Rajasthan High Court - Jaipur
Bhavesh Kumar Shankhala S/O Shri Dinesh ... vs Shri Ranjan Maheshwari, The Principal, ... on 14 September, 2020
Author: Satish Kumar Sharma
Bench: Satish Kumar Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
1. S.B. Civil Contempt Petition No. 1338/2018
1. Bhavesh Kumar Shankhala S/o Shri Dinesh Kumar
Sankhala, Aged About 28 Years, R/o 925 B K Kaul Nagar,
Ajmer (Raj.)
2. Smt. Kajal Bhadel D/o Shri Rohitash Bhadel, Aged About
36 Years, R/o 786/29, Pipal Ka Kua, Dhola Bhata Road,
Ajmer (Raj.)
3. Rahul Porwal S/o Shri Ram Swaroop Porwal, Aged About
30 Years, R/o 28/190, Mohan Villa, Manikya Nagar,
Bhilwara Rajasthan
4. Sunil Kumar Sharma S/o Shri Pusa Ram Harshwal, Aged
About 30 Years, R/o H.no. 208/11, New Colony, Subhash
Nagar, Ajmer (Rajasthan)
5. Tarun Goyal S/o Shri Neeraj Goyal, Aged About 29 Years,
R/o Tehsil Dhanaura, District Amroha (U.p)
6. Smt. Minali Tayal D/o Shri Ramsey Chandra Tayal, Aged
About 30 Years, R/o 372/26, Pathar Wali Gali, Ramganj,
Ajmer (Raj)
7. Miss Neha Mahnot D/o Shri Anil Mahnot, Aged About 25
Years, R/o 54, Mitra Niwas Colony, Madanganj,
Kishangarh, District Ajmer (Raj.)
8. Anil Kumar Saini S/o Shri Tara Chand Saini, Aged About
27 Years, Bansur, Alwar (Raj.)
9. Tarun Dadheech S/o Shri Mahendra Kumar, Aged About
28 Years, R/o Luharon Ka Chawk, Sangod, Kota (Raj.)
10. Smt. Vibha Joshi D/o Raj Kumar Joshi, Aged About 33
Years, R/o H.no. 130, Krishna Vihar Colony, Kundan
Nagar, Ajmer (Raj.)
11. Balram Swami S/o Shri Suresh Chandra, Aged About 27
Years, R/o Ward No. 40, Sadar Shahar, Churu (Raj.)
12. Miss Preeti Jain D/o Shri Pawan Kumar Jain, Aged About
25 Years, R/o 29/67, Jain Gali, Chipitola, Agra (Raj.)
13. Miss Nirma Kumawat D/o Shri Jagdish Prasad Kumawat,
Aged About 33 Years, R/o H.no. 106, Arjun Lal Sethi
Nagar, Ajmer (Raj.)
14. Smt. Abhinity Shah D/o Shri Ajit Shah, Aged About 30
Years, R/o C-245, Panchsheel Colony, Ajmer (Raj.)
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15. Vikas Chaturvedi S/o Shri Om Prakash Chaturvedi, Aged
About 32 Years, R/o 530, Hari Bhau Upadhyay Nagar
Extension, Ajmer (Raj.)
16. Chandravardhan Singh Raghaw S/o Shri Dhirendra Singh
Raghaw, Aged About 27 Years, R/o A 612, Panchsheel
Nagar, Makarwali Road, Ajmer (Raj.)
17. Amara Ram S/o Shri Samaratha Ram, Aged About 36
Years, R/o Ashirwad, Kumharo Ka Was, Jalore (Raj.)
18. Miss Doli Uppal D/o Shri Trilok Uppal, Aged About 28
Years, R/o Vimla Marg Kalu Ki Dhani, C Block, Ajmer
(Raj.)
19. Himresh Chaudhary S/o Shri B.l. Chaudhary, Aged About
28 Years, R/o,541, Naya Ghar Gulab Bari, Kalyanipura
Road, Ajmer (Raj.)
20. Miss Harsha Garg D/o Shri Ajay Kumar Garg, Aged About
27 Years, R/o 2643, Sayaroli Bazar, Nasirabad, District
Ajmer (Raj.)
