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2025 Supreme(RAJ) 1018

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
Mr. Manindra Mohan Shrivastava, CJ, Mr. Uma Shanker Vyas, J
SMT. SANDHYA KHARE W/O SH. D.K. KHARE – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CCP / 922 / 2024



Advocates:
Ms. Nishita Gambhir for Mr. Javed Khan, Mr. B.S. Chhaba, AAG with Mr. Hardik Singh, Mr. Devendra Sharma, Mr. Ntiesh Pareek

The court emphasized the obligation of the Commissioner, College Education, to comply with prior orders regarding the release of dues and report compliance, reinforcing the authority of the court's directives.

Headnote:(A) Contempt of Court - Allegations of willful disobedience of a court order dated 06.11.2015 - The court directed the respondents to consider the case of the petitioners and comply with previous directives regarding the release of dues. The compliance must be reported to the court. (Paras 1-4)

(B) Compliance with Court Orders - The obligation of the Commissioner, College Education to release dues and report compliance - Clear orders are mandated for each contempt petitioner. (Paras 3-4)

Facts of the case:
The contempt petition alleges non-compliance with an earlier court order. The court has directed the consideration of the petitioners' case in light of prior rulings regarding the release of dues.

Findings of Court:
The court disposed of the contempt petition while allowing the petitioners to revive it if grievances remain unaddressed.

Issues: The main issues addressed were the compliance with previous court orders and the obligations of the Commissioner, College Education.

Ratio Decidendi: The court emphasized the necessity for compliance with its orders and the obligation of authorities to provide information for ensuring adherence.

Result: Contempt petition disposed of with directions.

Order :

1. The contempt petition has been filed alleging willful disobedience of an order passed by this Court on 06.11.2015.

2. The order passed by this Court was a judgment in rem.

3. The respondents shall consider the case of the petitioners. Instead of issuing notice on contempt, we are inclined to dispose of this petition with a direction that the case of the petitioners shall also be examined in terms of an order dated 01.12.2021 passed by this Court in the case of Shri Banwari Lal Bhukar & Anr. vs. Anoop Khinchi & Ors.- D.B. Civil Contempt Petition No.740/2016 and other connected matters wherein this Court had given detailed directions as below:-

“1. It shall be an obligation on the part of the Commissioner, College Education to immediately release the dues payable to the petitioners as per the directions issued by this Court from time to time and the directions which have already been issued by the Hon’ble Supreme Court on 09.09.2021 in the case of State of Rajasthan Versus Manju Saxena & Ors., Special Leave to Appeal (c) No.13791/2019 , wherein, the Hon’ble Supreme Court had directed compliance to be made within a period of eight weeks.

2. A brief, but clear order regarding compliance of the order in respect of each of the contempt petitioners will have to be passed by the concerned Directorate within a period of ten weeks from today.

3. The orders in respect of each of the contempt petitioners, which are required to be passed clearly stating compliance of the order, shall be reported directly to the Registry of this Court, which shall be placed before this Court under a separate registered case.

4. With the aforesaid observations and directions, this contempt petition, at this stage, is disposed off, however, with liberty to revive, if any grievance still remains unredressed.”

4. All the authorities including the Secretariat of the Department of College Education as also the private school education officials shall be under an obligation to provide necessary information, if any demanded by Commissionerate of College Education, towards compliance of the order which was passed earlier by this Court and in the case referred to hereinabove.

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