Deepak Kumar Kirodiya S/O Shri Jumman Lal Kirodiya, Vs Shri Krishan Kunal — Rajasthan HC (2025) — LawSathi Research

Deepak Kumar Kirodiya S/O Shri Jumman Lal Kirodiya, Vs Shri Krishan Kunal — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Contempt petition disposed of without issuing notice on contempt; petitioner's case directed to be examined in terms of this Court's order dated 01.12.2021 in Shri Banwari Lal Bhukar & Anr. vs. Anoop Khinchi & Ors. (D.B. Civil Contempt Petition No.740/2016 and connected matters); all authorities, including the Secretariat of the Department of College Education and private school education officials, obliged to provide information demanded by the Commissionerate of College Education towards compliance.

Issue for consideration

Whether the alleged disobedience of this Court's order dated 06.11.2015 warrants issuance of notice on contempt, or whether the petitioner's case should instead be examined in terms of the directions given in this Court's order dated 01.12.2021 in Shri Banwari Lal Bhukar & Anr. vs. Anoop Khinchi & Ors. (D.B. Civil Contempt Petition No.740/2016 and connected matters).

Court's answer

Instead of issuing notice on contempt, the Court disposed of the petition with a direction that the petitioner's case shall also be examined in terms of the order dated 01.12.2021 passed by this Court in Shri Banwari Lal Bhukar & Anr. vs. Anoop Khinchi & Ors. (D.B. Civil Contempt Petition No.740/2016 and other connected matters).

Ratio / Principle

All authorities, including the Secretariat of the Department of College Education and the private school education officials, are under an obligation to provide necessary information, if any demanded by the Commissionerate of College Education, towards compliance of the order earlier passed by this Court and in the case referred to hereinabove.

Key takeaways

The order passed by this Court (alleged to have been disobeyed) was a judgment in rem.obiter¶19

Detailed headnote1 paragraphs

Contempt Petition (DB) — Alleged disobedience of High Court order dated 06.11.2015 (a judgment in rem) passed in D.B. Civil Special Appeal (Writ) No.663/2015 — Instead of issuing notice on contempt, petition disposed of with direction that petitioner's case be examined in terms of the Court's order dated 01.12.2021 in Shri Banwari Lal Bhukar & Anr. vs. Anoop Khinchi & Ors., D.B. Civil Contempt Petition No.740/2016 and connected matters, which contained detailed compliance directions (including reference to Hon'ble Supreme Court's directions of 09.09.2021 in State of Rajasthan Versus Manju Saxena & Ors., Special Leave to Appeal (c) No.13791/2019, requiring compliance within eight weeks) — All authorities, including the Secretariat of the Department of College Education and private school education officials, placed under obligation to provide necessary information, if demanded by the Commissionerate of College Education, towards compliance.

[2025:RJ-JP:15893-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

D.B. Civil Contempt Petition No. 232/2025

In

D.B. Civil Special Appeal (Writ) No.663/2015

Deepak Kumar Kirodiya S/o Shri Jumman Lal Kirodiya, Aged About 59 Years, R/o Village And Post Chhapoli, Tehsil Udaipurwati, District Jhunjhunu(Raj.).

----Petitioner

Versus

Shri Krishan Kunal, Secretary, Department Of School Education, Government Of Rajasthan, Secretariat, Jaipur.

Shri Sita Ram Jat, Director Elementary Education, Bikaner (Raj.).

Shri Parmeshwar Lal, Secretary, Managing Committee Adarsh Bal Niketan Upper Primary School, Choona Chowk, Rani Sati Road, Jhunjhunu.

State Of Rajasthan, Through Secretary, Department Of School Education, Government Of Rajasthan, Secretariat, Jaipur.

----Respondents

For Petitioner(s) : Mr. Gajendra Singh Katara on behalf of Mr. Ishwar Jain

HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ANAND SHARMA

Order

09/04/2025

The contempt petition has been filed alleging disobedience of an order passed by this Court on 06.11.2015.

The order passed by this Court was a judgment in rem.

The respondents shall consider the case of the petitioner. Instead of issuing notice on contempt, we are inclined to dispose of this petition with a direction that the case of the petitioner shall also be examined in terms of an order dated 01.12.2021 passed by this Court in the case of Shri Banwari Lal Bhukar & Anr. vs.

Anoop Khinchi & Ors.-D.B. Civil Contempt Petition

(2 of 2)

[2025:RJ-JP:15893-DB]

[CCP-232/2025]

No.740/2016 and other connected matters wherein this Court had given detailed directions as below:-

“1. It shall be an obligation on the part of the Commissioner, College Education to immediately release the dues payable to the petitioners as per the directions issued by this Court from time to time and the directions which have already been issued by the Hon’ble Supreme Court on 09.09.2021 in the case of State of Rajasthan Versus Manju Saxena & Ors., Special Leave to Appeal (c) No.13791/2019, wherein, the Hon’ble Supreme Court had directed compliance to be made within a period of eight weeks.

A brief, but clear order regarding compliance of the order in respect of each of the contempt petitioners will have to be passed by the concerned Directorate within a period of ten weeks from today.

The orders in respect of each of the contempt petitioners, which are required to be passed clearly stating compliance of the order, shall be reported directly to the Registry of this Court, which shall be placed before this Court under a separate registered case.

With the aforesaid observations and directions, this contempt petition, at this stage, is disposed off, however, with liberty to revive, if any grievance still remains unredressed.”

All the authorities including the Secretariat of the Department of College Education as also the private school education officials shall be under an obligation to provide necessary information, if any demanded by Commissionerate of College Education, towards compliance of the order which was passed earlier by this Court and in the case referred to hereinabove.

The contempt petition stands disposed of.

(ANAND SHARMA),J (MANINDRA MOHAN SHRIVASTAVA),CJ

RAJAT/PCG/21