Rajasthan High Court - Jaipur
Smt Bhavana Sharma And Ors vs Shri Rajhansh Upadhyaya on 13 July, 2018
Author: Alok Sharma
Bench: Alok Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Contempt Petition No.1648/2017
1. Smt. Bhavana Sharma D/o Shri B.k. Sharma, aged about
42 R/o 828, Shastri Nagar, Dadabari Kota.
2. Aparna Sharma D/o Shri Hariom Sharma, aged about 39
R/o 21, Near Ramdham Asharm, Godavari Dham,
Dadabari, Kota.
----Petitioners
Versus
1. Shri Rajhansh Upadhyaya Principal Secretary, Higher
Education Government Of Rajasthan , Government
Secretariat, Jaipur.
2. Shri Ashutosh A.t. Director Commissioner, College
Education , Government Of Rajasthan Shiksha Sankul,
JLN Marg, Jaipur.
3. Shri Devendra Bhushan Gupta , Additional Chief
Secretary, Department Of Finance, Government
Secretariat, Jaipur.
4. State Of Rajasthan Through The Prinicpal Secretary,
Higher Education Department. , Government Of
Rajasthan, Government Secretariat, Jaipur.
----Respondents
Connected With
S.B. Civil Contempt Petition No. 1312/2017
1. Dr. Shrinivas Mahavar S/o Sh. Shishu Pal Singh , aged
about 42 R/o 1252, Adarsh Nagar, Hiran Magri, Sector 4,
Udaipur. Working As Lecturer In S.b.p. Govt. College,
Dungarpur.
2. Vineet Baleshwar S/o Sh. Ramesh Chand , aged about 32
R/o Ravindra Nath Tagore Colony, Dungarpur. Working As
Lecturer In S.b.p. Govt. College, Dungarpur.
3. Dharmendra Kumar Verma S/o Sh. Ramgopal Verma ,
aged about 33 R/o Village And Post Gordhanpura, Tehsil
Rajgarh, Distt. Alwar. Working As Lecturer In S.b.p. Govt.
College, Dungarpur.
----Petitioners
Versus
(2 of 17) [CCP-1648/2017]
1. Rajhans Upadhyaya, I.a.s., Additional Chief Secretary,
Department Of Higher Education, Govt. Of Raj ,
Secretariat, Jaipur.
2. Ashutosh A.t. Pednekar, I.a.s., Commissioner, College
Education, Dr. Radha Krishnan Shiksha Sankul , J.l.n.
Marg, Jaipur.
3. D.b. Gupta, I.a.s., Additional Chief Secretary, Department
Of Finance, Govt. Of Rajasthan , Secretariat, Jaipur.
4. State Of Rajasthan Through The Principal Secretary,
Department Of Higher Education, Government Of R ,
Secretariat, Jaipur.
----Respondents
S.B. Civil Contempt Petition No. 1322/2017
1. Dr. Seema Shakuni W/o Shri Dhananjaya , aged about 38
R/o C-119, Shastri Nagar Colony, Dungarpur, Raj.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary ,
Department Of Higher Education, Secretariate, Jaipur
2. Rajhans Upadhyay, Principal Secretary , Department Of
Higher Education, Government Of Rajasthan, Secretariat,
Jaipur
3. Ashutosh A.t. Pednekar, Commissioner , College
Education, Dr. Radha Krishan Shiksha Sankul, J.l.n Marg,
Jaipur
4. Prem Singh Mehra, Principal Secretary , Department Of
Finance, Govt. Of Raj., Secretariat, Jaipur
----Respondents
S.B. Civil Contempt Petition No. 1348/2017
1. Parmeshwar Garg S/o Shri Anandi Lal Garg , aged about
32 R/o Village And Post Chhinch, Distt. Banswara
2. Richa Bhardwaj D/o Shri Brijmohan Sharma , aged about
41 R/o 67, Road J, Bhpalpur, Udaipur
3. Ghata Vyas D/o Deepen Vyas , aged about 35 R/o 135,
Patrakar Colony, Dungarpur
4. Praveena Rawat D/o Shri Devilal Rawat , aged about 33
R/o K-74, Sajjan Nagar, Udaipur
5. Preeti Saxena D/o Shri Chandra Prakash Nag , aged about
(3 of 17) [CCP-1648/2017]
51 R/o 2B/69, Jai Narayan Vyas Colony, Distt. Bikaner
6. Kishana Ram Gurjar S/o Pema Ram Gurjar , aged about
44 R/o Viillage And Post Balunda, Teh. Jaitaran, Distt. Pali
Raj.
