1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO.66/2010 Sunil Gayaprasad Mishra ...Versus... The State of Maharashtra, through its Secretary, Home Department, Mantralaya, Mumbai – 32 and another --------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------- [Shri R.R. Shrivastava, Adv. (Amicus Curiae)] [Petitioner in person] [Shri N.W. Sambre, P.P. for respondents] CORAM:- MOHIT S. SHAH, C.J. & A.B. CHAUDHARI, J. DATED :- 08.09.2010 P. C. In this criminal writ petition the petitioner who is claiming to be a public spirited citizen of India has prayed for direction to respondent No.1 – State of Maharashtra to appoint Enquiry Committee and take action against the officers of Rashtra Sant Tukdoji Maharaj Nagpur University, Nagpur and other responsible persons, who are officers of Engineering Colleges, in so for as the University has allowed the students of the Engineering Colleges to appear in the examination without completing the study of 180 days. The petitioner has also prayed for direction to hand over the enquiry in the matter to the State C.I.D or C.B.I.. In the affidavit-in-reply filed by respondent No.2 – Police Station Officer, Sitabuldi, Nagpur, it is stated that the deponent had made enquiry with the officers of University in the matter and upon enquiry, it was found that the petitioner has already approached the Chancellor, Nagpur University, Nagpur for 2 redressal of his grievance about the non-compliance of the provisions of the Maharashtra University Act, 1994 and therefore, the deponent informed the petitioner by communication dated 21.09.2009 to pursue his grievance before the Chancellor, Nagpur University, Nagpur. The petitioner appearing in person has reiterated his submissions made in the memo of criminal writ petition. Having heard the petitioner in person and the learned Public Prosecutor, we are of the view that since the petitioner's case is about non-compliance of the provisions of the Maharashtra University Act and the Statutes thereunder under which the students are required to undergo study of 180 days before appearing in the examination, no case is made out for issuing any direction to the respondent – Police Officer for initiating the criminal proceedings against the concerned persons. It is clarified that the petitioner is at liberty to pursue the matter before the Chancellor, Nagpur University, Nagpur. If at all, the petitioner has any grievance, it is open to the petitioner to pursue the other appropriate remedy before the appropriate Forum. No case is made out for entertaining the present criminal writ petition. The same is, therefore, dismissed. CHIEF JUSTICE JUDGE SSW