JUDGMENT :

Goutam Bhaduri, J,

1. Heard I.A.No.1/2022 application for waiver of locus-standi as also on admission.

2. By this petition filed under Article 226 of the Constitution of India, the petitioners have sought direction commanding all the private Universities in the State of Chhattisgarh to submit proof of compliance with the provisions contained in their respective Ordinances as well as guidelines issued by the UGC from time to time, with reference to conduct of examinations, enrollment and preparation and issuance of mark-sheets within a stipulated period. The petitioners also sought further direction to investigate the matter by C.B.I., register the FIR and to monitor the investigation/progress by the High Court.

3. The petitioners who claim to be RTI Activists have submitted that the Chhattisgarh Legislature enacted the Chhattisgarh Private Universities (Establishment and Operation) Act 2005 to establish self-financed private universities for promoting higher education in the State and accordingly respondent No.3 MATS University and respondent no.4 ISBM University opened in State of Chhattisgarh. The petitioners have alleged that certain mal-practices are being adopted by the private universities as according to them, they are selling the mark-sheets to the persons who never enrolled with them and fabricated certificates for Diploma in Computer Application (DCA) were illegally issued by the MATS University and ISBM University. The petitioners contend that they could only lay hands on a photocopy of the said certificates. It was stated that a duplicate copy from the MATS University was issued in favour of Dr. Vinay Jaiswal, which was published in the media and the MATS University has issued the same despite the fact he has never studied there. Likewise, in respect of respondent no.4 ISBM University, it is alleged that it has issued a fake certificate of Diploma in Computer Applications (DCA) to a convict Balram, son of Chetan Sahu while he was undergoing life sentence in Central Jail since 29.01.2004 and having enquired about the same, it came to the notice and the University has admitted to have issued such mark sheets. Therefore, in order to curb the menance of fake certificates by recognized Private Universities the petitioner were compelled to take recourse to initiation of criminal proceedings before the Police Station but despite making out prima facie case, the complaint was not taken cognizance and after the enquiry it was closed by the Police.

4. The petitioners, therefore, would contend that the higher education system in the State is marred with corrupt practice with utter violation of the rules and regulations and likewise allegations have been levelled in respect of other Private Universities. It is submitted that the Private Universities established under the Act are required to adhere to follow strict norms with respect to admissions, minimum attendance criteria, conduct of examinations and maintaining records of total number of students enrolled, conferral of certificates etc., and instead the private Universities in the State of Chhattisgarh have resorted to selling mark-sheets and issuance of fake and back-dated certificates, therefore, it is submitted that since the Universities are performing the public duties, as such, they are bound to follow the ordinance and norms and in order to regulate the mechanism and eradicate the menace of selling mark-sheets and fake certificates, the investigation by CBI and monitoring the progress thereof by this Court was prayed.

5. Before the case was admitted for hearing the preliminary submission of parties were thought to be considered.

6. Return on behalf of the State has been field. The State has denied all the allegations made by the petitioners. It is stated that for the purpose of providing a regulatory mechanism at State Level and for working as an interface between the state Government and Regulatory bodies and to ensure appropriate standard of education, regulat