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary ,
Department Of Higher Education, Secretariat, Jaipur
2. Rajhans Upadhyay, Principal Secretary , Department Of
Higher Education, Government Of Rajasthan, Secretariat,
Jaipur
3. Ashutosh A.t. Pednekar, Commissioner , College
Education, Dr. Radha Krishan Shiksha Sankul, J.l.n Marg,
Jaipur
4. Prem Singh Mehra, Principal Secretary , Department Of
Finance, Govt. Of Raj., Secretariat, Jaipur
----Respondents
S.B. Civil Contempt Petition No. 1649/2017
1. Dr. Mamta Choudhary W/o Shri Anurag Choudhary , aged
about 36 R/o Flat No. 102, Namak Apartment, Arya Samaj
Road, Kota Junction, Kota Raj.
2. Shri Sitaram Bairwa, S/o Shri Daya Chand , aged about
30 R/o C/o Government P.g. College, Baran Raj.
----Petitioners
Versus
1. Shri Rajhansh Upadhyaya Principal Secretary , Higher
Education Government Of Rajasthan, Government
Secretariat, Jaipur
2. Shri Ashutosh A.t. Director Commissioner , College
Education, Govt. Of Rajasthan, Shiksha Sankul, Jln Marg,
Jaipur
3. Shri Devendra Bhushan Gupta, Additional Chief
Secretary , Department Of Finance, Govt. Secretariat,
Jaipur
4. State Of Rajasthan Through The Principal Secretary ,
Higher Education Department, Govt. Of Rajasthan, Govt.
Secretariat, Jaipur
----Respondents
(4 of 17) [CCP-1648/2017]
S.B. Civil Contempt Petition No. 1650/2017
1. Shri Sunil Kumar S/o Shri Tara Chand , aged about 34
R/o Bheru Ghat, Balawato Ka Bas, Pali
----Petitioner
Versus
1. Shri Rajhansh Upadhyaya Principal Secretary , Higher
Education Government Of Rajasthan, Government
Secretariat, Jaipur
2. Shri Ashutosh A.t. Director Commissioner , College
Education, Govt. Of Rajasthan, Shiksha Sankul, Jln Marg,
Jaipur
3. Shri Devendra Bhushan Gupta, Additional Chief
Secretary , Department Of Finance, Govt. Secretariat,
Jaipur
4. State Of Rajasthan Through The Principal Secretary ,
Higher Education Department, Govt. Of Rajasthan, Govt.
Secretariat, Jaipur
----Respondents
S.B. Civil Contempt Petition No. 1651/2017
1. Himani Bhatia D/o Shri Laxmi Narayan Bhatia , aged
about 34 R/o House No. 1-J-31, Talwandi, Kota
2. Shri Kedar Prasad Meena S/o Shri Heera Lal Meena , aged
about 42 R/o Village Kanloda Post Kalyanpura, Teh. Lalsot,
Distt. Dausa
3. Dr. Leenta Arora, W/o Dr. Arun Kumar Sharma , aged
about 46 R/o House No. A-2, Durga Nagar, Pooam Colony,
Kota
4. Shri Ravindra Kumar Badal, S/o Shri Mohan Lal , aged
about 41 R/o House No. Chha-13, Ambedkar Colony,
Kunadi Kota
----Petitioners
Versus
1. Shri Rajhansh Upadhyaya Principal Secretary , Higher
Education Department, Govt. Of Rajasthan, Govt.
Secretariat, Jaipur
2. Shri Ashutosh A.t. Director Commissioner , College
Education, Govt. Of Rajasthan, Shiksha Sankul, Jln Marg,
Jaipur
(5 of 17) [CCP-1648/2017]
3. Shri Devendra Bhushan Gupta, Additional Chief
Secretary , Department Of Finance, Govt. Secretariat,
Jaipur
4. State Of Rajasthan Through The Principal Secretary ,
Higher Education Department, Govt. Of Rajasthan, Govt.
Secretariat, Jaipur
----Respondents
S.B. Civil Contempt Petition No. 1652/2017
1. Dr. Nitin Gupta S/o Shri Murti Manohar Gupta , aged
about 28 R/o Plot No.110, Ambedkar Nagar, Uit Colony,
Kunhandi, Kota.
