Dismissed

Mohammad Ashif Son of Shri Mohammed Rashid v. Coordinator, Pre- D.L.Ed and Registrar Departmental Exams

Rajasthan HC8 May 2025CW/7088/2025

Case brief

AI extract

What is this about?

A husband sought directions to cancel his wife's D.El.Ed admission and internship, alleging she misrepresented herself as a divorcee. The court held the writ petition was an abuse of process to settle personal scores, noted the authorities should examine the complaint in accordance with law, and rejected the petition with all pending applications.

What the court decided

AI extract

Mohammad Ashif Son of Shri Mohammed Rashid Vs… — Education and Admissions | Rajasthan HC (2025)

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[2025:RJ-JP:19423]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No.7088/2025

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Mohammad Ashif Son Of Shri Mohammed Rashid, Aged About 35 Years, Resident Of Gali Karigaran, Mehandi Ka Bag, Tonk, District Tonk, Rajasthan.

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----Petitioner

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Versus

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Coordinator, Pre- D.l.ed And Registrar Departmental Exams, Rajasthan, Bikaner, Rajasthan.

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Biyani Girls College, R-4, Sector-3, Vidhyadhar Nagar, M.g.p.s. Ke Samne, Jaipur, Rajasthan Through Director

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Cambridge Court College Of Education, City Jaipur, Block Sanganer, District Jaipur Rajasthan Through Director.

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District Education Officer, Office Of District Education Officer, Education Department, Tonk, Rajasthan.

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Smt. Rumana Daughter Of Aasif Miya, Resident Of Bilal Colony, Shafakat Masjid Ke Samne, Kheton Me, Tonk, Rajasthan, Present Resident Of - Babdi Road, Sarkari Nale Ke Pas, Tonk City, Rajasthan- 304001.

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----Respondents

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For Petitioner(s) : Mr. Vijay Kumar Sharma

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JUSTICE ANOOP KUMAR DHAND

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Order

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08/05/2025

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The petitioner, who happens to be the husband of respondent No.5 made a complaint to the respondent-authorities that without dissolution of their marriage, the respondent No.5 has taken admission in Diploma in Elementary Education course by showing herself as divorcee lady and now she is doing internship, therefore, appropriate directions be issued to the authorities concerned to cancel her admission as well as her internship.

[2025:RJ-JP:19423]

[CW-7088/2025]

(2 of 4)

Learned counsel for the petitioner submits that a legal notice was sent to the respondent-authorities, but in spite of passing of considerable time, till date, no action has been taken, hence, under these circumstances, the petitioner approached this Court by way of filing this writ petition for issuing appropriate directions to the respondent-authorities to take action against the respondent No.5.

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In the considered opinion of this Court, the platform of this Court cannot be used to settle personal scores between the parties. The platform of this Court cannot be permitted to be misused by way of filing such like writ petitions and the same tantamounts to abuse of process of law. The job of the petitioner is over, the moment, the complaint was submitted by him. Thereafter, the respondent-authorities would examine the truth in the allegation, hence, the respondents are expected to proceed further with the complaint in accordance with law.

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Now, with an oblique motive to settle his personal score, the petitioner has submitted this writ petition. Such act of the petitioner is sheer abuse of the process of law because the law will take its own motion. It is the settled proposition of law that process of law should not be allowed to be misused by a litigant to satisfy his personal grudges and oblique considerations to settle personal scores.

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The Hon’ble Apex Court in the case of Gurpal Singh Vs. State of Punjab reported in (2005) 5 SCC 136 has held that that the Court must not allow its process to be abused for oblique

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(3 of 4) [CW-7088/2025]

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[2025:RJ-JP:19423]

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considerations by masked phantoms, who monitor at times from behind.

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In Subrata Roy Sahara vs. Union of India & Ors. reported in (2014) 8 SCC 470 , the Hon’ble Supreme Court in Para 191 observed as under:-

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“191. The Indian judicial system is grossly afflicted with frivolous litigation. Ways and means need to be evolved to deter litigants from their compulsive obsession towards senseless and ill-considered claims.”

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Recently, the Hon’ble Apex Court in the case of Chanchalpati Das vs. The State of West Bengal & Anr. reported in (2023) SCC Online 650 has held in para 20 as under:-

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“20. We would like to add that just as bad coins drive out good coins from circulation, bad cases drive out good cases from being heard on time. Because of the proliferation of frivolous cases in the courts, the real and genuine cases have to take a backseat and are not being heard for years together. The party who initiates and continues a frivolous, irresponsible and senseless litigation or who abuses the process of the court must be saddled with exemplary cost, so that others may deter to follow such course. The matter should be viewed more seriously when people who claim themselves and project themselves to be the global spiritual leaders, engage themselves into such kind of frivolous litigations and use the court proceedings as a platform to settle their personal scores or to nurture their personal ego”

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Platform of this Court cannot be used to settle the personal

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grudges or disputes. If, at all, the petitioner, being husband of the respondent No.5, is having some ill-will against his wife (here, respondent No.5), he shall not be permitted to misuse the process of this Court, by filing the instant baseless writ petition with an ulterior motive to waste the time of other litigants.

(4 of 4)

[2025:RJ-JP:19423]

[CW-7088/2025]

The instant writ petition is highly misconceived, hence, the same is liable to be and is hereby rejected. Stay application as well as all pending application(s), if any, stands dismissed.

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(ANOOP KUMAR DHAND),J

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Karan/18

Mohammad Ashif Son of Shri Mohammed Rashid v. Coordinator, Pre- D.L.Ed and Registrar Departmental Exams

Case brief

What is this about?

What the court decided

Mohammad Ashif Son of Shri Mohammed Rashid v. Coordinator, Pre- D.L.Ed and Registrar Departmental Exams

Case brief

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What the court decided

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