High Court Stays Contempt Proceedings Against HPNLU VC In Student Retest Case
The Himachal Pradesh High Court on Friday stayed contempt proceedings against the Vice Chancellor of Himachal Pradesh National Law University (HP NLU), Dr. Nishtha Jaswal, in a student's re-examination case.A Single judge bench had earlier directed VC Jaswal to consider a student's request to retake a supplementary exam alongside regular third-year exams. When the VC delegated the decision to...
The Himachal Pradesh High Court on Friday stayed contempt proceedings against the Vice Chancellor of Himachal Pradesh National Law University (HP NLU), Dr. Nishtha Jaswal, in a student's re-examination case.
A Single judge bench had earlier directed VC Jaswal to consider a student's request to retake a supplementary exam alongside regular third-year exams. When the VC delegated the decision to the university registrar, the Single bench, deeming it "willful disobedience," had initiated contempt proceedings.
Hearing the plea of the VC challenging these contempt proceedings, a Division Bench led by Chief Justice M.S. Ramachandra Rao and Justice Jyotsna Rewal Dua found the contempt order premature. They noted that before initiating such proceedings, a clear finding of willful disobedience must be established.
“Prima facie, 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 recorded.
In view of the same the bench granted Dr. Jaswal a temporary reprieve by staying the contempt proceedings and all consequential actions until further orders. The matter will now be heard on April 22, 2024
Case Title: Dr. Nishtha Jaswal & another vs. Mitesh Jorwa