Shabana Hussain v. Union Of India & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 12726/2024 & C.M.Nos.53042-53043/2024 SHABANA HUSSAIN .....Petitioner Through:

Mr.Ashu Bidhuri with Mr.Swapnam Prakash Singh, Mr.Satyansh Gupta, Mr.Hemant Baisla, Mr.Hemant Kumar and Mr.Kamal Singh, Advocates.

versus UNION OF INDIA & ORS.

.....Respondents Through:

Mr.Chetan Sharma, ASG with Mr.Ripudaman Bhardwaj, CGSC, Mr.Abhinav Bhardwaj and Mr.Kushagra Kumar, Advocates for UOI.

Mr.Apoorv Kurup with Ms.Nidhi Mittal and Mr.Gurjas Narula, Advocates for UGC.

Mr.Mohinder J.S.Rupal with Mr.Hardik Rupal and Ms.Aishwarya Malhotra, Advocates for University of Delhi.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 11.09.2024 1.

Present public interest petition has been filed seeking issuance of directions to respondent no.3/University of Delhi ("DU") to reserve 50% seats for female students in Delhi University Students' Union ("DUSU") elections and other College Students' Union elections on a rotational basis. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The petitioner further seeks issuance of directions to DU to strictly comply with Justice J.M. Lyngdoh Committee Guidelines during DUSU and College Students' Union election process.

2.

Learned counsel for the petitioner states that the Parliament has recently passed an Act providing 33% reservation for women (Nari Shakti Vandan Adhiniyam) in Parliament elections and all State Assembly elections. He further states that Uttarakhand government has passed an order directing all the State Universities to have 50% reservation for female students in Student Union elections.

3.

He states that there are 53% female students (out of the total student strength) at DU but their political participation and representation is very low.

4.

He states that one of the major reasons that discourage participation of female students in DUSU and College Student Union Elections is the violence and corrupt practices involved in the entire election process. He states that guidelines based on the Lyngdoh Committee Report were issued by the Ministry of Human Resource Development in 2006 in accordance with the directions of the Supreme Court to reform student union elections. However, according to him, implementation of these recommendations is largely missing, as rules are continuously flouted and use of money and muscle power is still observed in politics.

5.

He lastly states that the petitioner has already given representations to all the concerned authorities but no authority is considering and/or deciding the same.

6.

Keeping in view the aforesaid, the present writ petition along with the applications is disposed of with a direction to the Vice-Chancellor, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

University of Delhi to decide the petitioner's representation dated 25th October, 2023 (attached as 'Annexure B' to the present writ petition) in accordance with law as expeditiously as possible preferably within three weeks.

ACTING CHIEF JUSTICE TUSHAR RAO GEDELA, J SEPTEMBER 11, 2024 KA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.