2. Smt. Talvindwer Kaur W/o Shri Balvinder Singh , aged
about 35 R/o 236, Shastri Nagar Dadabari, Kota.
3. Shri Satish Sharma S/o Shri Purushottam Sharma , aged
about 33 R/o Behind Charbhuja Temple, Ladoliya Para,
Bundi.
4. Monika Garg, D/o Shri Chhail Bihari Garg , R/o C/o Shri
Suresh K Manglam And Company 186, Shopping Centre,
Kota.
----Petitioners
Versus
1. Shri Rajhansh Upadhyaya Prinicpal Secretary , Higher
Education Government Of Rajasthan, Governement
Secretariat, Jaipur.
2. Shri Ashutosh A.t. Director Commissioner, College
Education, Government Of Rajasthan , Shiksha Sankul, Jln
Marg, Jaipur.
3. Shri Devendra Bhushan Gupta, Additional Chief Secretary,
Department Of Finance , Government Secretariat, Jaipur.
4. State Of Rajasthan Through The Principal Secretary,
Higher Education Department , Government Of Rajasthan,
Government Secretariat, Jaipur.
----Respondents
S.B. Civil Contempt Petition No. 1653/2017
1. Dharamveer Meena, S/o Shri Babu Lal Meena , aged
about 31 R/o Village And Post Teerath, Tehsil And District
Bundi, Rajasthan.
----Petitioner
(6 of 17) [CCP-1648/2017]
Versus
1. Shri Rajhansh Upadhyaya Principal Secretary, Higher
Education Government Of Rajasthan , Government
Secretariat, Jaipur.
2. Shri Ashutosh A.t. Director Commisioner, College
Education, Government Of Rajasthan , Shiksha Sankul, Jln
Marg, Jaipur.
3. Shri Devendra Bhushan Gupta, Additional Chief Secretary,
Department Of Finance , Government Secretariat, Jaipur.
4. State Of Rajasthan Through The Principal Secretary,
Higher, Educaton Department, Government Of Raj ,
Government Secretariat, Jaipur.
----Respondents
S.B. Civil Contempt Petition No. 1656/2017
1. Dr. Suresh K. Verma S/o Shri Ram Verma , aged about
42 R/o 1320, Barkat Nagar, Tonk Phatak, Jaipur.
2. Ashok Kumar Meena S/o Shri Ram Swaroop Meena , aged
about 40 R/o 92, Bhagwati Nagar-Ii, Kartarpura, Jaipur.
3. Ram Prasad S/o Shri Hari Ram, B/c Meena , aged about
40 R/o Village And Post Mahawa, Tehsil Neem Kia Thana,
District Sikar.
4. Shiv Lal Bairwa S/o Shri Unkarya , aged about 39 R/o
Village Bairunda, Post Khidarpur, Tehsil Sapotra, District
Karauli.
5. Rahul Kumar Meena S/o Shri Mool Chand Meena , aged
about 34 R/o Village Post Sewa, Tehsil Gangapur City,
District Sawai Madhopur.
6. Radha Krishan Meena S/o Ram Swaroop Meena , aged
about 44 R/o Village Manya Ka Bas, Tehsil Kathumar,
District Alwar.
7. Ram Raj Meena S/o Shri Lal Meena , aged about 38 R/o
Sujanpura, Post Sharakar, Tehsil Todabhim, District
Karauli.
8. Reeta Rani Raheja W/o Vikash Raheja , aged about 32 R/o
88, Setia Colony, Gali No. 10 Sriganganagar.
9. Asha Pandey D/o Mahesh Chand Pandey , aged about 36
R/o Plot No. 103/4, Lakhan Kokhri, Suraj Ram Ka Chowk,
Ajmer.
10. Ritu Chunwal D/o Shri Amar Chand , aged about 35 R/o
(7 of 17) [CCP-1648/2017]
419/30,.pratap Nagar, Meyo Link Road, Ajmer.
11. Vishal Tiwari S/o Shri Satyedra Kumar Tiwari , aged about
53 R/o 279/39, Tiwari Bhawan, Near Mount Merry School,
Ashok Nagar, Subhash Nagar, Ajmer.
12. Smt. Amita Saraswat W/o Shri Ritesh Saraswat , aged
about 33 R/o C-568, Azad Nagar, Bhilwara.
13. Rajveer Singh Meena S/o Shri Mangturam Meena , aged
about 34 R/o Village And Post Guru, Tehsil Kathumar, Dist
Alwar.
