IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1556 of 2008 (M/S) Naveen Sharma S/o Sri Ganga Ram Sharma R/o Cinema Line, Pithoragarh District Pithoragarh. . Petitioner ...………… [ Versus 1. Registrar, Kumaun University, Nainital. 2. Principal Laxman Singh Mahar Govt. Post Graduate College, Pithoragarh, District Pithoragarh. ...…………. Respondents Mr. Anil K. Bisht, learned counsel for the petitioner. Mr. Ganesh Kandpal, Advocate holding brief of Mr. B.D. Upadhyay, Advocate for respondent No. 1. Mr. K.P. Upadhyay, Addl. Chief Standing Counsel for respondent No. 2. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2) By means of this writ petition, the petitioner has sought writ in the nature of certiorari, quashing the order dated 30.08.2008, passed by respondent No. 1, whereby a communication has been sent by him to respondent No. 2 that a person seeking election of the students’ union, must have passed in the previous year. 2 3) Learned counsel for the petitioner argued that in University of Kerala Vs. Council, Principals’, Colleges, Kerala and others; (2006) 8 Supreme Court Cases 304, the Apex court has nowhere put a condition that a dropper would not be allowed to contest the election of the students’ union. I have gone through the case referred by the learned counsel for the petitioner. While accepting the recommendations of the Lyngdoh Committee, the Supreme Court, as to the eligibility criteria for students, has incorporated Para 6.5.4 of the recommendation, which reads as under: “6.5.4. Although the Committee would refrain from prescribing any particular minimum marks to be attained by a candidate, the candidate should in no event have any academic arrears in the year of contesting the election.” The said clause clearly provides that the droppers or failed students are not to be allowed to contest the students’ union election. It is true that petitioner in the writ petition has stated that he is not a failed student of the previous year, rather, after his graduation he discontinued his studies, and then joined the post graduation course. Even after accepting said position, still the petitioner doesn’t appear to be entitled to contest the election for the post of Secretary of the students’ union for which he is desirous to contest the election, as Annexure –3 to the writ petition, which is copy of constitution of students’ union election, shows that in a Post Graduation College, for the candidature for the 3 post of Secretary of the students’ union, following two conditions are required to be fulfilled: (1) the candidate must have passed II year of the graduation course (2) and, in the previous year he must had been a regular student. The above second condition still remains unfulfilled by the petitioner. 4) Therefore, this Court is not inclined to interfere with the impugned order passed by the Registrar of the Kumaon University. 5) The writ petition is dismissed summarily. (Stay Application No. 5851 of 2008 also stands dismissed). (Prafulla C. Pant, J.) [ Dt. September 05, 2008. H.Negi