----Petitioners
Versus
1. Shri Ranjan Maheshwari, The Principal, Government
Engineering College, Ajmer, Nh-8, Badliya Chauraha,
Near Nareli Temple, Ajmer 305025
2. State Of Rajasthan Through Principal Secretary, Higher
Education, Government Of Rajasthan, Jaipur
----Respondents
Connected With
2. S.B. Civil Contempt Petition No. 1625/2018
1. Shri Prashant Sharma S/o Shri Ram Kishore Sharma, R/o 290, Shrinathpuram, Kota Rajasthan
2. Smt. Gowri Choudhary W/o Shri Dhaglaram Choudhary, R/o 502, Om Urban Heights, Behind Truck Union Ajay Ahuja Nagar Kota, Rajasthan
3. Akansha Gurjar D/o Shri Ram Gopal Gurjar, R/o 7-D-15, Mahaveer Nagar Extention, Kota Rajasthan
4. Shri Chotu Lal S/o Shri Kishan Chandra, R/o Village Ranipura, Post Gandhifli Tehsil Ladpura, Kota Rajasthan
5. Diksha Soni D/o Shri Raj Kumar Soni, R/o House No. 88, Daga Niwas, Saray Ka Sthan, Patanpole, Kota Rajasthan (Downloaded on 14/09/2020 at 09:50:43 PM) (3 of 9) [CCP-1338/2018]
6. Shri Pankaj Israni S/o Shri Parmanand Israni, R/o Shanti Kunj, Bapu Colony, Rangpur Road, Near Naka Chungi, Kota Junction, Kota Rajasthan
7. Pooja Chaturvedi D/o Shri Rajendra Chaturvedi, R/o 1-P-
31, Talwandi Kota Rajasthan
8. Smt Priti Sharma W/o Shri Deepak Joshi, R/o 1-Th-21, Dadabari, Kota Rajasthan
9. Shri Santosh Gupta S/o Shri Kailash Chand Gupta, R/o House No. 42 Girraj Oil Mill Ward No. 28, Hindaun, Karoli Road Gangapur City Swaimadhopur Rajasthan
----Petitioners Versus
1. Shri S.c. Jain, Dean Faculty Affairs Rajasthan Technical University Rawatbhata Road Kota, Rajasthan
2. Shri R.subrahmanyam, Secretary, Union Of India, Ministry Of Human Resource Development New Delhi
3. Shri P. M Khodke, Central Project Advisor, National Projedct Implementation Unit 4Th Floor Edcil House Sector 16 Plot No. 18-A Noida 201301 (Unit Of Ministry Of Hrd, Government Of India)
4. Shri Anil D. Sahasragbudhe, Chairperson All India Council For Technical Education National Madela Marg Vasant Kunj New Delhi- 70
----Respondents
3. S.B. Civil Contempt Petition No. 2008/2018
1. Shri Shailendra Soni S/o Shri Suresh Soni, Aged About 29 Years, R/o 120/26 Lajpat Nagar Opp. Teja Hostel Nai Basti Ramganj Ajmer (Raj)
2. Anjali Agarwal D/o Shri Laxman Prasad Agarwal, Aged About 27 Years, R/o 1696/30 Near H.b. Furniture House Prakash Road Ajmer (Raj)
----Petitioners Versus
1. Shri Ranjan Maheshwari The Principal, Govt. Engineering College Ajmer Nh-8 Badliya Chauraha Near Nareli Temple Ajmer -25
2. Union Of India Through Chief Secretary Ministry Of Human Resource Development Govt. Of India, New Delhi (India) (Downloaded on 14/09/2020 at 09:50:43 PM) (4 of 9) [CCP-1338/2018]
3. National Project Implementation Unit Through Chairperson, 4Th Floor Edcil House Sector 16-A Plot No 18 A Noida 201301 (Unit Of Ministry Of Rd Govt. Of India)
4. All India Council For Technical Education Through The Director, Nelson Mandela Marg Vasant Kunj New Delhi India
5. Government Of Rajasthan Through The Secretary, Technical Education Secretariat Jaipur (Raj)
6. The Rajasthan Technicla University (Rtu) Through The Vice Chancellor, Kota Rajasthan India
7. The Registrar Rajasthan Technicla University (Rtu), Kota Rajasthan India
8. The Comptroller Rajasthan Technical University (Rtu), Kota Rajasthan
----Respondents
4. S.B. Civil Contempt Petition No. 348/2019
1. Bhavesh Kumar Sankhala S/o Shri Dinesh Kumar Sankhala, Aged About 28 Years, R/o 925 B K Kaul Nagar, Ajmer Raj.
2. Smt Kajal Bhadel D/o Shri Rohitesh Bhadel, Aged About 36 Years, R/o 786/29, Pipal Ka Kua, Dhola Bhata Road Ajmer Raj.
3. Rahul Porwal S/o Shri Ram Swaroop Porwal, Aged About 30 Years, R/o 28/190, Mohan Villa, Manikya Nagar, Bhilwara-311001 Raj.
