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2025 DAILYLAW 29066 (RAJ)

DR. ANURAG SHARMA S/O LATE SH. K.C. SHARMA v. DR. OM PRAKASH BAIRWA

CCP/910/2025 · 2025-09-19

Sanjeet Purohit, Sanjeev Prakash Sharma

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:38471-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Contempt Petition No. 910/2025 Dr. Anurag Sharma S/o Late Sh. K.c. Sharma Father/o Late K C Sharma, Aged About 62 Years, (Sr. Citizen) R/o B-7, Vaishali Nagar, Ajmer Rajasthan-305004. ----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. Dr. Laxmikant Sharma, Principal, The Dayanand College, Ajmer Raj. Dayanand College, Ramganj, Ajmer, Rajasthan-305001. ----Respondents For Petitioner(s) : Mr. Nrip Raj Singh on behalf of Mr. Ajatshatru Mina For Respondent(s) : HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJEET PUROHIT Order 19/09/2025 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 A.T. Pednekar & Ors.) and other connected matters decided on 21.08.2025, wherein this Court has held as under : [2025:RJ-JP:38471-DB] (2 of 3) [CCP-910/2025] “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. 19. We, therefore, find that there is no deliberate or willful non-compliance of Court's order on behalf of the respondents. The [2025:RJ-JP:38471-DB] (3 of 3) [CCP-910/2025] 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. (SANJEET PUROHIT),J (SANJEEV PRAKASH SHARMA),J RAHUL MIRKHANI/39