IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 WP(C).No. 29498 of 2010(J) -------------------------- PETITIONER(S): --------------- MES COLLEGE, MARAMPALLY, ALUVA, REP. BY ITS PRINCIPAL. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.JAGAN GEORGE SRI. K.A.NOUSHAD SRI.P.G.PRAMOD SRI.KANDAMPULLY RAHUL RESPONDENT(S): --------------- 1. MAHATMA GANDHI UNIVERSITY, REP. BY ITS REGISTRAR, PRIYADARSHINI HILLS, KOTTAYAM. 2. THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, KOTTAYAM. ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.29498 OF 2010(J) -------------------------------------------------- Dated this the 3rd day of January, 2011 J U D G M E N T Petitioner approached this Court aggrieved by Ext.P2 circular issued by the University, requiring to conduct election on 1.10. 2010, in terms of clause 6.2.2 of Ext.P1. While admitting the writ petition, having regard to the atmosphere prevailing in the College as disclosed in the writ petition, by order dated 24.9.2010, this court granted stay of Ext.P2 to the extent it required that the election shall be conducted on 1.10.2010, in the manner as laid down in Ext.P2, now the petitioner ha filed I.A.No.No.17507/2010 and submits that the atmosphere in the college has become congenial and that time is ripe for conducting election. 2. I heard the Standing Counsel appearing for the University. According to him, the time frame as indicated in para 6.4.2 of Ext.P1 having expired and as the academic year is expiring soon and as the University Union has already been constituted, no useful purpose will be served WPC.No. 29498/2010 :2 : by conducting election at this distance of time. 3. However, this objection now raised by the learned Sanding Counsel is countered by the counsel appearing for the petitioner by contending that, the next team of office bearers will assume office only on October 2011. According to her, if election is not conducted, it will not be possible for the College to conduct Youth festival and such other cultural activities of the college, which with the assistance and co- operation of students and it is therefore they want the election to be conducted, even at this distance of time. 4. Although there is substance in what the learned Counsel for the University states about the lapse of time that has occurred, still if as stated by the learned counsel for the petitioner, college needs the assistance and co-operation of the students for its academic and cultural activities and for that purpose, if it is desirable to have the College Union constituted, I see no reason for not granting permission. However, having regard to the submissions made by the WPC.No. 29498/2010 :3 : Standing Counsel for the University, any such election cannot have any impact on the University Union already in office and to ensure the same, sufficient safeguards are to be provided. Hence, I clarify that, any such constitution of the College Union can have no impact on the University Union already constituted and the office bearers to be elected to the College Union cannot also have any representation in the University Union. Therefore, for the only purpose of facilitating the college to have co-operation and assistance of the students in its academic and cultural affairs, I am inclined to think that the college should be permitted to conduct election in terms of para 6.2.4 of Ext.P1. Therefore, I dispose of this writ petition, leaving it open to the petitioner College to conduct election in the matter as mentioned above, subject to the limitations specified above. (ANTONY DOMINIC) JUDGE vi/ WPC.No. 29498/2010 :4 :