14. Sandeep Kumawat S/o Shri Dhannalal Kumawat , aged
about 31 R/o 7, Dev Sadan, Ambeshwari Nagar, Nagar
Palika Colony, Chittorgarh.
15. Narendra Kumar Pitaliya S/o Shri Manohar Lal Patiliya ,
aged about 31 R/o Village And Post Kuthwas, Via Bhindar,
Tehsil Vallabhnagar, Distt. Udaipur.
16. Dr. Meenakshi Bohra W/o Mukesh Kumar Sharma , aged
about 42 R/o Rajshree Colony, Road No. 3, Near Bohra
Ganesh Mandir, Udaipur.
17. Kamini Rariya D/o Shri Ramswaroop Rariya , aged about
35 R/o House No. 396/32, Jawahar Jadugar Colony,
Ajmer.
18. Marium Bano D/o Shri Maludeen Chungar , aged about 33
R/o Saroj General Store, High School Road, Sri
Dungargarh, District Bikaner.
19. Mahendra Singh Meena S/o Ram Hans Meena , aged
about 34 R/o Plot No. 117, Shiv Gorkshnagar, Model
Town-C, Malviya Nagar, Jaipur.
20. Dr. Mahendra Kumar Sharma S/o Shri Rambabu Sharma ,
aged about 40 R/o Near Kushwah Dharmshala D.b.n. Path
Krishna Colony, Bari, District Dholpur.
21. Dinesh Charan S/o Shri Karni Dan Charan , aged about 35
R/o Jaliwala Khurd, Post Nanam, Via Pipad City District
Jodhpur.
22. Rakesh Verma S/o Shri Lalluram Verma , aged about 34
R/o 1/102, Housing Board, Dausa.
23. Chhotelal Balai S/o Shri Nahaya Ram Balai , aged about
32 R/o Village And Post Bijwar Naruka, Tehsil And District
Alwar.
24. Madhu Sharma D/o Chandan Lal Sharma , aged about 35
(8 of 17) [CCP-1648/2017]
R/o 260, Adarsh Colony, Kherli Phatak, Kota.
25. Vishal Kantia S/o Vinod Kumar Kantia , aged about 35 R/o
Plot No. C-14, Patel Nagar, Deoli, Tonk.
26. Jai Prakash Verma S/o Shri Ramniwas Verma , aged about
29 R/o Village And Post Ghar, Tehsil Deoli, Tonk.
27. Mahendra Sharma S/o Shri Jagdish Lal Sharma , aged
about 33 R/o Village And Post Ateva, Via, Keladevi, Distt.
Karauli, Raj.
28. Dr. Alpana Vyas D/o B.d. Purohit , aged about 35 R/o C/o
P.c. Vyas, 6-C-19, Pawan Puri, South Ext. Bikaner.
29. Sonal Patel W/o Shri Ramesh Chand Patel , aged about 35
R/o Village Mahida, Post Naya Gaon, Tehsil Kherwada,
Dist. Udaipur.
30. Kamal Trivedi S/o Shri Mahesh Behari Trivedi , aged about
30 R/o Snehneed Dhundhla Via Sojat Road, Pali.
31. Shikha Gautam D/o Ram Dutt Sharma , aged about 29
R/o Bramano Ki Hathai, Tiwaripada, Bundi.
32. Dr. Alok Jain S/o Shri Ramesh Chand Jain , aged about41
R/o Pragati Nagar, Gali No. 4, College Road Banswara.
33. Santosh Gomtiwal D/o Shri Magan Lal Ji , aged about 38
R/o 7/4, Pandt Colony, Shastri Nagar, Jodhpur.
34. Yogesh Sharma S/o Premchand Sharma , aged about 32
R/o Vpo- Thalarka, Tehsil Nohar, Hanumangarh.
35. Snehlata Choudhary D/o Shri Bhagwana Ram Choudhary ,
aged about 35 R/o Behind Haryana House, Pawanpuri,
Bikaner.
36. Bhanwar Lal Solanki S/o Loona Ram , aged about 31 R/o
Vandp Bajju Tejpura, Tehsil Kolayat, Distt. Bikaner.
37. Yogendra Singh Sankhala S/o Shri Indra Singh Sankhala ,
aged about 31 R/o 239, Bapu Nagar Vistar Pali.
38. Sheilly Sharma D/o Shri Prem Kumar Sharma , aged
about 33 R/o 320, Krishan Nagar, Bharatpur.
