1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CIVIL REVISION APPLICATION NO. 38/2010 Rashtrasant Tukdoji Maharaj Nagpur University ..versus.. Dr. Dnyaneshwar Shamrao Kadhao =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-== Mr. B.G. Kulkarni, counsel for Applicant. Mr. V.P.Marpakwar, counsel for respondent NO.1.. Mr. A.S.Agrawal, counsel for Respondent nos. 2 & 3 C ORAM : K.U.CHANDIWAL, J. DATED : 9th JULY, 2010. Heard. 2) The aggrieved member of a faculty was suspended by his parent institution and owing to such suspension, the University kept his membership in the Board of Studies and other authorities in abeyance. This action of the University, prima facie, need not be faulted. However, without adverting to these aspect, the fact remains, in terms of Section 108 of the Maharashtra Universities Act, 1994, the forum available to the aggrieved plaintiff was before the Chancellor established under the said Act. 3) Rushing to the court that too seeking declaration against the action of University was subliminal in its nature. The action of University dated 2 14. 1.2010 as stated above, was owing to the suspension initiated by Gondia Education Society, dated 29 th December, 2009. 4) Consequently, the filing of suit seeking relief of declaration against the University is not maintainable. The proceedings should have been referred before the Hon'ble Chancellor. The action is uncalled for. The plaint, therefore, needs to be returned to the plaintiff to prosecute the relief before the competent forum. 5) The order of learned Judge under challenge is set aside. The learned Judge shall pass appropriate order below Exh.1 in R.C.S. No. 66/2010 and return the plaint to the plaintiff to prosecute it before the competent forum. The plaintiff to approach learned Judge on or before 20 th July, 2010. C.R.A. allowed. No costs. (K.U.Chandiwal) JUDGE. Rvjalit