Ashok Bhan, J. - (1.) RURAL College of Education, was established and maintained by Rural College Society, Kaithal, which was registered under the Indian Registration Act, 1960. This institution is affiliated with Kurukshetra University. Kurukshetra University issued instructions that admission to the B.Ed, course be given to the persons who are domiciled in Haryana. College authorities gave admission in violation of the instructions issued by the Kurukshetra University. Since admissions were given by the college in violation of the instructions issued by the Kurukshetra University, it refused to recognise the admissions granted by the college. Management of the College filed C.W.P. No. 1857 of 1978 in this Court. A learned Single Judge allowed the writ petition on 9th October, 1978 against which L.P.A. No. 630 of 1978, was filed which was ultimately ordered to be placed before the Full Bench for final adjudication. Order off learned Single Judge was set aside and writ petition was ordered to be dismissed. This judgment is reported as Kurukshetra University and Ors. v. Rural College of Education, Kaithal : A.I.R. 1980 P&H 103. Taking a compassionate view, the Full Bench ordered that the students already admitted to B.Ed, course had already suffered on account of the dismissal of the writ petition and directed that they be duly registered by the university and would be treated as students of the University. Full Bench further directed that the disaffiliation of the College shall be withdrawn by the University on the management of the college giving an undertaking that in future they will not admit any student to B.Ed class in violation of the instructions issued by the University. Governing body of the college in the year 1970 (sic 1979) passed a resolution and authorised Shri Mohinder Singh Dhul its President to file an undertaking in terms of the orders passed by the Full Bench. Shri Mohinder Singh Dhul filed an undertaking in this Court and the University revoked the disaffiliation order as directed by this Court. Against the judgment and order of the Full Bench, management of the college filed Special Leave petition in the Supreme Court of India.
(2.) IN the meantime, in the year 1980 -81 again admissions were given by the college in violation of the instructions issued and the undertaking filed in this Court. C.W.P. No. 2090 of 1980 and some other writ petitions were filed in the Supreme Court of India directly regarding these admissions. In these writ petitions, as an interim measure, it was ordered by the Supreme Court that there would be no stay but the admissions made in the meantime shall be subject to the result of the writ petition. Writ petitions filed were taken up by the Supreme Court for hearing and were decided on 26th April, 1991. The writ petitions were dismissed and it was held that "since the College authorities have acted in violation of the express undertaking given to the High Court, prima facie they are guilty of contempt. We, therefore, direct the High Court to take appropriate action against the college and its Governing Body." Matter was placed before a Single Bench of this Court on 29th August, 1991. This Court ordered the issuance of notice of contempt to Mr. Mohinder Singh Dhul President of the Managing Committee to show cause as to why proceedings under the Contempt of Courts Act be not initiated against him. Later on notices of Contempt of Court were also issued to other members of the governing body, some of the members of the teaching staff and other employees. From the perusal of the written statement, it cannot be discerned as to who were the members of the governing body for the relevant year 1980 -81 when the admissions were granted in violation of the undertaking given in this Court. Registrar, Kurukshetra University, filed his affidavit in pursuance to the notice issued to him to give the details of the Members of the governing body. Paragraphs 5 and 6 of his affidavit are reproduced below: 5. That the University has a letter on its file dated 18th January, 1979 which is a copy of resolution No. 4 dated 9th January, 1979 passed by the Executive Committee of the Society (Haryana Rural Education Society (Regd.). As per the above mentioned resolution, the name, address, designation and term of the members of the Executive Committee are reproduced as under: JUDGEMENT_101_LAWS(P&H)7_1994.htm 6. That Shri M.S. Dhul, in his capacity as President of the Governing Body of the Rural College of Education gave undertakings to abide the rules and regulations of the University on 13th December, 1979 and on 1st January, 1980. Therefore, the Governing Body as existed in the year 1979 -80 is responsible for this commitment. The following were the members of the Governing Body during this year as detailed on the back side of the title cover of the prospectus. MEMBERS OF THE GOVERNING BODY JUDGEMENT1_101_LAWS(P&H)7_1994.htm
(3.) ON the reading of this -affidavit, it is clear that apart from Sarvshri M.S. Dhul, Ram Saran and Shankar Lal, no other person was member of the governing body in the year 1980 -81 and, therefore, cannot be held responsible for the commission of Contempt of this Court.;