39. Neha Jain D/o Shri Padam Chand Godha , aged about 33
R/o House No. 48, Van Vihar Colony, Vaishali Nagar,
Ajmer.
40. Atul Kumar Joshi S/o Shri Ashok Kumar Joshi , aged about
32 R/o Surya Villa, In Front Of Rseb, Shastri Nagar,
Mandalgarh, Bhilwara.
41. Asif Hussain S/o Shri Mohammed Shabbier , 32 R/o
(9 of 17) [CCP-1648/2017]
Behind Talkies, Choti Sadri, Pratapgarh, Rajasthan.
42. Rakhi Methi D/o M.c. Methi , R/o H.no. 45, aged about 30
New Kamla Udyan, Bundi Road, Kota.
43. Rachna Methi D/o M.c. Methi , R/o H.no. 45, aged about
30 New Kamla Udyan, Bundi Road, Kota.
44. Suresh Joshi S/o Tej Shankar Joshi , aged about 28 R/o
Behind Kothari Talkies, V And P- Kanod, Tehsil
Vallabhnagar, Udaipur.
45. Dr. Vinod Sharma S/o Rameshwar Lal Sharma , aged
about 38 R/o Rampati Abhay Public School, Indira Colony,
Karauli.
46. Manjul Mayank Dixit S/o Gopinath Sharma , aged about
33 R/o Dhanwantari Nagar, Nahar Road, Gangapur City,
Distt. Sawaimadhopur.
----Petitioners
Versus
1. State Of Rajasthan Through Principal Secretary ,
Department Of Higher Education, Secretariat, Jaipur
2. Rajhans Upadhyay, Principal Secretary , Department Of
Higher Education, Govt. Of Raj., Secretariat, Jaipur
3. Ashutosh A.t. Pednekar, I.a.s., Commissioner, College
Education, Dr. Radha Krishnan Shiksha Sankul , J.l.n.
Marg, Jaipur.
4. Devendra Bhushan Gupta, Additional Chief Secretary ,
Department Of Finance, Government Of Rajasthan,
Secretariat, Jaipur
----Respondents
S.B. Civil Contempt Petition No. 1665/2017
1. Radha Krishan Meena S/o Shri Ram Swaroop Meena ,
aged about 44 R/o Village Manya Ka Bas, Teh. Kathumar,
Distt. Alwar
2. Basant Lal Bamaniya S/o Shri Jhalama Bhamaniya , aged
about 41 R/o Village Hindaliya, Teh. Sagwara, Distt.
Dungarpur
3. Veena Purohit W/o Dr. Sridhar Narayan Purohit , aged
about 39 R/o Inside Idgah Basti, Dharam Nagar Dwar,
Naya Sahar, Bikaner
4. Jyoti Saxena W/o Shri Ajay Saxena , aged about 42 R/o
Infront Of Sardul Sport School, Behind Bidasar House,
(10 of 17) [CCP-1648/2017]
New Gajner Road, Bikaner
5. Dinesh Charan S/o Shri Karni Dan Charan , aged about 35
R/o Jatiwada Khurd, Post Naman, Via Pipad City, Jodhpur
6. Bhanwar Lal Solani S/o Shri Loona Ram , aged about 31
R/o Village And Post Bajju Tejpura, Teh. Kolayat, Distt.
Bikaner
7. Niti Bhatt D/o Shri Rajendra Bhatt , aged about 29 R/o
Opposite Audichyawara School, Sirjwaw, Banswara
8. Suresh Joshi S/o Shri Tej Shankar Joshi , aged about 29
R/o Behind Kathari Talies, Village And Post Kanod, Teh.
Vallabh Nagar, Distt. Udaipur
9. Asha Pandey D/o Shri Mahesh Chand Pandey , aged about
36 R/o Plot No. 103/4, Lakhan Kokhri, Suraj Ram Ka
Chowk, Ajmer
10. Sonal Patel W/o Shri Ramesh Chand Patel , aged about 35
R/o Village Mahida, Post Naya Gaon, Teh. Kherwara, Distt.
Udaipur
11. Atul Kumar Joshi S/o Shri A.k. Joshi , aged about 32 R/o
Surya Villa, Rseb Shastri Nagar, Madangarh, Distt.
