2025:KER:30413 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 11030 OF 2025 PETITIONERS: 1 ARYA K. ANIL AGED 23 YEARS, 2ND YEAR B.ED. STUDENT, GOVT. COLLEGE OF TEACHER EDUCATION, THYCAUD, THIRUVANANTHAPURAM, PIN – 695014. 2 ATHUL RAJEEV M. AGED 23 YEARS, 2ND YEAR B.ED. STUDENT, KARAMELA RANI TRAINING COLLEGE, FATHIMA ROAD, KOLLAM, PIN – 691013. 3 AMJATH KHAN M. AGED 23 YEARS, 2ND YEAR B.ED. STUDENT, PATTOM THANU PILLAI MEMORIAL COLLEGE OF TEACHER EDUCATION, MARUTHOORKONAM, BALARAMAPURAM, THIRUVANANTHAPURAM, PIN – 695501. 4 JOMOL S.R. AGED 23 YEARS, 2ND YEAR B.ED. STUDENT, NEW B.ED. COLLEGE, NELLIMOODU, THIRUVANANTHAPURAM, PIN – 695524. 5 JAYALAKSHMI D.B. AGED 23 YEARS, 2ND YEAR B.ED. STUDENT, ST. THOMAS TRAINING COLLEGE, MUKKOLAKKAL, THIRUVANANTHAPURAM, PIN – 695043. W.P.(C)No.11030 of 2025 :2: 2025:KER:30413 6 AMEERA BINTH ABDUL LATHEEF AGED 23 YEARS, 2ND YEAR FYUGP ST.JOSEPH’S COLLEGE FOR WOMEN ALAPPUZHA, PIN – 688001. BY ADVS. M.M.ABDUL RAHIMAN M.S.UNNIKRISHNAN RESPONDENTS: 1 THE UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM PIN - 695034 REPRESENTED BY ITS REGISTRAR. 2 THE RETURNING OFFICER UNIVERSITY OF KERALA, SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM, PIN – 695034. BY ADV.SRI.THOMAS ABRAHAM, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.11030 of 2025 :3: 2025:KER:30413 J U D G M E N T Dated this the 8th day of April, 2025 Petitioners 1 to 5 are the 2nd year B.Ed. students and the 6th petitioner is the 2nd year student of FYUGP in different Colleges, which are affiliated to the University of Kerala. They were enrolled in the aforementioned courses as per the prescribed eligibility norms of the University. The respondents are conducting an election scheduled to be held on 10.04.2025 and for the above purpose, the respondents have prepared an electoral roll. 2. The election had earlier been conducted by the University on 11.09.2024. But while counting the poll, there occurred a clash between two groups and thus the election has been cancelled. As the election was cancelled and the University has no Union or Senate, the respondents again W.P.(C)No.11030 of 2025 :4: 2025:KER:30413 rescheduled the election as directed by this Court and subsequently rescheduled to 10.04.2025. 3. When the College election was conducted on 18.10.2024, the petitioners were elected members from their respective Colleges. Thus, the petitioners are eligible and entitled for the University Election conducted by the University of Kerala. But when Ext.P1 list was prepared by the respondents, the petitioners were excluded from the electoral roll, based on a wrong notion that they had crossed the age of 22 years. While applying for the electoral roll, the petitioners have not crossed the age of 22. 4. As per Clause 6.5.1 of the Lyngdoh Committee, the eligibility criteria of undergraduate students between the ages of 17 and 22 may contest elections. This age range may be appropriately relaxed in the case of Professional Colleges, where courses often range between 4 to 5 years. The W.P.(C)No.11030 of 2025 :5: 2025:KER:30413 petitioners, being students who meet the age criteria under the University Election Manual and as defined in Clause 6.5.1, were unfairly excluded from the electoral roll and their names were omitted despite not exceeding the maximum age limit of 22 years. The petitioners were eligible to include their names in the electoral roll which was published by the Kerala University, based on the guidelines set forth by the Hon’ble Supreme Court as per the Lyngdoh Committee. The exclusion of the petitioners from the electoral roll violates the principles of natural justice, contends the Counsel for the petitioners. 