-1- mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.2525 of 2008 Amar Chandrakant Machale ..Petitioner vs. Union of India and anr. ..Respondents Mr.J.K.Jadhav i/b Mr.S.R.Mithase for petitioner Ms.S.V.Bharucha with Mr.N.R.Prajapati for respondent no.1. CORAM: CORAM: CORAM: J.N.PATEL & J.N.PATEL & J.N.PATEL & S.J.KATHAWALLA S.J.KATHAWALLA S.J.KATHAWALLA JJ. JJ. JJ. 20th November, 2008 20th November, 2008 20th November, 2008 P.C. P.C. P.C. 1. The petitioner has approached this Court invoking its extra ordinary writ jurisdiction seeking direction against respondent no.2 to issue full time degree in M.B.A. 2. It is the case of the petitioner that he applied for admission to M.B.A. (Master of Business Administration course) with respondent no.2 college of one year duration on the representation and assurance that by joining the said degree course he will be eligible to have M.B.A.degree (full time). -2- 3. Therefore, petitioner finds himself at loss and being cheated by respondent no.2 by not issuing the full time M.B.A.degree certificate. 4. In our view, we will not be able to exercise our writ jurisdiction against respondent no.2 which is a private institution though prima facie it appears that respondent no.2 institution is running such course and lure the students into taking admission on the false representations. 5. Remedy of the petitioner lies in the civil court in claiming damages and the petitioner, if so advised, may file criminal complaint against respondent no.2. We, therefore, grant liberty to the petitioner to seek remedy available to him in the civil and criminal court. Petition stands dismissed. (S.J.KATHAWALLA J.) (J.N.PATEL J.) (S.J.KATHAWALLA J.) (J.N.PATEL J.) (S.J.KATHAWALLA J.) (J.N.PATEL J.)