Bhilwara
----Petitioners
Versus
1. Shri Rajhansh Upadhyaya Principal Secretary , Higher
Education Government Of Rajasthan, Government
Secretariat, Jaipur
2. Shri Ashutosh A.t. Director Commissioner , College
Education, Govt. Of Rajasthan, Shiksha Sankul, Jln Marg,
Jaipur
3. Shri Devendra Bhushan Gupta, Additional Chief
Secretary , Department Of Finance, Govt. Secretariat,
Jaipur
4. State Of Rajasthan Through The Principal Secretary ,
Higher Education Government Of Rajasthan, Government
Secretariat, Jaipur
----Respondents
S.B. Civil Contempt Petition No. 1666/2017
1. Shiksha Gautam D/o Shri Ram Dutt Sharma , aged about
30 R/o Brarnano Ki Hathai, Tiwari Pada, Bundi.
2. Dr. Saroj Meena W/o Dr. Ram Dayal , aged about 39 R/o
(11 of 17) [CCP-1648/2017]
664, Mahaveer Nagar-II, Kota.
3. Dr. Tripti Namdev, D/o Shri Radha Ballabh Chippa , aged
about 34 R/o Mangalam Furniture, Panchmukhi Bala Ji
Road, Jhalawar.
4. Neha Pali D/o Shyam Kumar Paliwal , aged about 32 R/o
A-23, Opposite Kunhadi Police Station, Subash Nagar,
Kunhadi, Kota.
5. Vandana Sharma W/o Shri Sanjay Sharma , aged about
41 R/o 491, Dadabari Kota.
6. Rekha Vishwakarma, D/o Shri Ghanshyam , aged about
32 R/o Vishwakarma Stores Industries, Bazar No. 3,
Ramganj Mandi, Kota.
7. Dharmendra Kumar, S/o Shri Brij Mohan , aged about 35
R/o Shiv Nagar, Modak Village Tehsil Ramganj Mandi,
Kota.
8. Dr. Santosh Gomtiwal, D/o Mangal Lal , aged about 35
R/o 7/4, Near Community Hall, Pand T Colony, Sashtri
Nagar, Jodhpur
9. Dr. Chandan Prakash, S/o Kirta Ram , aged about 41 R/o
Village And Post Rawar, Tehsil Bilara, Distt. Jodhpur.
10. Dr. Jetha Ram, S/o Shri Gulla Ram , aged about 37 R/o
320, Durgadas Colony, Masutia Jodhpur.
11. Dr. Arjun Lal Yadav, S/o Shri Foosa Ram , aged about 40
R/o Village Mehtabgarh Baba Ki Nimbari Post Dheerpura,
Tehsil Balesar, Jodhpur.
12. Dr. Om Puri Swamy, S/o Shri Basant Puri Swamy , aged
about 39 R/o Village And Post Narta, Thasil Bhinmal,
Distt. Jalore.
13. Dr. Rajeev Chauhan, S/o Sangat Singh , aged about 38
R/o Kalyanpura Marg, No.4, Barmer
14. Dr. Ruchi Kulshratha, W/o Shri Vikash Kulshratha , aged
about 35 R/o 16, Civil Lines, Om Kripa, Near Mana Bhanja
Chauraha, Jhalawar.
15. Farsa Ram S/o Shri Gulla Ram , aged about 40 R/o Village
And Post Sarana, Tehsil Balotra, Distt. Barmer.
16. Sunita Rathore D/o Sh. Giridhari Singh Rathore aged
about 35, R/o P.s. Rajawat, D.c.m. I.g. Nagar, Kota.
----Petitioners
Versus
(12 of 17) [CCP-1648/2017]
1. Shri Rajhansh Upadhyaya Principal Secretary, Higher
Education , Government Of Rajasthan, Government
Secretariat, Jaipur.
2. Shri Ashutosh A.t., Director Commissioner, College
Education , Government Of Rajasthan Shiksha Sankul, Jln
Marg, Jaipur.
3. Shri Devendra Bhushan Gupta , Additional Chief
Secretary, Department Of Finance Government
Secretariat, Jaipur.
4. State Of Rajasthan Through The Principal Secretary,
Higher Education, Department , Government Of
Rajasthan, Government Secretariat, Jaipur.
