Delhi High Court Allows Minority College Students to File Nominations for DUSU Elections

Delhi High Court Allows Minority College Students to File Nominations for DUSU Elections

In a significant ruling, the Delhi High Court granted interim relief to two students from Shri Guru Nanak Dev Khalsa College and Shri Guru Govind Singh College of Commerce, allowing them to file their nominations for the upcoming Delhi University Students Union (DUSU) elections. The Court's intervention came after a petition was filed challenging the decision of three minority colleges to dissociate themselves from the elections.

The Petition and Key Players

The petitioners, Rachit Rai and Utkarsh Bhatt, are students of the above-mentioned colleges and had approached the Delhi High Court seeking relief after their colleges announced their withdrawal from the DUSU elections. The students, represented by Advocate Shashank Shekhar Jha, argued that the dissociation of their colleges from the elections was abrupt and challenged the colleges’ decision under the guise of their minority status protected under Article 30(1) of the **Indian Constitution.

The colleges in question—Shri Guru Nanak Dev Khalsa College, Shri Guru Teg Bahadur Khalsa College, and Shri Guru Govind Singh College of Commerce—are minority institutions, which allows them certain constitutional privileges. They claimed this status permitted them to opt out of the DUSU elections in favor of adopting a nomination process.

Interim Relief Granted

Justice Purushaindra Kumar Kaurav, who presided over the case, issued an interim order allowing the petitioners and other interested students to submit their nomination forms and participate in the election process. The court granted this relief while seeking responses from the colleges and other involved parties, stating that the core issue of the colleges' dissociation from the elections would be examined after the pleadings were complete.

The matter is scheduled for a further hearing on September 23, 2024. Justice Kaurav remarked that the issue of whether the respondent colleges could opt out of the election abruptly would need to be examined by the Court.

The Colleges’ Withdrawal from DUSU Elections

The controversy began when the three minority colleges—Sri Guru Nanak Dev Khalsa College, Sri Guru Teg Bahadur Khalsa College, and Sri Guru Govind Singh College of Commerce—announced their dissociation from the DUSU elections for 2024. They cited their status as **minority institutions under Article 30(1), which grants minority communities the right to establish and administer their educational institutions.

The colleges argued that, as per the Lyngdoh Committee Report, they had the discretion to either participate in the DUSU elections or adopt a nomination process for student representation. This year, the colleges chose the latter, asserting their right to make this decision based on their minority status.

University’s Response and Petitioners’ Argument

During the hearing, counsel for Delhi University (DU) and DUSU supported the petitioners' stance, arguing that the proper procedure for dissociation from the election process had not been followed. They asserted that the university had rejected the communication from the respondent colleges seeking to opt out of the election.

The petitioners contended that these colleges had participated in the DUSU elections for many years, and this sudden decision to withdraw from the process was not only abrupt but also violated their legitimate expectations of participation. They further argued that the last date for filing nominations had already passed, and without the Court’s intervention, they and other students would be unfairly deprived of their right to contest in the election.

Legal Framework: Lyngdoh Committee Report and Article 30(1)

The case hinges on the Lyngdoh Committee Report, which governs student body elections in India and lays down guidelines for colleges to follow. The report allows institutions to choose between direct elections and a nomination process for electing student representatives. 

However, the petitioners argue that the colleges have historically participated in the DUSU elections, and their sudden dissociation violates the spirit of the Lyngdoh Committee Report, which encourages consistency in the election process. 

Additionally, the colleges’ invocation of Article 30(1) of the Constitution, which grants minority institutions the right to administer their own affairs, is being contested by the petitioners. The petitioners argue that this right should not be used to prevent students from participating in university-wide elections like DUSU.

What’s Next?

As the court prepares for the next hearing on September 23, the key issue remains whether the minority colleges can opt out of the DUSU elections without violating the rights of their students or breaching established norms. The Delhi High Court’s interim relief allows the petitioners to file their nominations, ensuring their immediate participation, but the broader question of the colleges’ long-term association with DUSU elections is still to be decided.

The outcome of this case could have significant implications for how minority institutions across India balance their constitutional rights with their participation in larger university governance structures like DUSU.

Conclusion

The Delhi High Court’s decision to allow the petitioners to file their nominations marks a temporary victory for the students challenging their colleges’ withdrawal from the DUSU elections. The case, however, raises broader questions about the autonomy of minority institutions under Article 30(1) and the role of student elections in university governance. As the hearing progresses, the Court will need to balance the rights of students with the constitutional protections granted to minority institutions.