On Friday, the Himachal Pradesh High Court issued a stay on the contempt of court case against Prof. Nishtha Jaiswal, the Vice-Chancellor of Himachal Pradesh National Law University (HPNLU), Shimla.
The decision was made by a Division Bench comprising Chief Justice MS Ramachandra Rao and Justice Jyotsna Rewal Dua, who intervened to suspend a previous order issued by a single judge.
The single-judge order, issued by Justice Ajay Mohan Goel on January 9, directed the High Court's Registry to register a contempt of court case against Prof. Jaiswal. Justice Goel contended that the Vice-Chancellor had wilfully disobeyed a court order by delegating the responsibility of complying with an earlier directive to the University's Registrar.
However, the Division Bench, in its stay order, expressed reservations about the single judge's decision, stating that prima facie, it was inappropriate for the judge to conclude, even before registering the contempt case, that Prof. Jaiswal had committed wilful disobedience of the court's order.
The controversy stemmed from a plea to implement a November 2023 court order, which had directed Prof. Jaiswal to decide on a student's request to reappear and retake a supplementary examination for a second-semester subject during the third-year regular exams. Justice Goel disposed of the petition with instructions for Prof. Jaiswal to respond to the student's representation within two days.
However, the Vice-Chancellor expressed her unavailability to handle the matter personally and delegated the decision-making authority to the University's Registrar. This delegation of responsibility led Justice Goel to conclude that Prof. Jaiswal had wilfully disobeyed the court order, prompting him to order the registration of a contempt of court case.
The Division Bench's intervention has temporarily halted the registration of the contempt case against Prof. Jaiswal, providing relief to the Vice-Chancellor. The stay order has specifically suspended the portion of the single-judge order that directed the High Court Registry to initiate contempt proceedings. The matter is scheduled for further hearing on April 22, allowing for a more comprehensive examination of the issues at hand.
As the legal proceedings unfold, the controversy surrounding the delegation of responsibilities and the alleged wilful disobedience by the HPNLU Vice-Chancellor continues to be a focal point of attention, with the court providing a platform for a thorough examination of the events leading up to the contempt of court case.