----Respondents
S.B. Civil Contempt Petition No. 1705/2017
1. Pankaj Kumar Mishra S/o Girdhari Lal Mishra , aged about
39 R/o Mishra Gali, Purana Sahar, Dholpur
2. Shikha Mathur D/o Shri Bhairu Narain Mathur , aged
about 32 R/o A-368, Panchsheel Colony, Makarwali Road,
Ajmer
3. Shikha Agarwal D/o N.k. Lohiya , aged about 32 R/o H.no.
228, Sector 4, Gandhi Nagar, Chittorgarh
4. Parsuram Dangi S/o Shri Rodilal Dangi , aged about 34
R/o Vandp Amirama, Teh. Badisadri, Chittorgarh
5. Dr. Mallika Bohara D/o Shri Fakruddin Bohra , R/o C/o
Mahesh Photo Studio, Super Market, Dungarpur Raj.
6. Sachin Dixit S/o Hariom Dixit , R/o 44, aged about 30
Basant Vihar, Govardhan Vilas, Udaipur
7. Rajendra Kumar S/o Shri Laxmi Chand , aged about 33
R/o Plot No. 13, Om Colony, Ward No. 21, Behind Arya
Shikshan Sasnthan, Churu
8. Smt. Manju Sharma W/o Shri Arvind Dixit , aged about 11
R/o Shiv Colony, Near Khandelwal Dharamshala, Jaipur
Road, Gangapur City, Distt. Sawaimadhopur
9. Dr. Vishnu Prakash Joshi S/o Devi Lal Joshi , aged about
37 R/o Village Brahmino Ka Guda, Post Sapatia, Udaipur
----Petitioners
Versus
1. State Of Rajasthan Through Principal Secretary ,
Department Of Higher Education, Secretariat, Jaipur
(13 of 17) [CCP-1648/2017]
2. Rajhans Upadhyay Principal Secretary , Department Of
Higher Education, Govt. Of Rajasthan, Secretariat, Jaipur
3. Ashutosh A.t. Pednekar, Commissioner, College Education,
Dr. Radha Krishnan Shiksha Sankul , J.l.n. Marg, Jaipur.
4. Prem Singh Mehra, Principal Secretary , Department Of
Finance, Government Of Rajasthan, Secretariat, Jaipur
----Respondents
S.B. Civil Contempt Petition No. 1731/2017
1. Uttam Kumar S/o Shri Maak Chand Suman , aged about
32 R/o Gulistan Juice Center, Opposite Sun Floower
Restaurant, Station, Road Kota Junction Kota.
2. Shiksha Sharma D/o Shri Dinesh Chand Sharma , aged
about 32 R/o C/o Gulistan Juice Center, Station, Road,
Kota Junction Kota.
3. Mohd. Afzal S/o Mustaq Ahed , aged about 36 R/o Badi
Udai Tehsil Gangapurcity District Sawaimadhopur.
----Petitioners
Versus
1. Shri Rajhans Upadhay Through Additional Chief Secretary,
Higher , Education, Department, Of Education,
Secretariat, Jaipur.
2. Shri Ashutosh A.t. Pednekar, Commissioner, College
Education, Government Of Rajasthan Shiksha Sanku
3. Prof. Dr. Jaspal Singh Sandhu, Secretary , University
Grant Commission, New Delhi.
4. Dr. Sangeeta Juneja, Principal Government , Girls College
Baran.
5. Dr. Anita Gupta, Principal Government Birla College,
Bhawani Mandi , District Kota.
6. State Of Raj. Through Principal , Secretary, Education
Department, Government Secretariat, Jaipur.
----Respondents
S.B. Civil Contempt Petition No. 1837/2017
1. Dr. Amita Mali D/o Dr. Nathu Ram Mali , aged about 37
R/o Lalawati Regidensi, 703, Mahaveer Nagar-II, Kota.
----Petitioner
Versus
1. State Of Rajasthan Through, Principal Secretary,
(14 of 17) [CCP-1648/2017]
Department Of Higher Education, Secretariat, Jaipu
2. Rajhans Upadhyay, Principal Secretary, Department, Of
Higher Education, Govt. Of Rajasthan, Secreta
3. Ashutosh A.t. Pednekar, Commissioner, College
Education , Dr. Radha Krishan Shiksha Sankul, J.l.n. Marg,
Jaipur.
4. Prem Singh Mehra, Principal Secretary, Department Of
Finance, Govt. Of Rajasthan. Secretariat, Jaip
----Respondents
For Petitioner(s) : Mr.Lokendra Singh Shekhawat,
Mr.Gaurav Sharma,
Mr.Sunil Kumar Jain.
For Respondent(s) : Mr.Ashish Sharma on behalf of
Mr.Rajendra Prasad, AAG.
