In this post we will discuss about the decision of Punjab and Haryana high court in which it has directed Punjab University to hold its senate polls within two months.

Hold senate polls in 2 months : HC

Facts of the case : The plea has been filed by seven former senators who had moved to the High Court on December 22, seeking directions  to hold governing body polls.  The term of senate, The Apex governing body of Punjab University ended on October 31 and the syndicate’s term got over on December 31. The varsity is without a governing body now. Elections were to take place in August but the varsity  deferred them citing covid-19 pandemic as the reason.

Panjab University Senate Poll High Court Chandigarh
Panjab University Senate Poll High Court Chandigarh

Legal issue :

Whether the varsity’s elections be deferred in view of covid-19 situation or not?

ALSO READ- PUNJAB AND HARYANA HIGH COURT DIRECTS PANJAB UNIVERSITY VC TO CONDUCT SENATE ELECTIONS WITHIN 2 MONTHS

Decision of the Punjab and Haryana high court: Criticising the role of vice chancellor Raj Kumar, the Punjab and Haryana High Court has directed Punjab University to hold its senate polls within two months.

The bench of Justice Fatehdeep  Singh observed, while questioning the VC’s role in delaying the elections that the enactors of the Punjab University act 1947 would not have realised that what they have framed as a comprehensive and exhaustive legislation would come to be a tool in the hands of its own academic officer pursuing not the educational goals but that is find his own personal and  thereby in the process virtually oust it’s own the governing body looking after the management and superintendence of this August institution one of international fame  and oldest in this country.

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the bench further observed  that provisions on governance have been thrown off to the winds and the University is being run as a one man show.

On the university is argument that the elections were deferred in view of the covid-19 situation, the court of the that the argument is apparently a way to duck  the obligations at a time when elections are being conducted to various institutions including state assemblies and local bodies throughout the country.

ALSO READ- PANJAB UNIVERSITY OKAYS SENATE ELECTION SCHEDULE

No doubt the VC is empowered to postpone the elections for the time being but this does not clothe him with unbridled powers to carry on  indefinitely when throughout the country elections are being held. It was further  recorded that all was not well with the decision to defer the polls and it could have been done with motive and malice.

ALSO READ- PUNJAB UNIVERSITY LAW ENTRANCE CASE HIGH COURT CHANDIGARH

This post is written by Karishma Jain.

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