Full Judgment Text
Crl.A. of 2011 @ SLP(Cr) 8741/2010
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 713 OF 2011
[ARISING OUT OF S.L.P. (CRL.) NO. 8741 OF 2010]
JAI NARAIN VYAS UNIV
JODHPUR TR. REGR. .. APPELLANT
vs.
STATE OF RAJASTHAN & ORS. .. RESPONDENTS
WITH
CRIMINAL APPEAL NO. 714 OF 2011
[ARISING OUT OF S.L.P. (CRL.) NO. 8742 OF 2010]
NIRMAL MEENA .. APPELLANT
vs.
STATE OF RAJASTHAN & ORS. .. RESPONDENTS
O R D E R
Leave granted.
We have heard the learned counsel for the parties.
While dealing with an application for quashing of a
First Information under Section 482 of the Code of
Criminal Procedure, the High court has made the following
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observations in its order of 17 October, 2010:
“Specific query was made from the
Registrar, JNV Univeristy, Jodhpur with
regard to academic atmosphere of the
University and affiliated
Crl.A. of 2011 @ SLP(Cr) 8741/2010
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colleges/educations institutions but,
unfortunately, no satisfactory answer has
been given by the Registrar. Upon the
query made by the Court with regard to
appointment of Lecturers/Asstt. Professors
int eh University, no satisfactory reply
has been given and it only emerges that
the Registrar has tried to put the
responsibility on the shoulders of the
State Government. Such type of atmosphere
in the educations institutions meant for
imparting higher education cannot be
countenanced. This Court cannot sit as a
silent spectator. Therefore, it is
strongly recommended to the State
Government that the present Registrar of
the JNV University should immediately be
replaced and, in her stead some other
responsible officer should be posted as
Registrar in the University well before
the next date of hearing.”
We are of the opinion that these observations were
not called for in proceedings under Section 482 of the
Code of Criminal Procedure and if such directions were
required they ought to have been made on the basis of a
writ petition by an aggrieved party or by way of a Public
Interest Litigation. We, accordingly, direct that the
observations quoted above need to be expunged from the
th
order dated 17 October, 2010.
We are also told that purusant to the observations
of the High Court the Registrar of the University has
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been transferred. The transfer order dated 15 october,
2010 has been put on record by way of a Criminal
Miscellanous Application in Criminal Appeal No.
Crl.A. of 2011 @ SLP(Cr) 8741/2010
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arisng out of SLP(Crl) 8742/2010. We had also directed
status quo with regard to the transfer order vide order
st
dated 21 October, 2010. We, accordingly, have nothing
more to say On this and leave it open to the Chancellor
of the University or any other appropriate authority to
deal with the matter of transfer in accordance with law.
The appeals stand disposed of in the above terms.
.......................J.
(HARJIT SINGH BEDI)
.......................J.
(CHANDRAMAULI KR. PRASAD)
New Delhi,
March 11, 2011.