5. On the afore premises, the petitioners seek to direct the respondents to immediately include the names of the petitioners in the electoral roll for the upcoming University Election scheduled to be held on 10.04.2025. 6. I have heard the Counsel for the petitioners and the Standing Counsel representing the respondents. W.P.(C)No.11030 of 2025 :6: 2025:KER:30413 7. It is not disputed that petitioners 1 to 5 will not fall within the age limit as prescribed in Ext.P3. As regards the 6th petitioner, the 6th petitioner would submit that she is undergoing a course in Home Science. The duration of the course being four years, it should be treated as a Professional Course according to the petitioners. 8. Clause 6.5.1 of Ext.P3 would show that the relaxation in the age range (17 - 22 years) can be extended in the case of Professional Colleges, where courses often range between four to five years. Going through Clause 6.5.1 of Ext.P3, the question that is to be considered is whether the College of the petitioners is a Professional College and not whether the petitioners are undergoing a course which can be described as a professional course. 9. Admittedly, the College in which the petitioners are studying has Degree courses in Arts and Science. For that W.P.(C)No.11030 of 2025 :7: 2025:KER:30413 reason, the College cannot be treated as a Professional College. In which case, the 6th petitioner also will not be entitled to the age relaxation as mandated in Clause 6.5.1 of Ext.P3. The writ petition is therefore without any merit and is dismissed. Sd/- N. NAGARESH JUDGE ams W.P.(C)No.11030 of 2025 :8: 2025:KER:30413 APPENDIX OF WP(C) 11030/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ELECTORAL ROLL PUBLISHED BY THE RESPONDENTS ON 10.3.2025 FOR THE ELECTION TO THE SENATE AND TO THE STUDENTS COUNCIL BY THE MEMBERS OF THE GENERAL COUNCIL OF THE KERALA UNIVERSITY UNION, 2024-25 Exhibit P2 TRUE COPY OF THE REPORT PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 11.03.2025 Exhibit P3 TRUE COPY OF THE RECOMMENDATION OF THE LYNGDOH COMMITTEE WHICH WAS ACCEPTED BY THE HON’BLE SUPREME COURT Exhibit P4 TRUE COPY OF REPRESENTATION SUBMITTED BY 1ST PETITIONER BEFORE THE RESPONDENTS, WHICH WAS RECEIVED ON 20.3.2025 Exhibit P4(a) TRUE COPY OF REPRESENTATION SUBMITTED BY 2ND PETITIONER BEFORE THE RESPONDENTS, WHICH WAS RECEIVED ON 20.3.2025 Exhibit P4(b) TRUE COPY OF REPRESENTATION SUBMITTED BY 3RD PETITIONER BEFORE THE RESPONDENTS, WHICH WAS RECEIVED ON 20.3.2025 Exhibit P4(c) TRUE COPY OF REPRESENTATION SUBMITTED BY 4TH PETITIONER BEFORE THE RESPONDENTS, WHICH WAS RECEIVED ON 20.3.2025 Exhibit P4(d) TRUE COPY OF REPRESENTATION SUBMITTED BY 5TH PETITIONER BEFORE THE RESPONDENTS, WHICH WAS RECEIVED ON 20.3.2025 W.P.(C)No.11030 of 2025 :9: 2025:KER:30413 Exhibit P4(e) TRUE COPY OF REPRESENTATION SUBMITTED BY 6TH PETITIONER BEFORE THE RESPONDENTS, WHICH WAS RECEIVED ON 20.3.2025 Exhibit P5 TRUE COPY OF IDENTITY CARD OF THE 1ST PETITIONER Exhibit P5(a) TRUE COPY OF IDENTITY CARD OF THE 2ND PETITIONER Exhibit P5(b) TRUE COPY OF IDENTITY CARD OF THE 3RD PETITIONER Exhibit P5(c) TRUE COPY OF AADHAR CARD OF THE 4TH PETITIONER Exhibit P5(d) TRUE COPY OF IDENTITY CARD OF THE 5TH PETITIONER Exhibit P5(e) TRUE COPY OF IDENTITY CARD OF THE 6TH PETITIONER RESPONDENT ANNEXURES ANNEXURE R1(a) THE TRUE COPY OF THE LETTER NO.ELECTION/CU/2024-25 DATED 05/09/2024 ANNEXURE R1(b) THE TRUE COPY OF THE REPLY LETTER NO.ELECTION/KUU/S/SC/2025 DATED 22/03/2025 SENT TO THE 1ST PETITIONER