Judgment S.K.Seth, J. ( 1. ) This petition has been filed for directions against respondents that they should comply with the order of this Court and decide the representation of the petitioner, and further allow her to appear in PG Degree Course Examination, and respondents be punished for non-compliance of the order passed by this Court on 10.5.2007. ( 2. ) Relevant facts are as under. Applicant is employed as an Assistant Surgeon. She applied for admission to PG Course as an in-service candidate. In the Pre PG Test conducted by the Professional Examination Board, based upon her merit and ranking, she was offered admission in PG Diploma Course in Obstetrics and Gynecology. After accepting admission, applicant sought switch-over from PG Diploma to PG Degree Course. It was refused by the Director Medical Education vide communication dated 21.9.2005. Therefore, applicant filed W.P. No. 3965 of 2005. Said writ petition along with other connected petitions were decided by a common Order dated 10.5.2007. Applicant, thereafter preferred a representation on 23rd May, 2007 followed by a legal notice dated 27th July, 2007 before filing the present contempt application for taking action non-applicants. ( 3. ) After having heard learned counsel for the applicant at length, we do not find any merit and substance in this application. ( 4. ) Early man was free to act in any manner he liked. His will to do an act depended upon strength of his limbs. That instinct to prevail over another survives even today in every sphere of life. No society can exist without the laws and laws exist for the welfare of people. Laws have no meaning if they can not be enforced. Since time immemorial, judiciary has enjoyed prestige of the highest order. Slightest disrespect shown to the judiciary and disregard to its judgment and orders amounting to Contempt of Court has always been punishable under the prevailing laws of time. Contempt of Court (which has been irreverently termed "a legal thumbscrew") may be described to be a disobedience to the Court, an opposing or despising the authority, justice or dignity thereof. It commonly consists in a partys doing otherwise than he is enjoined to do, or not doing what he is commanded or required by process, order or degree of the Court.
It commonly consists in a partys doing otherwise than he is enjoined to do, or not doing what he is commanded or required by process, order or degree of the Court. Before invoking the contempt jurisdiction, one must think twice because in a given fact situation, the contempt jurisdiction could also boomerang or recoil upon the person invoking such jurisdiction. The Contempt jurisdiction must be exercised with scrupulous care only when a clear case beyond reasonable doubt is prima facie made out. Now, in the aforesaid backdrop, we have to examine whether non-applicants have willfully disobeyed the order passed in W.P. No. 3965 of 2005 so as to render themselves liable for civil contempt? ( 5. ) Learned Single Judge while deciding the writ petition, in para 12 observed as under :- "As per policy of the state Government, it is for the petitioners to submit representation to the State Government narrating the circumstances under which they were not permitted to prosecute their studies for post graduate course and they have to content (sic) with diploma course. If such representation is submitted to the State Government, State Government shall consider their case treating it to be a special case and pass orders regarding further permission to prosecute postgraduate course. It is clarified that under the Admission Rules of Pre P.G. Examination, para 16(4) clearly specifies that a candidate admitted to a particular subject course and college will not be entitled for any change on any ground. In the circumstances of the case, it is not permissible under the rules to switch over from diploma course to postgraduate course. (Emphasis is added.) 13. As discussed above, petitions are without merit and are dismissed without any orders as to costs." ( 6. ) On a bare perusal of the penultimate paragraph of the Order, it is manifest that the Court was alive to fact that once a person is granted P.G. admission in particular subject, course, or college, switch-over was impermissible on any ground. Accordingly no merit was found in the writ petitions and all of them were dismissed. The underlined portion of the Order completely wipes out directions contained in earlier part of para 12 quoted above. In such a situation, non-applicants could not be blamed for not deciding the representation because that would be an exercise in futility.
Accordingly no merit was found in the writ petitions and all of them were dismissed. The underlined portion of the Order completely wipes out directions contained in earlier part of para 12 quoted above. In such a situation, non-applicants could not be blamed for not deciding the representation because that would be an exercise in futility. This could probably be one of the reasons for withdrawal of the earlier Contempt Petition moved by the applicant with a liberty to seek appropriate remedy. (See Order dated 14.9.2007 Ann.C/-4). We do not want to go further in this aspect of matter, except to record that this Court frowns upon such gross misuse of Contempt Jurisdiction to overreach the non-applicants in the matter of impermissible switch over from P.G. Diploma Course to P.G. Degree Course. ( 7. ) In the result, this petition fails and accordingly it is hereby dismissed summarily. Petition dismissed.