SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(RAJ) 1019

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. MANINDRA MOHAN SHRIVASTAVA, CJ, MR. JUSTICE UMA SHANKER VYAS, J
VANDANA JOSHI D/O SHREE BHAGWAT SHARAN SHARMA – Appellant
Versus
DR. ARUSHI MALIK SECRETARY TO THE GOVT. – Respondent
CCP / 931 / 2024



Advocates:
Mr. Ishwar Jain for Petitioner(s), Mr. B.S. Chhaba, AAG with Mr. Hardik Singh, Mr. Tarun Kumar Mishra for Respondent(s)

Court emphasized the obligation of compliance with prior orders, establishing a clear directive for the Commissioner, College Education to release dues to petitioners.

Headnote:(A) Contempt of Court - Allegations of willful disobedience of a court order dated 06.11.2015 - The court directed the examination of the petitioners' case in accordance with prior orders issued in related matters - The court emphasized the obligation of the Commissioner, College Education to release dues as per earlier directives. (Paras 1, 3)

(B) Compliance - The court mandated a clear order regarding compliance for each contempt petitioner, to be reported to the Registry for review - The petition was disposed of with liberty to revive if grievances remained unaddressed. (Paras 3, 4)

Facts of the case:
The petitioners alleged disobedience of a court order regarding their dues, prompting the court to direct compliance with prior judgments including those by the Supreme Court.

Findings of Court:
The court did not issue contempt notice but directed compliance with previous orders and established a reporting mechanism for the same.

Issues: The main issue was whether the respondents had willfully disobeyed the court's order and the appropriate steps for compliance.

Ratio Decidendi: The court ruled that compliance with earlier orders is essential and established a clear obligation for the Commissioner, College Education to act promptly.

Result: Contempt petition disposed of with directions for compliance.

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.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top