File GRC report within 2 months: HC on JNU decision restraining JNUSU office bearers

The Delhi High Court on Wednesday stayed the decision of Jawaharlal Nehru University (JNU) authorities restraining the elected officer bearers of the varsity's students union from attending welfare meetings of various committees or councils. Justice Yogesh Khanna directed the Grievance Redressal Cell (GRC) to look into the alleged non-compliance of Lyngdoh Committee recommendations by Jawaharlal Nehru University Students' Union(JNUSU) office bearers which could lead to nullification of election and said that the university cannot allege breach of recommendations after the polls when the students have submitted that they followed past practices.

The high court directed that the GRC report be filed before it within two months posted the matter for further hearing on July 17. "No format was ever prescribed to the students prior to elections as to how and in what manner they need to submit their election expenses, hence they, allegedly followed the past practices. Neither the university ever demanded original bills since 2012 nor those be of GST compliances, but allegedly demanded it for the first time in 2018-19 and that too after the results were declared," the court said.

It added that "now if the university was to change its past practice it ought to have put the students to advance notice qua their duty to file separate accounts, submit original bills, with GST number etc. Prima facie, after the elections the University cannot, allege breach of Lyngdoh recommendations. None of the letters relied upon by the University were addressed to contesting candidates." The court's interim order came on a plea by JNUSU challenging the decision of varsity authorities not to notify the elected members and preventing them from carrying out their responsibilities towards students.

JNUSU president N Sai Balaji and other office bearers, in the petition, said they are aggrieved by the "arbitrary and illegal acts" of the university and dean of students in illegally obstructing their participation in the various committees/councils set up under the JNU Act, 1966, statutes and ordinances citing the specious reason of non-issuance of the requisite notification. The petitioners are the elected office-bearers of the JNUSU for the academic year 2018-2019 and had won the elections conducted on September 14, 2018.

The court, in its order, further said much reliance is though placed by the university on certain clauses which said that the election of the candidates shall be nullified in the event of its non-compliance or if excessive expenditure is incurred, but it is equally important to know who shall decide such non-compliance. "The answer is the GRC, as per the recommendations. The arguments of the university that the petitioner ought to have approach the redressal cell, is misconceived since the complaint is made against the union and not by the union.

"Thus, without referring the issue of expenses to the GRC, the (executive) council on its own could not have restrained the JNUSU from attending various committee meetings meant for students' welfare," it said. The court also issued notice to the JNU administration and asked them to file their response to the petition within six weeks. The court directed the GRC to consider if, as per the Lyngdoh committee recommendations, the candidates committed default in non-filing of the certified accounts. The GRC will also look into the manner in which such accounts were being filed since 2012 till last year and thereafter to decide if there was any non-compliance on giving the student's union a right of hearing, it said.

"A bare perusal of the recommendations would reveal the Supreme Court never asked for audited accounts and rather required filing of certified accounts, which in fact were submitted in the same manner as were being submitted since the year 2012 and as lately as in 2016 and in 2017," it said. During the hearings earlier, JNU administration had alleged that despite repeated reminders JNUSU failed to submit its accounts of expenditure and hence the 2018-19 elections were never notified.

The plea has sought direction declaring the petitioners to be elected office bearers to JNUSU. It has also sought to declare that the Dean of Students has no powers under the Lyngdoh Committee Recommendations to recognise/de-recognise/nullify the elections to JNUSU which are held annually at the university. The plea has said that the authorities be directed to give wide publicity by publishing information regarding the newly elected office bearers of JNUSU on official notice boards and website.