Himachal Pradesh High Court Initiates Contempt of Court Case Against HPNLU Vice-Chancellor

Himachal Pradesh High Court Initiates Contempt of Court Case Against HPNLU Vice-Chancellor

The Himachal Pradesh High Court demanded the initiation of a contempt of court proceeding against Prof. Nishtha Jaiswal, the Vice-Chancellor of Himachal Pradesh National Law University (HPNLU) in Shimla, during its session on Tuesday.

Justice Ajay Mohan Goel noted that Prof. Jaiswal's deliberate act of assigning the responsibility of adhering to a previous court directive to the university's registrar suggested a willful disobedience of the court's order.

"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 addressing a petition urging the enforcement of a November 2023 directive. This order had instructed the Vice-Chancellor of HPNLU to make a decision regarding a student's appeal to retake a supplementary exam for a second-semester subject concurrently with the regular third-year examinations.
 
The petition was resolved with specific instructions for Prof. Jaiswal.
 
Nevertheless, the Vice-Chancellor conveyed her unavailability to handle the matter and instead delegated the authority to decide on the student's representation to the University Registrar. 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 by the Registrar.

The Court took a grave stance on this submission on January 1, making a statement that...

"If that is so, then the issue is more grave and serious. This Court fails to understand 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."

Following this, the Court was informed that Prof. Jaiswal had delegated the authority to decide on the representation, citing her unavailability during that period. In reaction, the bench highlighted that she could have pursued legal avenues, such as petitioning the court to amend the order or requesting an extension for compliance.
 
Consequently, the Court reached the conclusion that Prof. Jaiswal had deliberately disobeyed the November 2023 order. The case is scheduled for further proceedings on March 11, 2024, and Prof. Jaiswal has been informed that her physical presence in court is not required.
 
Case Title : Mitesh Jorwal v. HP National Law University
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