HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Contempt Petition No. 3/2026 In D.B. Special Appeal Writ No.663/2015 Dr. Madhu Jain Daughter Of Khem Chand Jain D/o Khem Chand Jain, Aged About 59 Years, R/o K-70A, Madan Villa, Krishan Ganj, Ajmer, Rajasthan - 305001.

----Petitioner Versus

1. Dr. Om Prakash Bairwa, Commissioner, College Education Block -4, Shiksha Sankul, Jawahar Lal Nehru Marg, Jaipur

302015, Rajasthan

2. Sh. Shri Kuldeep Ranka, Additional Chief Secretary Higher And Technical Education Government Secretariat, Jaipur, Rajasthan.

3. State Of Rajasthan, Through Secretary, Department Of Higher Education, Government Secretariat Jaipur, Rajasthan.

4. Management Comitee Shri Pragya Mahavidyala, Through Its Secretary, Shri Pragya Mahavidyala, Ajmer Bijainagar, Rajasthan 305624.

----Respondents For Petitioner(s) : Mr. Himanshu Kala for Mr. Ajatshatru Mina For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

10/02/2026

1. Though, the contempt petition has been listed in the defect’s category, however, on the prayer of counsel for petitioner, the petition has been heard finally.

2. In the contempt petition, petitioner has alleged disobedience of the final judgment dated 06.11.2015 passed in DB Special Appeal (Writ) No. 663/2015: State of Rajasthan & Anr. vs.

The Management Committee Sh. Bhagwan Das Todi College qua petitioner.

3. Indisputably, the petitioner did not file any appeal before the Rajasthan Non-Government Educational Institutions Tribunal or writ petition before the High Court, for adjudication of her dues, and has preferred this contempt petition, alleging disobedience of the directions issued in case of Bhagwan Das Todi (supra).

4. At the outset, counsel for petitioner does not dispute that the issue of disobedience as raised in these contempt petition, is squarely covered by the order dated 21.08.2025 passed by the Coordinate Bench in D.B. Civil Contempt Petition No. 1666/2018: Dr. Anil Kumar Mathur Vs. Mr. Ashutosh A.T. Pednekar, Commissioner, College Education & Special Secretary and other connected matters, hence, it has been prayed that the contempt petition may also be disposed of in terms of order dated 21.08.2025.

5. We have gone through the order dated 21.08.2025 passed in case of Dr. Anil Kumar Mathur (supra), wherein the Coordinate Bench of this High Court has dismissed the contempt petitions, after following the dictum of the Hon'ble Supreme Court delivered in cases of J.S. Parihar Vs. Ganpat Duggar & Ors.[(1996) 6 SCC 291] and Snehasis Giri Vs. Subhasis Mitra [(2023) 18 SCC 529]. We deem it apposite to reproduce the relevant part of discussion and findings of the Coordinate Bench as under:

"12. We are reminded of the judgment passed by the Supreme Court in the case of J.S. Parihar Vs. Ganpat Duggar and Others-(1996) 6 SCC 291, wherein three Judges bench of the Supreme Court has observed as under:-

“6. The question then is whether the Division Bench) was right in setting aside the direction issued by the learned single Judge to redraw the seniority list.

It is contended by Mr. S.K. Jain, learned counsel appearing for the appellant, that unless the learned Judge goes into the correctness of the decision taken by the Government in preparation of the seniority list in the light of the law laid down by three Benches, the learned Judge cannot come to a conclusion whether or not the respondent had wilfully or deliberately disobeyed the orders of the Court as defined under Section 2(b) of the Act. Therefore, the learned single Judge of the High Court necessarily has to go into the merits of that question. We do not find that the contention is well founded. It is seen that, admittedly, the respondents had prepared the seniority list on 2.7.1991 Subsequently promotions came to be made. The question is whether seniority list is open to review in the contempt proceedings to find out, whether it is in conformity with the directions issued by the earlier Benches.