JUDGMENT : 

VIKRAM AGGARWAL, J.

The instant contempt petition has been instituted under Sections 10 and 12 of the Contempt of Courts Act, 1971 (hereinafter referred to as ‘the 1971 Act’), alleging willful disobedience of the order dated 17.10.2025 (Annexure P-1) passed by a Division Bench of this Court in CWP-29440-2025.

2. CWP-29440-2025 was instituted by the petitioner (Jhulka College of Pharmacy and Health Sciences), under Article 226 of the Constitution of India, seeking a Writ of Certiorari quashing the order dated 05.06.2025 (Annexure P-12) whereby affiliation of D Pharm course to the petitioner instituted, was denied. A mandamus was also sought directing the respondents to grant affiliation to the petitioner in lieu of the permission already given by Central Council.

3. The writ petition came to be decided on 17.10.2025, with the following observations and directions:-

“xxx xxx xxx xxx

5. Having heard learned counsel for the parties, we find that the competent body to regulate the running of Pharmacy Colleges in India is the Pharmacy Council. This is so, as Pharmacy Council has been established primarily under the Pharmacy Act to regulate running of pharmacy Colleges. Law enjoins primacy to be accorded to the decision of Pharmacy Council of India in the areas regulated by it. We are therefore of the view that the petitioner-Institution having been granted approval by the Pharmacy Council of India ought to be allowed to run the Pharmacy course in terms of the decision of Pharmacy Council of India dated 19.08.2025.

6. However, the concerns expressed by Punjab State Board of Technical Education cannot be lightly brushed aside inasmuch as the career of large number of students is also at stake. In such circumstances, although we allow the petitioner-Institution to run the course in terms of the approval granted by the Pharmacy Council of India yet we deem it desirable to request the Pharmacy Council of India to conduct an early physical inspection of petitioner- Institution to ensure that necessary amenities are available with petitioner-Institution.

7. In view of above, we dispose of the present writ petition with the direction upon respondent No2. to pass appropriate consequential orders pursuant to the approval orders passed by the Pharmacy Council of India dated 19.08.2025 forthwith. In terms of such approval, the petitioner would also be permitted to admit students as are allowed by the Pharmacy Council of India. The Pharmacy Council of India shall also ensure that physical inspection of the petitioner-Institution is conducted at the earliest possible, preferably within a period of 02 months and shortcomings, if any, pointed out shall be rectified by the petitioner without unnecessary delay. Pharmacy Council of India shall also be at liberty to deal with such situation if any shortcoming is found on the part of the petitioner-Institution, in accordance with law.”

4. Alleging willful disobedience of the aforesaid directions, the instant contempt petition has been instituted. It has been averred that after the decision of the Writ Petition on 17.10.2025, the petitioner time and again sent representations to the respondents requesting for permission to conduct the process of admissions, but no reply was received. Reference has been made to repeated emails sent on 18.10.2025, 20.10.2025 and 21.10.2025 (Annexure P-2).

5. Eventually representation dated 22.10.2025 (Annexure P-3) was sent via email and also physically delivered to the respondents, which was duly received on 23.10.2025.

6. It has been averred that the petitioner was verbally informed that the respondents could not give any credential to conduct admissions even if they were held to be in contempt of the order of the Court. It has been averred that under these circumstances, the willful disobedience is clear.

7. The Contempt petition has been opposed by way of a reply in which it has been averred that there is no willful or deliberate disobedience of the directions containe