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2025 DAILYLAW 25797 (RAJ)

SMT. MITHLESH GARG W/O SHRI MAHESH CHANDRA GUPTA v. THE STATE OF RAJASTHAN

CW/11343/2025 · 2025-07-29

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:28541] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11343/2025 Smt. Mithlesh Garg W/o Shri Mahesh Chandra Gupta, Aged About 70 Years, R/o Vedant Gyaan Valley, Village Jharna, Mahla- Jobner Link Road, Jaipur-Ajmer Express Way Nh-08, Jaipur (Raj.) (Presently Chairperson Of Jayoti Vidyapeeth Womens University, Jaipur). ----Petitioner Versus 1. The State Of Rajasthan, Through The Additional Chief Secretary, Department Of Higher And Technical Education (Group-4), Government Secretariat, Jaipur (Raj.). 2. The Joint Secretary, Department Of Higher Education (Group-4), Government Of Rajasthan, Government Secretariat, Jaipur (Raj.). 3. Jayoti Vidyapeeth Womens University, Jaipur, Having Its Campus And Office At Vedant Gyan Valley, Village Jharna, Mahla Jobner Link Road, Nh-8 Jaipur Ajmer Express Way, Jaipur, Rajasthan, Through Its Registrar. ----Respondents For Petitioner(s) : Mr. Anshuman Saxena For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 29/07/2025 1. The instant writ petition has been filed by the petitioner with the following prayer:- 1) to quash and set aside the ongoing proceedings conducted by Respondent No. 1 & 2 against the Petitioner for removal of the Petitioner from the post of Chairperson of the Jayoti Vidyapeeth Women's University, Jaipur in pursuance of application sent by Vidushi Garg false facts and fabricated documents and reflects from the letter dated 02.04.2025 (Annexure-9). [2025:RJ-JP:28541] (2 of 3) [CW-11343/2025] 2) to pass any other order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case in favour of the petitioner. 2. By way of filing this writ petition, the petitioner is seeking direction against the respondents not to take any action on her removal from the post of Chairperson of the Jyoti Vidyapeeth Women’s University, Jaipur. 3. Counsel for the petitioner submits that the petitioner was appointed on the post of the Chairperson of the aforesaid University by the Joint Secretary, Department of Higher Education, Government of Rajasthan vide order dated 02.02.2022 for a period of five years. Counsel submits that the said period has not even expired and in the meantime, some complaint has been filed on account of family dispute between the parties for removal of the petitioner from the post of Chairperson of the University. Counsel submits that certain correspondences have been made between the Government and the Registrar of the University, so there are chances that an ex-parte order could be passed against the petitioner for her removal, hence under these circumstances, interference of this Court is warranted. 4. Heard and considered the submissions made at Bar and perused the material available on record. 5. Perusal of the record indicates that till date, no action has been taken against the petitioner and simply on the basis of the complaint made by one Vidushi Garg, some correspondences have been made between the officials of the University with the State and under the apprehension of her removal, the petitioner has approached this Court. [2025:RJ-JP:28541] (3 of 3) [CW-11343/2025] 6. It is the settled proposition of law that without having any cause of action and simply on the basis of apprehension, this petition is not maintainable, hence this petition is found to be premature and the same is hereby dismissed. 7. However, the petitioner would be at liberty to approach the authorities concerned and she can submit her reply. It is expected from the authorities concerned to consider her reply before passing any adverse order against her. 8. In case, any adverse order is passed against her, she would be at liberty to approach the appropriate forum of law for redressal of her grievance. (ANOOP KUMAR DHAND),J Ashu/4