Khan has approached this Court seeking to assail the notice (Annexure-2) dated 02.10.2018 issued by the Dean, Faculty of Law, Jai Narayan Vyas University, Jodhpur prescribing the norms for contesting elections of the University Faculty Students Union and to include the students undertaking PG Diploma Course in the Law Faculty as being entitled to contest election of the President of the Department/Faculty Students Union.

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Shri Sarwar Khan, the petitioner appearing in person, vehemently urges that the impugned notice dated 02.10.2018 which excludes the students of PG Diploma from contesting the

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(2 of 3)

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[CW-16130/2018]

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election on the post of President of the Department/Faculty Students Unions is illegal and contrary to the guidelines of the Lyngdoh Committee. He further urges that Under Graduate and Post Graduate students have been allowed to contest these elections whereas, the Diploma students have been arbitrarily excluded thereby infringing upon the fundamental right of such students to contest these elections. He drew the Court’s attention to the eligibility criterion prescribed by Article 11 of the Election Regulations and urged that the exclusion of Diploma holders is contrary to the mandatory guidelines.

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I have heard and considered the arguments advanced at bar and have gone through the material available on record.

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Ex-facie, challenge give by Shri Sarwan Khan to exclusion the students undertaking Diploma Courses from participating in the faculty level elections is absolutely untenable. The eligibility criterion as laid down in the JNVU Constitution clearly prescribes that the Diploma students would be entitled to contest the elections of the Apex body of the whole university but for faculty elections, there is an explicit exclusion of such students. Since the Constitution of the JNVU Students Union and the eligibility criterion prescribed thereunder is not under challenge in this writ petition and as the petitioner himself relies upon the mandatory guidelines provided thereunder, manifestly, the exclusion of Diploma students from contesting the departmental/faculty level students union is absolutely justified. Article 9E of the Constitution clearly provides that only the Post Graduate students and Under Graduate students shall be entitled to participate in such elections. The distinction being reasonable, manifestly, no direction can be

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(3 of 3)

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[CW-16130/2018]

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given to the respondent University to allow the petitioner to participate in the faculty/ departmental level elections.

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Hence, the instant writ petition is dismissed summarily as being devoid of merit. Stay application is also dismissed.

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(SANDEEP MEHTA),J

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Tikam/127

Sarwar Khan v. Jai Narayan Vyas University

Case brief

What is this about?

What did the court decide?

Sarwar Khan v. Jai Narayan Vyas University

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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