4. Sunil Kumar Sharma S/o Shri Pusa Ram Harshwal, Aged About 30 Years, R/o H.no. 208/11, New Colony, Subhash Nagar, Ajmer Raj.
5. Smt Minali Tayal D/o Shri Ramsey Chandra Tayal, Aged About 30 Years, R/o372/26, Pathar Wali Gali, Ramganj, Ajmer Raj.
6. Miss Neha Mahnot D/o Shri Anil Mahnot, Aged About 25 Years, R/o 54, Mitra Niwas Colony, Madanganj, Kishangarh, District Ajmer Raj.
7. Anil Kumar Saini S/o Shri Tara Chand Saini, Aged About 27 Years, R/o Bansur, Alwar Raj.
8. Tarun Dadheech S/o Shri Mahendra Kumar, Aged About 28 Years, R/o Luharon Ka Chawk Sangod Kota Raj.
9. Smt Vibha Joshi D/o Shri Raj Kumar Joshi, Aged About 33 (Downloaded on 14/09/2020 at 09:50:43 PM) (5 of 9) [CCP-1338/2018] Years, R/o H. No. 130 Krishna Vihar Colony, Kundan Nagar Ajmer Raj.
10. Balram Swami S/o Shri Suresh Chnadra, Aged About 27 Years, R/o Ward No. 40, Sadar Sahar Churu 331403 Raj.
11. Miss Preeti Jain D/o Shri Pawan Kumar Jain, Aged About 25 Years, R/o 29/67, Jain Gali Chipitola Agra Raj.
12. Miss Nirma Kumawat D/o Shri Jagdish Prasad Kumawat, Aged About 33 Years, R/o H.no. 106, Arjun Lal Sethi Nagar Ajmer-305002 Raj.
13. Smt Abhinity Shah D/o Shri Ajit Shah, Aged About 30 Years, R/o C-245 Panchsheel Colony Ajmer Raj.
14. Vikas Chaturvedi S/o Om Prakash Chaturvedi, Aged About 32 Years, R/o 530, Hari Bhau Upadhyay Nagar Extension Ajmer Raj.
15. Chandravardhan Singh Raghav S/o Shri Dhirendra Singh Raghav, Aged About 27 Years, R/o A 612, Panchsheel Nagar, Makarwali Road Ajmer Raj.
16. Amara Ram S/o Shri Samaratha Ram, Aged About 36 Years, R/o Ashirwad Kumharo Ka Was Jalor Raj.
17. Miss Doli Uppal D/o Shri Trilok Uppal, Aged About 28 Years, R/o Vimla Marg Kalu Ki Dhani C Block Ajmer Raj.
18. Himresh Chaudhary S/o Shri B.l Chaudhary, Aged About 28 Years, R/o 541, Naya Ghar Gulab Bari, Kalyanpura Road Ajmer Raj.
19. Miss Harsha Garg D/o Shri Ajay Kumar Garg, Aged About 27 Years, R/o 2643, Sayaroli Bazar Nasirabad District Ajmer Raj.
20. Anjali Agarwal D/o Shri Laxman Prasad Agarwal, Aged About 27 Years, R/o 1696/30, Near H.b. Furniture House, Prakash Road, Ajmer (Raj.)
----Petitioners Versus
1. Shri Ranjan Maheshwari, The Principal, Government Engineering College, Ajmer, Nh-8, Badliya Chauraha, Near Nareli Temple, Ajmer-25.
2. State Of Rajasthan, Through Secretary Higher Education Department, Secretariat Jaipur.
3. Shri Vaibhav Galaria, Additional Chief Secretary Government Of Rajasthan Higher Education Secretariat, (Downloaded on 14/09/2020 at 09:50:43 PM) (6 of 9) [CCP-1338/2018] Jaipur.
4. Shri Ashutosh At Pednekar, Commissioner College Education, Govt. Of Rajasthan Shiksa Sankul Jln Marg Jaipur
5. Smt Abha Jain, Registrar Rajasthan Technical University Kota Rajasthan.
----Respondents Connected With
5. S.B. Civil Contempt Petition No. 1275/2019
1. Sunil Kumar Sharma S/o Sh. Deen Dayal Sharma, Aged About 31 Years, R/o Pushp Vatika, Bharatpur.
2. Abhishek Mittal S/o Sh. Girraj Kishore, Aged About 40 Years, R/o 2/9-2/8/3, Namner, Agra (U.p.).
3. Aakash Deep Singh Rathore S/o Sh. Balveer Singh Rathore, Aged About 27 Years, R/o 1115, Sector 10, Avas Vikas Colony, Near Karkun Chouraha, Sikandara, Agra (U.p).
