Rajasthan High Court
Raj Pradesh Niji College Sangh vs Kesang Yangzom Sherpa, ... on 6 October, 2023
Bench: Mahendar Kumar Goyal
[2023:RJ-JP:27386]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Contempt Petition No. 510/2022
In
S.B. Civil Writ Petition No.19554/2019
Raj Pradesh Niji College Sangh, 406, Vardhman Apartment, Devi
Marg, Banipark, Jaipur Through Its Secretary, Shri Ram Chandra
Singh.
----Petitioner
Versus
Kesang Yangzom Sherpa, I.R.S. Member Secretary, National
Council For Teacher Education, G-7, Sector-10, Near Metro
Station, Dwarka, Delhi-110075.
----Respondent/Contemnor
For Petitioner(s) : Mr. Prahlad Sharma
For Respondent(s) : Ms. Poonam Mishra for
Ms. Sweta Pareek
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Judgment / Order
06/10/2023
This contempt petition has been filed alleging wilful
disobedience of the interim order dated 22.01.2020 passed by this
Court whereby, the respondent was directed not to take any
coercive action against the members of the petitioner federation
on account of non-submission of the Performance Appraisal Report
(for brevity, 'PAR').
Referring to the minutes of the 54th General Body Meeting
(Emergent) of the NCTE held on 27.04.2022, learned counsel for
the petitioner submits that despite the aforesaid interim order, the
respondent has declared the Academic Session 2022-2023 of the
[2023:RJ-JP:27386] (2 of 3) [CCP-510/2022]
members of the petitioner federation as Zero Academic Year for
fresh intake for want of 'PAR'. He, therefore, prays that the
respondent may be directed to purge the contempt and he may
also be punished suitably.
Per contra, learned counsel for the respondent, inviting
attention of this Court towards the order dated 27.05.2022 passed
by this court dismissing an application filed by the petitioner
seeking extension of time in the writ petition no.19554/2019,
would submit that the decision by the NCTE on 27.04.2020 was to
be taken in view of the order passed by the Hon'ble Supreme
Court of India in SLP (C) No.5372/2022 involving identical
controversy and no contempt is made out. She, therefore, prays
for dismissal of the contempt petition.
Heard. Considered.
A perusal of the minutes of the 54 th General Body Meeting of
the NCTE reveals that the decision to declare the Session 2022-
2023 as Zero Academic year was taken in pursuance of direction
of the Hon'ble Supreme Court of India. This Court has, while
dismissing the misc. application filed by the petitioner seeking
extension of time in the writ petition, made following
observations:
"The Court finds that the Public Notice dated
03.05.2022 has been issued by NCTE as per the
deadline fixed by the Apex Court of submitting PAR
up to mid-night of 2.04.2022 and if the institutions
have not furnished their respective PAR, the
respondents were within their domain to issue
Public Notice dated 3.05.2022.
[2023:RJ-JP:27386] (3 of 3) [CCP-510/2022]
The submission of learned counsel for the
petitioner that since there is an interim order in
their favour of not taking any coercive action and
as such, the time may be extended by this Court,
the Court finds that challenge to Public Notice
dated 22.09.2019 has already been dismissed by
Single Bench of Delhi High Court and Division
Bench of Delhi High Court had permitted extension
of time and finally, the Apex Court fixed the
deadline up to mid-night of 2.04. 2022.
This Court in view of the order passed by the
Apex Court cannot extended the time limit, as has
been prayed by the petitioner federation.
Accordingly, the prayer sought by the
petitioner federation is rejected.
The application stands dismissed with the
aforesaid."
Since, the decision was taken by the NCTE in its 54 th General
Body Meeting in pursuance of the order passed by the Hon'ble
Supreme Court of India, the respondent cannot be held guilty of
wilful disobedience of the interim order dated 22.01.2020 passed
by this Court.
Resultantly, this contempt petition is dismissed.
Notices are discharged.
(MAHENDAR KUMAR GOYAL),J
Sudha/117
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