HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6072/2021 Abhishek Joshi & Ors.

----Petitioners Versus Union Of India & Ors.

----Respondents Connected With

1. S.B. Civil Writ Petition No. 13379/2020

2. S.B. Civil Writ Petition No. 5616/2021 3. S.B. Civil Writ Petition No. 5629/2021 4. S.B. Civil Writ Petition No. 5632/2021 5. S.B. Civil Writ Petition No. 5641/2021 6. S.B. Civil Writ Petition No. 5708/2021 7. S.B. Civil Writ Petition No. 5806/2021 8. S.B. Civil Writ Petition No. 5869/2021 9. S.B. Civil Writ Petition No. 5998/2021

10. S.B. Civil Writ Petition No. 9972/2021 11. S.B. Civil Writ Petition No. 9850/2025 For Petitioner(s) : Ms. Twinkle Purohit with Mr. Devi Singh Mr. Himanshu Shrimali Mr. Harish Jangid Mr. Prithviraj Dewal for Mr. Vipul Singhvi Mr. J.S. Bhaleria with Mr. Deepak Pareek For Respondent(s) : Mr. Rajesh Panwar, AAG with Mr. Monal Chugh Mr. Ravindra Puri and Mr. Rakesh Sharma Mr. T.C. Sharma, CGC for Mr. Bharat Vyas, ASG Mr. Prithvi Raj Singh Jodha for Mr. Himmat Singh Mr. D.D. Chitlangi Mr. N.K. Mehta, Dy.G.C.

HON'BLE MS. JUSTICE REKHA BORANA

Order

13/01/2026

1. On 06.01.2026, this Court while keeping into consideration its earlier orders dated 04.12.2025 and 06.02.2025, specifically observed that no affidavit in pursuance to order dated 04.12.2025 was filed and hence no further time to comply with order dated 06.02.2025 would be granted. On that date, the Principal Secretary, Department of Personnel was directed to remain present before the Court on 13.01.2026 i.e. today, to explain as to why the orders of the Court have not been complied with.

2. It was further observed that if no sufficient explanation is furnished, the Court would proceed on to pass appropriate orders of contempt qua the erring officer.

3. Today, an application seeking exemption from personal appearance of the Secretary, Department of Personnel has been filed. The reason assigned by the applicant for inability to remain personally present before this Court is that she is busy with certain important departmental meetings and pre-budget consultations with various employees’ unions which are time bound and unavoidable in nature. However, no document, whatsoever, in support of the said averment has been filed.

4. Vide the above application, it has also been submitted that the meeting as directed to be convened vide order dated 06.02.2025 had been convened on 12.01.2026 in pursuance to communication/order dated 09.01.2026 (Annex.A-1). However, the minutes of the said alleged meeting have not been placed on record and it has been averred that the same would be placed on record on the next date.

5. In view of the above facts, it is crystal clear that the respondent Authorities are not under any inclination to abide/comply with the orders of the Court. It is incomprehensible as to why the meeting was not convened on a date appropriate so as to place on record the minutes of the said meeting.

6. The application seeking exemption from personal appearance is therefore rejected as the Court does not deem the reason assigned by the applicant to be a plausible one.

7. Let the notices of contempt be issued to the Secretary, Department of Personnel to show cause as to why he/she be not punished for non compliance of orders dated 06.02.2025, 04.12.2025 and 06.01.2026 passed by the Court.

8. Office is directed to register a regular contempt petition for the purpose.

9. Let the present matters be listed on 23.01.2026.

10. On the said date, respondent No.2-Secretary, Department of School Education shall remain present before the Court and explain as to why the orders of the Court have not been complied with.

11. The above direction has been issued in view of the fact that in the application submitted today, it has been averred that it is the Education Department which is the nodal Department for the subject matter in question.

(REKHA BORANA),J

91-102-manila/-