Patna: The Patna High Court on Wednesday restored the candidature of elected Patna University students' union president Divyanshu Bhardwaj, saying that proper mechanism was not followed.
Divyanshu won the president's post as an Independent in the students' union election on February 17. However, following complaints that his admission in BN College was fake, the candidacy was cancelled following an inquiry committee report.
The single bench of Justice Chakradhari Sharan Singh on Wednesday restored Divyanshu's candidacy.
Divyanshu's counsel Anil Kumar Sinha contended that due process was not followed. Sinha said the Patna University Act, 1976, has statutes that lay down in detail the procedure for election and any grievance redress mechanism. However, Sinha contended, that the Patna University vice-chancellor unilaterally cancelled Divyanshu's claim.
The inquiry committee set up to probe the candidacy said in its report "it is found very apparently that his candidature for the post of president has no academic arrear and from that point of view, his candidature was valid. However, his candidature is not tenable because he took admission in the Himalayan University, Itanagar, in the same academic session (2014-17) during which he was the student of BN College, Patna University, Patna. It is clear cut violation of the UGC directives".
On March 22, the judge said: "On the basis of what has been stated in the writ application and the documents which have been brought on record, I am, prima facie, satisfied with the submissions, so advanced on behalf of the petitioner.... I am allowing the University one week's time for responding to the statements."
Dissatisfied with the counter affidavit, the bench set aside the cancellation of Divyanshu's candidature.