The Himachal Pradesh High Court in the case Dr. Nishtha Jaswal and another vs. Mitesh Jorwa observed and has stayed the contempt proceedings which initiated against the Vice Chancellor of Himachal Pradesh National Law University (HP NLU), Dr. Nishtha Jaswal, in a student’s re-examination case. The bench headed by single judge in the case observed and has directed VC Jaswal to consider a student’s request to retake a supplementary exam alongside regular third-year exams and when the VC delegated the decision to the university registrar, thus, the Single bench, deeming it ‘willful disobedience,’ had initiated the contempt proceedings.
The Division bench comprising of Chief Justice M.S. Ramachandra Rao and Justice Jyotsna Rewal Dua in the case was hearing the plea of the VC wherein the court found the contempt order premature.
The bench noted that before initiating such proceedings, a clear finding of willful disobedience must be established.
The bench in its order recorded that even before the registration of contempt case against the Vice Chancellor of H.P. NLU, learned Single Judge could not have given a finding that she had committed willful disobedience of the Court’s order.
The bench while considering the facts and circumstances of the case observed and has granted Dr. Jaswal a temporary reprieve by staying the contempt proceedings and all consequential actions until further orders.
Accordingly, the court listed the matter for further consideration on April 22, 2024.
