1. Strong exception has been taken and grievance has been raised by learned senior counsel appearing for the petitioner against the language used by the respondent in its reply affidavit dated 12/03/2012 filed in Special Civil Application No.971 of 2012.
2.The averments made in para-5 of the said reply affidavit are brought to the notice of the Court and the attention of the learned counsel appearing for the respondent university was also drawn to the said averments. The deponent who has made the affidavit on behalf of respondent university i.e. the Incharge Registrar of the respondent university has averred, inter alia, in para-5 of the said affidavit dated 12/03/2012 that:
"I say and submit that the petitioner college has therefore, no right whatsoever to grant admission after the admission process is over and his father no right to grant admission to any student on its own in the category of management quota without the scrutiny and approval of the respondent-University."
3. Since earlier directions issued by the Court were not complied with, the Court (Coram:R.M.Chhaya, J.) had, under order dated 0/5/03/2012 directed the respondents to show cause as to why steps under provisions of Contempt of Courts Act should not be initiated for willful discordance of the order dated 29/02/2012. While the said respondent has filed affidavit today and tendered apology so far as the observations made by the Court (Coram:R.M.Chhaya, J.) in the order dated 05/03/2012 are concerned, however, dispite the fact that the above quoted averments from their affidavit dated 12/03/2012 were shown to the learned advocate for the respondent university and also to the deponent, any apology has not been expressed by the deponent qua the said affidavit wherein above quoted averments are mentioned.
4. Today also, during the hearing further opportunity was granted to the deponent (who is present in the Court), however, learned advocate appearing for the respondent university and the deponent submitted that the respondent is not willing to delete the said averments and/or amend the affidavit properly so as to take out improper language used in the affidavit and has not offered any apology as well.
5. Under the circumstances it is considered appropriate to direct the registry to place the matter before the Hon'ble the Acting Chief Justice to consider as to whether the matter should be placed before the Division Bench where the subject of matters related to Contempts of Court Act, 1997 is assigned as per present roster.
(K.M.THAKER, J.) (ila)