IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 23828 of 2008 Between: V. Suresh Naik S/o. Dubla Naik R/o. Room No.L-201, NRS Hostel, HCU Campus, Hyderabad. ..... PETITIONER AND 1 Hyderabad University Rep. by its Registrar HCU Campus, Gachibowli, Hyderabad. 2 The Students Election Committee Rep. by its Chairman University of Hyderabad, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issued a Writ order or direction particularly one in the nature of Mandamus declaring the action of the respondent illegal action of the 2nd respondent in rejecting nomination of the petitioner for General Secretary post in the elections to the students union of University of Hyderabad for 2008-2009 to beheld on dt.4-11-2008 as illegal, arbitrary and consequently seeking a direction to permit the petitioner to contest the elections for students union 2008-2009 of University of Hyderabad. Counsel for the Petitioner:MR.V.RAGHU Counsel for the Respondent No.: (SC FOR INDUS LAWFIRM UNIVERSITY OF HYD) The Court made the following : O R D E R: This Writ Petition has been ﬁled by V.Suresh Naik assailing the action of 2nd respondent in rejecting the nomination for the post of General Secretary in the elections to the students union of University of Hyderabad for the year 2008-09 to be held on 4.11.2008. The petitioner is a research scholar in University of Hyderabad. He ﬁled his nomination for the post of General Secretary in the elections to the students Union of University of Hyderabad for the year 2008-09. 2nd respondent, according to the petitioner, rejected his nomination on the ground of over age. When the writ petition came up for admission learned Standing Counsel for the University of Hyderabad received notice on behalf of R1. The only issue that calls for adjudication in this writ petition is - whether the petitioner was over aged as on the date of his nomination i.e. 27.10.2008. As per the eligibility criteria for candidates in respect of research scholars the age limitation is 28 years. Indisputably the petitioner’s date of birth is 15.10.1980. He crossed the age limit of 28 years as on 25.10.2008. It is the contention of learned counsel appearing for the petitioner that as per the recommendations of Lyngdoh committee elections in University of Hyderabad are to be conducted between 6 to 8 weeks from the date of commencement of the academic session and since the elections are not conducted within 6 to 8 weeks, the age of the petitioner is to be counted upto 6 to 8 weeks from the date of commencement of the session irrespective of the date scheduled for elections. I am afraid to accept his contention since such an interpretation to the Lyngdoh committee’s report is impermissible in respect of age limit prescribed for candidates by University of Hyderabad. The 2nd respondent is justiﬁed in rejecting the nomination of the petitioner on the ground of his over age as on 27.10.2008. In that view of the matter, this writ petition fails and the same is dismissed at the admission stage. No costs. 31st October, 2008. (B.Seshasayana Reddy,J) tnb ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KBJ} THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.23828 OF 2008 31ST OCTOBER 2008