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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Jhulka College of Pharmacy and Health Sciences – Appellant
Versus
Moneesh Kumar – Respondent
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
Willful disobedience of court orders constitutes contempt of court and may result in fines or imprisonment.
The pendency of a writ appeal does not absolve the respondents from complying with the court's order, unless a stay of the order has been obtained from the appellate court.
In contempt proceedings, the court has limited jurisdiction and cannot adjudicate claims beyond compliance issues as defined in prior orders, reaffirming the need for independent adjudication in sepa....
Non-compliance in contempt proceedings must be willful and intentional; administrative delay does not constitute contempt.
Contempt proceedings cannot determine individual claims without prior adjudication; the court's role is limited to assessing willful disobedience of specific orders.
Wilful disobedience, as an essential element of civil contempt, requires a high standard of proof beyond reasonable doubt and involves a mental element of intentional, conscious, and calculated condu....
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