RAJASTHAN VIKAS SANSTHAN Vs. G S SANDHU

JUDGEMENT

(1.) THIS contempt petition has been file by the petitioner under Sections 10 and 11 read with Section 17 of the Contempt of Courts Act as well as under Article 215 of the Constitution of India.

(2.) BRIEF facts of the case are that the petitioner society is registered society under the Societies Registration Act, 1958. The petitioner society wanted to open B. Sc. Nursing Course College. The petitioner society applied for No Objection Certificate from the State as required under the instructions issued by the Indian Nursing Council. The No Objection Certificate (for short "noc" hereinafter) was granted by the Government of Rajasthan to the petitioner society on 24. 4. 2002 on condition of obtaining no objection by the petitioner from the Indian Nursing council, New Delhi for opening B. Sc. Nursing Course College. After obtaining NOC for opening B. Sc. Nursing Course College at Jodhpur, from the Government of Rajasthan, the petitioner sought no objection from the Indian Nursing Council, New Delhi by sending letter dated 3. 5. 2002. The petitioner also paid the fee of Rs. 50,000/- by Demand Draft dated 1. 5. 2002 to the Indian Nursing Council, New Delhi. The Indian Nursing Council by letter dated 28. 8. 2002 (Annx. 7) agreed to inspect the petitioner's Nursing College on 3. 9. 2002 and it was communicated to the petitioner vide letter dated 28. 8. 2002 (Annx. 7 ). Ultimately the petitioner's institution was duly inspected by the Indian Nursing Council,new Delhi. The petitioner also applied for getting affiliation from the University of Rajasthan, Jaipur for its college vide letter dated 26. 4. 2002 and sent a draft of Rs. 105000/- to the University of Rajasthan along with letter dated 26. 4. 2002. The University of Rajasthan vide communication dated 8. 8. 2002 (Annx. 9), granted no objection to the proposal of the petitioner for opening the B. Sc. Nursing Course College subject to the condition that if such permission granted by the Indian Nursing Council also and with condition that no student shall be admitted to the said course unless and until approval of Indian Nursing Council, New Delhi is obtained as well as actual affiliation is obtained from the University of Rajasthan. It appears that some norms were changed and, therefore, the State Government vide letter dated 7. 8. 2002 (Annx. 10) informed that no objection for opening B. Sc. Nursing Course College issued in favour of the petitioner for capacity of 100 seats shall be for 60 seats in place of 100 seats. The reducing the seats was though objected by the petitioner by letter dated 12. 8. 2002 but that is not very much relevant for the purpose of deciding this contempt petition.

(3.) THE petitioner has filed the present contempt petition for punishing the contemner on the ground that in spite of the directions of this Court given in the judgment dated 1. 3. 2005 passed in S. B. Civil Writ Petition No. 3969/02 and despite submitting report by the Indian Nursing Council to the State Government ( information of which was given to the petitioner by the Indian Nursing Council vide letter dated 14. 6. 2005 (Annx. C/3)) and despite the service of notice of demand of justice upon the State dated 7. 7. 2005, the contemner has not complied with the direction issued by this Court in Writ Petition No. 3969/02, as the suspension order has not been revoked by the contemner.