The Himachal Pradesh High Court on Tuesday called for the registration of a contempt of court case against Vice-Chancellor of Himachal Pradesh National Law University (HPNLU), Shimla Prof Nishtha Jaiswal [Mitesh Jorwal v. HP National Law University].Justice Ajay Mohan Goel observed that Prof Jaiswal's decision to delegate the task of complying with an earlier court order to the University's Registrar indicated that she had willfully disobeyed the Court.
"The explanation furnished by the Vice Chancellor that because the Vice Chancellor was not personally available, therefore, the Vice Chancellor delegated the power to the Registrar to do the needful, is no answer in the eyes of law. If that was so, nothing prevented the party from moving an appropriate application before this Court seeking either the modification of the order passed by the Court or some more time to comply with the same," the Court observed.The Court was hearing a plea to implement a November 2023 order which had directed the HPNLU Vice-Chancellor to decide a student's request to reappear and retake a supplementary examination for a second-semester subject during the time when regular exams for the third year are held.The petition was disposed of with directions to Prof Jaiswal to reply to the student's representation within two days of receiving it.
However, the VC expressed that she was not available to do so and delegated the power to decide on the student's representation to the Registrar of the University.Aggrieved, the petitioner student moved an execution petition before the High Court.
Earlier this month, the Court was told that the student's representation was heard by the Vice-Chancellor, although it was later decided on later by the Registrar.The Court took a serious view of this submission on January 1, remarking,"If that is so, then the issue is more grave and serious. This Court fails to understand as to how when there was a direction issued by the Court that the representation has to be decided by the Vice Chancellor, the Vice Chancellor despite hearing the petitioner delegated the power to pass the order to the Registrar. This is a clear cut attempt of overreaching the directions passed by the Court as well as willful disobedience of the directions passed by the Court."
Subsequently, the Court was told that Prof Jaiswal had delegated the power to decide on the representation due to her unavailability at the time.In response, the Bench noted that she could have taken appropriate legal steps, such as moving court to modify the order or requesting more time for compliance.The Court thus concluded that Prof Jaiswal had willfully disobeyed its November 2023 order.
TAGS: Himachal Pradesh High Court Contempt of court HPNLU Vice-Chancellor Prof Nishtha Jaiswal
