JUDGEMENT
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(1.) LEAVE granted.
We have heard the learned counsel for the parties.
(2.) 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 observations in its order of 17th October, 2010:
"Specific query was made from the Registrar, JNV University, Jodhpur with regard to academic atmosphere of the University and affiliated 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 in the 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 order dated 17th October, 2010.
(3.) WE are also told that pursuant to the observations of the High Court the Registrar of the University has been transferred. The transfer order
dated 15th October 2010 has been put on record by way of a Criminal
Miscellaneous Application in Criminal Appeal No.
arising out of SLP(Crl) 8742/2010. We had also directed status quo
with regard to the transfer order vide order dated 21st 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.;
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