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IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE ROHIT ARYA

&

HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH

ON THE 11^th OF MAY, 2023

WRIT PETITION NO. 11164 OF 2023

BETWEEN:-

1.

K.P. SINGH ADVOCATE S/O SHRI D.P.

SINGH, AGED : 72 YEARS, OCCUPATION :

MEESA-BANDI PENSIONER, R/O C-63,

GOVINDPURI,

GWALIOR

(MADHYA

PRADESH)

2.

ANOOP AGARWAL S/O LATE SHRI K.L.

AGARWAL, AGED : 55 YEARS,

OCCUPATION : BUSINESS, R/O 105,

AMALTAS BUILDING, GREEN GARDEN,

CITY CENTER, GWALIOR (MADHYA

PRADESH)

….....PETITIONERS

(BY SHRI JITENDRA SHARMA – ADVOCATE )

AND

1.

STATE OF MADHYA PRADESH THROUGH

PRINCIPAL

SECRETARY,

HIGHER

EDUCATION

DEPARTMENT,

GOVERNMENT OF MADHYA PRADESH,

VALLABH BHAWAN, BHOPAL (MADHYA

PRADESH)

2.

JIWAJI UNIVERSITY, CITY CENTER,

GWALIOR THROUGH ITS REGISTRAR,

GWALIOR (MADHYA PRADESH)

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3.

SUPERINTENDENT OF POLICE, DISTRICT

GWALIOR (MADHYA PRADESH)

4.

S.H.O.

POLICE

STATION,

VISHVAVIDHYALAY, GWALIOR (MADHYA

PRADESH)

….....RESPONDENT

(BY SHRI M.P.S. RAGHGUVANSHI – ADDITIONAL ADVOCATE GENERAL

WITH SHRI A.K. NIRANKARI - ADVOCATE)

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This appeal coming on for admission this day, Hon'ble Shri

Justice ROHIT ARYA passed the following:

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ORDER

Petitioner No.1 Shri K.P.Singh, S/o Shri D.P.Singh aged about

72 years styles himself as an Advocate along with one Anoop

Agrawal a businessman, who are before this Court through instant

pro bono publico writ petition under Article 226 of the Constitution

of India seeking indulgence in the form of directions to order for CBI

enquiry in the matter of examinations conducted by the Jiwaji

University/respondent No.2 for B.Sc. nursing for the academic year

2018-2019.

2.

Shri M.P.S. Raghuvanshi, Additional Advocate General with

Shri A.K.Nirankari, Government Advocate, on advance notice, points

out that petitioner No.1 had earlier approached this Court earlier

seeking indulgence in the matter of consideration of his

representation dated 03.02.2021 by the Kuladhipati, Jiwaji

University, Gwalior by filing W.P. No. 6926/2021. The representation

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was since already decided on 02.09.2021, this Court closed the writ

petition on 14.02.2022 as infructuous.

3.

Shri Raghuvanshi further submits that by adding one

businessman as the petitioner, petitioner K.P.Singh has now again

approached this Court in the context of the subject matter of

representation dated 03.02.2021 which has already been decided on

02.09.2021. Petitioner has not disclosed the fact of earlier W.P.

No.6926/2021 and the order dated 14.02.2022 disposing of the

petition. To bolster his submissions, Shri Raghuvanshi refers to the

contents of Paragraph 3.9 of the writ petition. The same is quoted

below:-

3.9

That, the complaints/ representations of

the aforesaid mass illegalities and big scam were

made by the petitioners to the chancellar under

Section 13(4) of the Vishvidhyalay Adhiniyam who

opined that there has been a big corruption in the

aforesaid scam and false mark sheets have been

issued which is a serious financial irregularities in a

quid pro quo manner, as such F.I.R. should be

registered but the representation made by the

petitioner no.1 under section 13(4) of Adhiniyam,

1973 was disallowed. Copies of the said

representations and a copy of the order issued by

Hon'ble Chancellor is filed herewith and marked as

Annexure- P/7 (Colly).

4.

Shri Raghuvanshi submits that a bare reading of the said

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pleading, suggests that the Chancellor of the University under Section

14(3) [not 13(4)] of the Madhya Pradesh Vishwavidyalaya Adhiniyam,

1973 (in short “Adhiniyam”) has opined that there has been big

corruption in the alleged scam and false marksheets have been issued,

which is