SHOBHA SHRIVASTAVA AND ORS v. MR ASHUTOSH A T PEDNEKAR AND ORS
CCP/488/2018 · 2025-09-16
Sanjeet Purohit, Sanjeev Prakash Sharma
Contempt Petitionbody2025
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[ 2025 DAILYLAW 2626 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 2626 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:37805-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Contempt Petition No. 488/2018
1. Shobha Shrivastava W/o Shri S.K. Shrivastava, R/o F-302 Unique Towers, Haldighati Marg, Jaipur, Rajasthan.
2. Dr. Erra Tyagi D/o Dr. Brahm Dutt Tyagi, R/o 5-JHA-7, Jawahar Nagar, Jaipur (Raj.).
3. Devender Kaur D/o Shri Gurudev Singh And Smt. Amrit Kaur, R/o 4K-33, Ana Sagar, Circular Road, Vaishali Nagar, Ajmer Rajasthan.
4. Sushma Sharma W/o Shri Sanjay Sharma 436, Keshav Nagar, Vaishali Nagar, Ajmer (Raj.). ----Petitioners Versus
1. Mr. Ashutosh A.T. Pednekar Commissioner, College Education And Special Secretary Block-4 Shiksha Sankul, Jawahar Lal Nehru Marg, Jaipur Raj.
2. Mr. Rajhans Upadhyay, Additional Chief Secretary, Higher Education, Government Secretariat, Jaipur Rajasthan.
3. State of Rajasthan Through Secretary, Department of Higher Education, Government Secretariat, Jaipur Rajasthan. ----Respondents For Petitioner(s) : None Present For Respondent(s) : None Present HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJEET PUROHIT
Order 16/09/2025
1. The issue involved in this contempt petition has already been adjudicated by this Court in D.B. Civil Contempt Petition No.1666/2018 (Dr. Anil Kumar Mathur & Ors. vs. Mr. Ashutosh
[2025:RJ-JP:37805-DB] (2 of 3) [CCP-488/2018] A.T. Pednekar & Ors.) and other connected matters decided on 21.08.2025, wherein this Court has held as under:
“17. It is reiterated that the scope of interference by this Court in contempt proceedings are very limited and the fresh adjudication of the claims of the contempt petitioners with regard to the part of benefits not allowed by the State Government/ Educational Institution looking to their peculiar facts cannot be done in the contempt proceedings. Since the respondents herein have considered the claim of the contempt petitioners and have already passed respective orders in the individual cases. The grievance, if any, left can be adjudicated before the appropriate authority / Court / Tribunal, however the same would not amount to wilful and deliberate disobedience of the order passed by this Hon’ble Court and, therefore, also the present contempt proceedings are not maintainable.
18. We are also aware of the limited power of the Court while deciding the contempt proceedings and we refrain from enlarging the scope of contempt petition, especially when there is an availability of statutory forum of Rajasthan
Non-Government
Educational Institutional Tribunal (for short ‘the Tribunal’), which is competent to examine the claim of the individuals and pass orders relying upon the orders passed in the case of Bhagwan Das Todi (supra). The directions issued by the Tribunal are akin to a decree passed by the civil Court and is executable in terms of Section 27 of the Rajasthan Non-Government Educational Institutions Act, 1989.
[2025:RJ-JP:37805-DB] (3 of 3) [CCP-488/2018]
19. We, therefore, find that there is no deliberate or willful non-compliance of Court's
order on behalf of the respondents. The contempt petitions are wholly misconceived and the same are accordingly, dismissed.”
2. In view of the above, the present Civil Contempt Petition is also dismissed, mutatis mutandis.
3. Notices stand discharged.
(SANJEET PUROHIT),J (SANJEEV PRAKASH SHARMA),J AMIT/73