Rajasthan High Court
Chaman College Of Animal ... vs State Of Rajasthan ... on 12 October, 2023
Bench: Mahendar Kumar Goyal
[2023:RJ-JP:28984]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Contempt Petition No. 1072/2019
In
S.B. Civil Writ Petition No.21298/2018
Chaman College Of Animal Husbandry, Running Under The
Rajasthan Gramoudyog Vikas Samiti Through Its Secretary
Trapta Sharma W/o Rajendra Prasad Age About 43 Years
Registered Address Plot No-E-1, Street Number-Kolana Village-
Kolana, Post Office-Bandikui, Tehsil -Baswa, District Dausa
(Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary,
Department Of Animal Husbandry Govt. Of Rajasthan,
Secretariat, Jaipur.
2. Shri P.C. Kishan, Principal Secretary, Department Of
Animal Husbandry Govt. Of Rajasthan, Jaipur.
3. Shri Hemand Dadhich, Registrar, Rajasthan University Of
Veterinary And Animal Science, (Rajuvas), Bikaner.
----Respondents
Connected With
S.B. Civil Contempt Petition No. 1115/2019
In
S.B. Civil Writ Petition No.24436/2018
Poddar Animal Husbandry Diploma Institute, Running Under The
Poddar Public School Sikhan Sansthan Through Its Secretary
Mahendra Singh S/o Suwa Lal Aged About 60 Years R/o Village
Lili Laxmangarh, District-Alwar (Rajasthan)
----Petitioner
Versus
1. State Of Rajasthan, Principal Secretary Department Of
Animal Husbandary, Govt. Of Rajasthan, Secretariat,
Jaipur.
2. Shri Abhay Kumar, Principal Secretary, Department Of
Animal Husbandary Govt. Of Rajasthan, Secretariat,
Jaipur.
[2023:RJ-JP:28984] (2 of 4) [CCP-1072/2019]
3. Shri Ajeet Singh Rajawat, Registrar, Rajasthan University
Of Veterinary And Animal Science, (Rajuvas), Bikaner.
----Respondents
S.B. Civil Contempt Petition No. 1116/2019
In
S.B. Civil Writ Petition No.27997/2018
Sir Choturam Lsa, Training Institute, Bharatpur Running Under
The Educational And Rural Development Society Through Its
Secretary Dr. Prem Singh Kuntal S/o Shri Rajveer Singh, Age 54
Years, R/o B-46, New Civil Lines, Bharatpur
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary
Department Of Animal Husbandry Govt. Of Rajasthan
Secretariat, Jaipur
2. Shri Abhay Kumar, Principal Secretary, Department Of
Animal Husbandry Govt. Of Rajasthan Secretariat, Jaipur
3. Shri Ajeet Singh Rajawat, Registrar, Rajasthan University
Of Veterinary And Animal Science (Rajuvas) Bikaner
----Respondents
For Petitioner(s) : Mr. Indresh Sharma with
Mr. Rajesh Kumar
For Respondent(s) : Ms. Sheetal Mirdha, AAG with
Mr. Prateek Singh
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Judgment / Order
12/10/2023
These contempt petitions have been filed alleging wilful
disobedience of the order dated 27.03.2019 passed by this Court
whereby, the respondents were directed to consider and decide
the pending applications of the petitioners with reference to
enhancement of intake of seats in accordance with law within two
months.
[2023:RJ-JP:28984] (3 of 4) [CCP-1072/2019]
Inviting attention of this Court towards the various orders
passed by the respondents from time to time such as dated
25.09.2019 (Annexure-R/1/1), 03.10.2019 (Annexure-R/1/2) and
05.03.2020 (Annexure-R/3) appended with the reply filed by
them, learned counsel for the petitioners submits that the
respondents have been changing their stand and without
considering the relevant factors, their applications for
enhancement of intake of seats has been rejected that too with
delay. He submits that while, their applications for enhancement
of intake of seats has been rejected, other similarly situated
colleges are being extended similar benefit. He, therefore, prays
that the respondents may be directed to purge the contempt and
they may also be punished suitably.
Per contra, learned counsel for the respondents would submit
that in pursuance of direction issued by this Court vide order
dated 27.03.2019, after considering the applications filed by the
petitioners for enhancement of intake of seats in accordance with
law, the same have been dismissed for the reasons mentioned in
the order dated 05.03.2020. She further submits that the order
dated 05.03.2020 has already been assailed by the petitioners by
way of independent writ petition(s) which is pending consideration
before this Court. She, therefore, prays for dismissal of the
contempt petitions.
This Court has, vide order dated 27.03.2019, contempt
whereof is alleged, issued following directions:
"In view of the above, the State-
respondents are directed to consider and
decide the pending application(s) of the
[2023:RJ-JP:28984] (4 of 4) [CCP-1072/2019]
petitioners with reference to enhancement of
intake of seats in accordance with law, as
expeditiously as possible; however, in no case
later than two months as prayed on behalf of
the State-respondents."
Indisputably, the applications filed by the petitioners for
enhancement of intake of seats have been decided by the
respondents vide order dated 05.03.2020. It is not open for this
Court to examine the validity of the order dated 05.03.2020 in its
contempt jurisdiction especially, in absence of any direction by this
Court in the order dated 27.03.2019 to decide the applications in
a particular manner.
In view thereof, this Court is satisfied that there has been
substantial compliance of the order dated 27.03.2019.
Resultantly, these contempt petitions are dismissed.
(MAHENDAR KUMAR GOYAL),J
Sudha /18-19
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