TATIA, J. - (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. As per the facts pleaded in the writ petition, the controversy arose because of the reason that according to the petitioner, the then Health Minister without disclosing his identity, visited the petitioner's institute and according to the petitioner, the Hon'ble Minister misbehaved with employee of the petitioner-institute and forcibly proceeded to open the chamber of the petitioner institute's Director, and the chamber of the Director of the petitioner's institute was opened forcibly and search was made. This incident happened on 4. 9. 2002 at about 4 p. m. and the petitioner-institute immediately submitted a criminal complaint in the court of Chief Judicial Magistrate, Jodhpur on 5. 9. 2002, copy of which has been placed on record by the petitioner in the writ petition as Annx. 12. The complaint was sent to the concerned Police Station under Section 156 (3), Cr. P. C. for investigation. Then just 20 days after the above incident, on 25. 9. 2002, the petitioner received a show cause notice asking the petitioner to explain why the NOC granted by the Government of Rajasthan for opening B. Sc. Nursing Course College to the petitioner may not be cancelled. By the same communication dated 25. 9. 2002 (Annx. 13) the petitioner's NOC dated 24. 4. 2002 was suspended. The petitioner, therefore, filed the writ petition which was registered as S. B. Civil Writ Petition No. 3969/2002 and prayed for relief that the communication dated 25. 9. 2002 (Annx. 13) suspension order, suspending petitioner's NOC dated 24. 4. 2002 as well as the order of reducing the strength of the seats of the petitioner's college from 100 to 60 be quashed. The petitioner further sought direction that the State Government may be directed to do the needful so that the petitioner may start B. Sc. Nursing Course College. In the writ petition, joint reply was submitted by the State as well as by the Hon'ble Minister. In reply, the visit of the Minister to the petitioner's institute and petitioner's filing criminal complaint were not disputed and it was submitted that the petitioner was already served with show cause notice dated 7. 8. 2002 and explanation was sought by the petitioner why the NOC granted in favour of the petitioner may not be cancelled. It is denied that the communication dated 25. 9. 2002 and suspension of the NOC granted by the State was act of revenge on the part of the Health Minister. In the reply it was also submitted that for running an institute, affiliation is required from the hospital/hospitals which individually or jointly may have beds capacity of 250 beds. It is submitted that the petitioner was not fulfilling the requisite criteria for grant of permission for opening the B. Sc. Nursing Course College. In the writ petition, this Court vide order dated 4. 10. 2002 directed the Indian Nursing Council, New Delhi to process the petitioner's application as per the Rules if the petitioner complied with all the formalities. According to the petitioner, in pursuance of the order of this Court dated 4. 10. 2002, the Indian Nursing Council inspected the petitioner's institute but did not provide the report to the petitioner despite the fact that it should have been disclosed under Section 13 of the Indian Nursing Council Act. Be it as it may be, the petitioner's writ petition, S. B. Civil Writ Petition No. 3969/2002 was decided by the court vide judgment dated 1. 3. 2005. This Court on finding that in fact vide Annx. 13 dated 25. 9. 2002, the State Government has only suspended NOC which was issued in favour of the petitioner for opening the Nursing College that without going into the allegations of the malafides etc. and looking to the nature of relief claimed by the petitioner, it will be sufficient to direct the State Government to decide the proceedings initiated vide communication dated 25. 9. 2002 by which the State sought to cancel NOC issued to the petitioner for opening the B. Sc. Nursing Course College. This Court also observed that the Indian Nursing Council if has not provided the inspection report of the petitioner's institute to the State Government then the same may be provided to the State Government forthwith. The State Government was directed to decide the matter strictly in accordance with the rules and law applicable in the matter of grant of NOC for opening the B. Sc. Nursing Course College. The time was also fixed in the order by this Court dated 1. 3. 2005 that the Indian Nursing Council shall provide the report within a period of one month and the State Government shall decide the matter within three months thereafter.
(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. Notice of contempt petition was issued to the non-petitioner G. S. Sandhu, Secretary, Medical and Health Department, Government of Rajasthan, Jaipur and subsequently notice to the new Secretary, Medical and Health Department, Government of Rajasthan, Jaipur, Shri Sudhir Bhargava was also issued. Reply to the contempt petition was filed by the then Secretary, Medical and Health Department, Jaipur Shri G. S. Sandhu. It was stated in the reply affidavit that in compliance of the directions of the High Court dated 1. 3. 2005, the Indian Nursing Council did not submit its report, therefore, the State Government vide letter dated 25. 7. 2005 directed the Joint Director, Medical and Health Services, Jodhpur Zone, Jodhpur to submit report. The Joint Director submitted its report on 30. 8. 2005. Thereafter, the matter regarding grant of NOC for opening the B. Sc. Nursing Course College was considered by the State Government and since the petitioner did not fulfill the required conditions, therefore, NOC granted to the petitioner was cancelled vide order dated 12. 1. 2006. The copy of this detail order dated 12. 1. 2006 has been placed on record as Annx. R. /1. In view of the decision dated 12. 1. 2006, the contemners submitted that the contemners have complied with the orders of this Court in its letter and spirit. Along with this reply, copy of the letter written by the State Government to the Secretary, Indian Nursing Council dated 12. 1. 2006 informing the Indian Nursing Council, New Delhi about cancellation of NOC dated 24. 4. 2002 by the State (which was granted to the petitioner by the State) is also placed. ;