MANU/RH/0006/2018

True Court CopyTM

IN THE HIGH COURT OF RAJASTHAN (JAIPUR BENCH)

D.B. Special Appeal Civil No. 8/2014

Decided On: 05.01.2018

Appellants: Ram Kishor Vs. Respondent: State of Rajasthan and Ors.

Hon'ble Judges/Coram:
Ajay Rastogi and Dinesh Chandra Somani

JUDGMENT

Ajay Rastogi, J.

1. The instant appeal has been filed u/Sec. 19 of the Contempt of Courts Act, 1971 assailing the order passed by the ld. Single Judge dt. 25.04.2014 holding the appellant guilty of alleged wilful disobedience of ex-parte orders dt. 24.01.2014 read with dt. 31.01.2014 and discarding the unconditional apology tendered by the appellant punished him with simple imprisonment of seven days.

2. The brief facts of the case which are necessary for appreciation of the matter are that the writ petition was originally preferred by an educational institution - Shri Omkar Mal B.Ed. College, Alwar whose recognition was withdrawn by the Northern Regional Committee (NRC) of the National Council for Teacher Education (NCTE) in exercise of its power conferred u/Sec. 17 of the National Council for Teacher Education Act, 1993 (in short 'the Act, 1993'). Although, it was an appealable order u/Sec. 18 of the Act, 1993 to the Council but the writ petitioner filed Civil Writ Petition No. 14944/2013 directly before the ld. Single Judge of this court u/Art. 226 of the Constitution assailing the order dt. 05.08.2013 and that came to be dismissed on the ground of availability of statutory alternative remedy of appeal provided u/Sec. 18 of the Act, 1993 before the Council constituted u/sub-sec. (1) of Sec. 3 of the Act, 1993 vide order dt. 27.08.2013, which further came to be challenged by the writ petitioner in intra-court appeal - D.B. Special Appeal (Writ) No. 874/2013 and that also came to be dismissed vide order dt. 13.09.2013 with liberty to the writ petitioner-institution to prefer appeal u/Sec. 18 of the Act, 1993 within seven days from 13.09.2013 (the date of order), it may be decided expeditiously but in no case later than two months.

3. After passing of order by the Division Bench of this Court dt. 13.09.2013, on 23.09.2013 appeal was preferred by the writ petitioner before the Council u/Sec. 18 of the Act, 1993 and that came to be decided by the Council vide order dt. 13.01.2014 with a direction to the Northern Regional Committee (NRC), Jaipur to cause inspection of new premises and pass speaking order in accordance with law. According to the appellant, copy of order dt. 13.01.2014 was received in the office of Northern Regional Committee at Jaipur on 30.01.2014

4. It may be relevant to note that Regional Committees are constituted by the Council u/Sec. 20 of the Act, 1993 and sub-sec. (3) of Sec. 20 of the Act, 1993 provides composition & constitution of Regional Committee. The Regional Director is the Convenor of the Regional Committee & he just facilitates the Regional Committee in transacting its business having no role to play in the decision making process of the Regional Committee.

5. After passing of order by the Appellate Body i.e. Council, New Delhi dt. 13.01.2014, fresh writ petition was filed by the writ petitioner-institution - S.B. Civil Writ Petition No. 780/2014 seeking a mandamus for further action to be taken by the NRC in compliance of order dt. 13.01.2014 passed by the Appellate Body i.e. Council, New Delhi. The later Writ Petition No. 780/201........