High Court Upholds Delhi University’s Decision To Relax Upper Age Limit For Candidates Participating In Student’s Union Elections

The Delhi High Court has upheld the decision of the Delhi University to relax the upper age limit for undergraduate and postgraduate student candidates participating in Delhi University Student’s Union for the current academic year.

A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said that a one-time age relaxation has been granted for candidates as the elections were being held after a hiatus of three years due to COVID-19 pandemic.

“In light of these extraordinary circumstances, the Executive Council of DU resolved to adjust the maximum age limit for undergraduate and postgraduate students contesting the DUSU elections for the academic year 2023-24 to 25 years and 28 years, respectively. It is evident that the COVID-19 pandemic could have created educational gaps for many students, causing them to exceed the prior age limits for election eligibility. The Court finds this rationale, invoked by DU’s Executive Council, to be sound and well-reasoned,” the court said.

The bench dismissed a PIL filed by an alumnus of the varsity. He challenged a notice issued by Delhi University’s Chief Election Officer on August 27 extending the upper age limit for undergraduate students from 22 years to 25 years, and for postgraduate students from 25 years to 28 years.

“The age relaxation in this case serves as an inclusive measure, enacted in response to the exceptional circumstances precipitated by the COVID-19 pandemic, enabling a greater number of students to engage in the democratic process. Given these reasons, the Court sees no reason to equate the cited precedents with the situation presently before us,” the bench said.

The court also said that it will an abuse of the process of law to label the plea as a PIL. It added that the issue of relaxation of age limits for election candidates does not inherently pose any detriment to public interest or the democratic election process.

“The Petitioner posits a theory that extending the age limit will give rise to an escalation in incidents of violence and hooliganism. However, this claim lacks empirical evidence or a reasoned basis to establish a causative link between the age relaxation and the adverse outcomes projected,” the court said.

It added, “Furthermore, the allegations of ‘forceful entry into academic institutions’ or ‘rampant display of financial and muscle power play’ are speculative in nature, and bereft of substantiating data. No reliable or compelling documentation has been presented to this Court to demonstrate that an alteration in age eligibility would culminate in such negative repercussions.”

Petitioner appeared in person.

SGI Tushar Mehta, along with Advocates Mohinder J.S. Rupal, Hardik Rupal and Sachpreet Kaur appeared for despondent.

Title: Harish Kumar Gautam v. University of Delhi

Citation: 2023 LiveLaw (Del) 861