HON'BLE MR. JUSTICE ALOK SHARMA
Order
13/07/2018
Non-compliance with the order dated 04.10.2016 in SBCWP
No.6529/2014 and other connected matters is alleged in this
contempt petition whereby the respondents were directed to pay
salary by applying Regulation 13.1 of the University Grants
Commission Regulations of 2010 (hereinafter 'the Regulations of
2010') to the petitioners, appointed on contract as Lecturers in the
government colleges within a period of four months from the date
of receipt of copy of the judgment.
Quite evidently as of today i.e. 13.07.2018 more than four
months from the order dated 04.10.2016 have long passed. The
respondents on a plain reading of the judgment and the admitted
fact that the petitioners have not been given the benefit of
Regulation 13.1 of the Regulations of 2010, would be in contempt.
However they have the indulgence of the order dated 10.07.2018
(15 of 17) [CCP-1648/2017]
passed by the Apex Court in Special Leave to Petition (c)
No.3272/2018 titled The State of Rajasthan & Others Versus
Pankaj Kumar Mishra and other connected matters where even
while dismissing the Special Leave to Petition at the instance of
the State Government, the Apex Court has granted four months
time to make the requisite payments. That period expires on
09.11.2018.
Mr.Ashish Sharma appearing for Mr.Rajendra Prasad, AAG,
counsel for the respondent submitted that processes are on for
making requisite payments and granting benefit to the petitioners
as directed by this Court's order dated 4.10.2016. Compliance
would now definitely made within four months.
Mr.Lokendra Singh Shekhawat, Mr.Gaurav Sharma and
Mr.Sunil Kumar Jain appearing for the petitioners submitted that
the matter be adjourned for a period of four months as indeed the
respondents have time till 9.11.2018 to comply with the Court's
order. It was however submitted that the petitioners are presently
not even being paid the meagre amount of Rs.7950/- per month
which they were being earlier paid awaiting compliance with the
Court's order dated 4.10.2016.
Heard. Considered.
The facts of the case shock the court conscience. If lecturers
even contractual are paid salary of Rs.7950/- per month it is not
difficult to visualize their lack of commitment and teaching
standards. That issue has fortunately finally been sorted out by
the order of this court on 04.10.2016. Yet the powers that be
contested it upto the Apex Court. The matter now stands finally
decided against the respondents to whom the Apex Court under
(16 of 17) [CCP-1648/2017]
its order dated 10.07.2018 has shown indulgence to comply with
the order dated 04.10.2016 within four months.
Mr.Ashish Sharma counsel for the respondent has now, with
all options running out, made the solemn statement on
instructions that in terms of orders dated 10.07.2018 passed by
the Apex Court in Special Leave to Petition (c) No.3272/2018 on
04.10.2016, this court's order dated 04.10.2016 which has
attained finality will definitely be complied with on or before
09.11.2018 and the petitioners will be given the due arrears as
directed and thereafter be given the minimum in the pay scale for
lecturers teaching at government colleges.
In view of the categorical statement of Mr.Ashish Sharma, I
would dispose of these petitions holding the respondents firm to
the statement made by their counsel that compliance with the
order dated 04.10.2016 will be made on or before 09.11.2018.
Non-compliance will entail compounded contempt by the
respondents for which they will of necessity have to suffer the
consequences in law. It is further directed that any due amount
towards unpaid current salary otherwise payable to the petitioners
be paid to them within a period of 7 days from the receipt of a
certified copy of this order.
The contempt petition is accordingly disposed of.
The petitioners shall however be at liberty to move an
application for revival of this contempt petitions in the event the
benefit of Regulation 13.1 of the Regulations of 2010 is not given
to them on or before 09.11.2018 and/or they are not paid arrears
of due current salary as directed above.
A copy of this order be furnished to the Chief Secretary,
Principal Secretary, Higher Education, Director (Commissioner),
(17 of 17) [CCP-1648/2017]
College Education and Additional Chief Secretary, Department of
Finance to ensure strict compliance with the order dated
04.10.2016 on or before 09.11.2018 in terms of the time granted
under Apex Court's order. Delay beyond the said period, will not
be countenanced for any reason at all.
A copy of this order be furnished to Mr.Ashish Sharma
appearing for Mr.Rajednra Prasad, AAG counsel for the respondent
for onward transmission and compliance.
A copy of this order be placed in each connected contempt petition.
(ALOK SHARMA),J Karan/100-114 Powered by TCPDF (www.tcpdf.org)