LEXQORE | Legal News & Analysis
October 12, 2026 | Uttarakhand High Court

The Uttarakhand High Court has dismissed four writ petitions challenging the reservation of student union posts for women in colleges affiliated with Kumaun University, upholding the challenged affirmative-action policy under Article 15(3) of the Constitution.

Justice Ravindra Maithani considered the State Government’s authority to introduce measures aimed at improving women’s representation in student union elections. The Court also examined whether the absence of a formal amendment to the student union constitution invalidated the University’s decision.

Background of the Case

The dispute arose after the Uttarakhand Government communicated on September 17, 2026, regarding the provision of 50% reservation for female students in student union elections.

Kumaun University subsequently issued an order reserving certain student union positions for women. Four students challenged the government and university orders, arguing that the reservation had been introduced without following the prescribed statutory procedure and the amendment process under the student union constitution.

The petitioners also questioned the allocation of positions, contending that the arrangement did not achieve the proposed 50% reservation across student union posts.

Court’s Key Findings

The Court dismissed the petitions, addressing the following issues:

• Article 15(3): The constitutional provision permits the State to make special provisions for women and children, providing a basis for affirmative-action measures.
• Right to contest elections: The Court considered the legal distinction between a fundamental right and the right to contest an election under applicable rules.
• University’s authority: The University’s approval process and the role of its Executive Council were relevant to assessing the validity of the decision.
• Reservation percentage: The Court examined the challenge to the allocation of positions and the implementation of the proposed reservation.

Constitutional Significance

The ruling highlights the scope of Article 15(3) and its relevance to affirmative action in educational institutions. It also raises important questions about university governance, student representation and compliance with procedures governing student union elections.

The decision underscores the need to balance measures intended to improve women’s representation with the applicable statutory framework and institutional rules.

Conclusion

By dismissing the four writ petitions, the Uttarakhand High Court upheld the challenged measures concerning women’s representation in student union elections at Kumaun University-affiliated colleges.

The decision highlights the constitutional framework for affirmative action while emphasising the importance of lawful decision-making and compliance with applicable university governance procedures.

Case title: Mukesh Pandey & Others v. State of Uttarakhand & Others

Case numbers: WP (M/S) Nos. 2951, 2908, 2949 and 2950 of 2026.

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