Court affirms State's power under Articles 15(3) and 162 of the Constitution to issue reservation orders; rejects challenge to girl students' reservation in Treasurer and Joint Secretary posts despite procedural concerns.
In a significant judgment delivered on September 25, 2026, the Uttarakhand High Court dismissed multiple writ petitions challenging the reservation provided for girl students in the student union elections of Kumaun University and its affiliated colleges. The petitions, filed by male students aspiring to contest reserved posts, questioned the legality of a State Government Order and a subsequent University office order reserving the posts of Treasurer and Joint Secretary exclusively for girl students.
The Court, presided over by Justice Ravindra Maithani, heard four petitions together due to common questions of law and fact. The petitioners contended that the reservation was introduced abruptly without following the proper amendment procedures as required under the student union constitution and relevant university statutes. They argued that the State Government lacked authority under Section 66A of the Uttarakhand State University Act, 1973, to issue such an order and that the University's Executive Council had not formally amended the constitution to implement the reservation.
The controversy arose after the Registrar of Kumaun University announced the election schedule in early September 2026. Subsequently, on September 17, 2026, the State Government issued a Government Order directing universities to reserve 50% of student union posts for girl students, citing that girl students constitute over 65% of the university population. In compliance, the University issued an office order on September 18, 2026, reserving the posts of Treasurer and Joint Secretary for female candidates.
Rejecting the petitioners' contentions, the Court upheld the State Government's competence to issue the Government Order under Article 162 of the Constitution, acting in furtherance of Article 15(3), which allows the State to make special provisions for women's upliftment and representation. The judgment extensively referred to the Supreme Court's ruling in Government of A.P. v. P.B. Vijayakumar (1994), which recognizes affirmative action for women as constitutionally valid and necessary to address historical socio-economic disadvantages.
The Court also observed that the Executive Council of the University, as the principal executive body under Section 21 of the Uttarakhand State University Act, is empowered to regulate university matters, including student union affairs. The Council had convened an emergency meeting on September 18, 2026, to approve the reservation measures, rendering the office order legally valid notwithstanding the absence of a formal amendment in the student union constitution.
Addressing the petitioners' claim that their right to contest elections was infringed, the Court clarified that the right to contest is not a fundamental or common law right but a statutory right, subject to conditions laid down by the governing statutes. As the petitioners remained free to contest other unreserved posts, no enforceable right was violated.
The Court further declined to interfere at the pre-election stage, noting that the election schedule was already notified, and the nomination period had closed. No gross illegality or procedural violation was found sufficient to warrant judicial intervention, and the petitions were dismissed summarily.
This judgment reaffirms the State's authority to take affirmative action to enhance women's representation in educational institutions and highlights the functional role of university executive bodies in implementing such measures. It also underscores that statutory rights related to elections can be regulated and limited in the interest of social justice.
Bottom Line:
Student union election - Reservation for girl students in posts of Treasurer and Joint Secretary upheld - State Government can issue Government Order under Articles 15(3) and 162 of Constitution to provide better representation to women - Right to contest election is not a fundamental right - Executive Council competent to implement reservation and mere absence of formal amendment in student union constitution does not invalidate office order.
Statutory provision(s):
Article 15(3) of the Constitution of India, Article 162 of the Constitution of India, Section 21 of the Uttarakhand State University Act, 1973, Section 66A of the Uttarakhand State University Act, 1973
Mukesh Pandey v. State of Uttarakhand, (Uttarakhand) : Law Finder Doc Id # 2993460