4. Mohan Kumar S/o Chandrapal Sharma, Aged About 29 Years, R/o Village Aliyaspur Bhavara, Post Chandfari, Distt. Aligarh (U.p.).
5. Narendra Katara S/o Sh. Mahendra Katara, Aged About 27 Years, R/o Chandpole Gate, Namak Katra, Bharatpur.
6. Dhanesh S/o Sh. Ramprakash, Aged About 27 Years, R/ o Yogi Gopal Garh Mohalla, Near New Mosque, Bharatpur.
7. Abhishek Chaturvedi S/o Sh. Bharat Kumar Chaturvedi, Aged About 31 Years, R/o Y-25, Karmyogi Enclave, Kamla Nagar, Dayal Bag, Agra (U.p.).
8. Navneet Kumar Sharma S/o Mahesh Chand Sharma, Aged About 30 Years, R/o H.no.28, Sher Singh Nagar, Near Tilak Nagar, Bharatpur.
9. Sachin Kumar Mishra S/o Sh. Awdhesh Kumar Mishra, Aged About 31 Years, R/o 125, Shardda Son Villa, Karwala Gali, Shivpuri, Distt. Etah (U.p.)
----Petitioners Versus
1. State Of Rajasthan, Department Of Higher Education, (Downloaded on 14/09/2020 at 09:50:43 PM) (7 of 9) [CCP-1338/2018] Govt. Of Rajasthan, Secretariate, Jaipur, Through Its Secretary.
2. Dr. Ravi Gupta, Principal, Government Engineering College, Bharatpur
----Respondents Connected With
6. S.B. Civil Contempt Petition No. 1345/2019
1. Ajay Kumar S/o Amar Singh, Aged About 24 Years, R/o C-41, Near Raghu Aata Chakki, Subhash Nagar, Bharatpur
2. Brijmohan Singh Chahar S/o Sh. Nahar Singh Chahar, Aged About 29 Years, R/o D-51, Indra Nagar, Heeradas Bharatpur
3. Yogesh Kumar S/o Sh. Padam Singh, R/o Lal Basti Adda, Near Lal Basti School, Tehsil Bayana, Distt. Bharatpur
----Petitioners Versus
1. State Of Rajasthan, Department Of Higher Education, Secretariat, Jaipur Through Its Secretary
2. Dr. Ravi Gupta, Principal, Government Engineering College, Bharatpur
----Respondents For Petitioner(s) : Mr. Kapil Bardhar Mr. Sajid Ali, through VC For Respondent(s) : Mr. C.L. Saini AAG HON'BLE MR. JUSTICE SATISH KUMAR SHARMA Order 10/09/2020
1. Learned counsel appearing on behalf of the petitioners submits that in utter violation of the directions issued by this court vide order dated 6-3-2018, the respondents are in process of replacing the petitioners with other set of guest faculties/ (Downloaded on 14/09/2020 at 09:50:43 PM) (8 of 9) [CCP-1338/2018] contractual persons for which they have issued a fresh notification. It has been further submitted that the above order dated 6-3-2018 is still in force. The writ petitions subsequently filed by the petitioners have not been dismissed on merits. Vide order dated 28-8-2019, the Hon'ble Court has given liberty to the petitioners to pursue their case in contempt petition. Thus until and unless regular selections are made by the respondents, they cannot be replaced with the new set of guest faculties/ contractual employees.
2. Learned counsel appearing on behalf of respondents submits that the petitioners are not regular employees of the respondents and they have been empanelled as guest faculties for a particular session. They cannot claim to be continued as permanent employees. It is in the domain of respondents to take their services or not as guest faculties. Their writ petition, subsequently filed, has been dismissed therefore these contempt petitions are not maintainable.
3. Heard. Considered.
4. The factual aspects, which are necessary for final decision of these petitions are not clear from the material made available on record, therefore, in view of above submissions and relevant directions issued vide court's orders, learned counsel for both the sides are directed to file affidavits containing precise and specific statements as to whether the petitioners have been replaced by the same set of guest faculties/ contractual persons or any of the (Downloaded on 14/09/2020 at 09:50:43 PM) (9 of 9) [CCP-1338/2018] court's direction has been violated, so that the factum of alleged contempt may be decided.
5. Above said affidavits be filed within two weeks positively with advance copy to counsel for the opposite party.
6. List these maters soon after filing of the affidavits.
(SATISH KUMAR SHARMA),J Arun/37-40 &206-207 (Downloaded on 14/09/2020 at 09:50:43 PM) Powered by TCPDF (www.tcpdf.org)