Legal Challenge to Age Limit for JNU Students' Union Elections Dismissed by Court.


21 November 2024 Education >> Miscellaneous  

In a recent judgment of Sudhanshu Shekhar v/s Jawaharlal Nehru University & Others, the Delhi High Court has dismissed a petition challenging the age limit set by Jawaharlal Nehru University (JNU) for students wishing to contest its Students' Union elections. The case arose from a petition filed by a Ph.D. student who, having crossed the maximum age limit of 30 years in October 2023, sought a two-year extension to the age limit due to the COVID-19 pandemic and the suspension of elections since 2020.

The petitioner had earlier filed a writ petition to address the issue, which was disposed of on March 14, 2024, directing the Vice Chancellor of JNU to consider the petitioner's representation. The Vice Chancellor upheld the 30-year age limit, citing the Lyngdoh Committee's recommendations and the orders of the Supreme Court. The petitioner then approached the Court again, requesting that JNU relax the age limit or amend its circular to accommodate students like him who missed the opportunity to contest elections due to the pandemic-related hiatus.

 
 

At the heart of the dispute was the Lyngdoh Committee’s report, which recommended a maximum age of 28 years for research students to contest Students' Union elections. This recommendation was later modified by the Supreme Court in December 2011, increasing the age limit to 30 years specifically for JNU students, acknowledging its unique nature as a research-focused institution. The Court had stated that JNU, as a post-graduate university, should have certain flexibility in this regard.

The petitioner argued that JNU’s failure to conduct elections for four years due to the pandemic deprived him of his right to contest, as he was within the eligible age bracket when the elections were last held in 2019. He also pointed out that other universities, like Delhi University, had extended the age limit for students in response to the pandemic.

However, the Court found no merit in the petitioner’s argument. It emphasized that the decision to set the age limit at 30 years for research students was made by the Supreme Court, and JNU’s adherence to this order could not be considered unreasonable. The Court acknowledged the importance of holding elections annually, but it also highlighted that the failure to hold elections during the pandemic did not entitle the petitioner to seek further relaxation of the age limit.

The Court pointed out that while JNU had not held elections in the intervening years, this was due to extraordinary circumstances arising from the COVID-19 pandemic, and it was not within the petitioner’s right to claim an extension of the age limit because of this. The argument that other universities had extended the age limit was also dismissed, as the Court noted that each university has the discretion to decide such matters based on its own circumstances and administrative decisions.

In conclusion, the Court found no reason to interfere with the Vice Chancellor's decision, which was in line with the Supreme Court’s order. The writ petition was therefore dismissed, reaffirming the age limit as set by the Supreme Court and underlining the importance of adhering to established guidelines for Students' Union elections.

The judgment serves as a reminder that while students’ rights to representation are crucial, such rights are subject to reasonable restrictions and must be exercised within the framework laid out by legal precedents and institutional policies. In this case, the decision to enforce the 30-year age limit for JNU's Students' Union elections was found to be legally sound and was not subject to further relaxation.