Anil Kumar Shahi
& Ors. Vs. Ram Sevak & ANR. [2008] INSC 1212 (24 July 2008)
Judgment
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CONTEMPT PETITION (C) No. 91 OF 2006 IN
CIVIL APPEAL NO.1124 OF 2000 Anil Kumar Shahi & Ors. ..... Petitioners
Versus Prof. Ram Sevak Yadav & Ors. ..... Respondents WITH
CONTEMPT PETITION (C) No. 162 OF 2007 IN CONTEMPT PETITION (C) No. 91 OF 2006
IN CIVIL APPEAL NO.1124 OF 2000
Lokeshwar Singh
Panta, J.
Contempt Petition (C)
91 of 2006 This is a petition under Article 129 of the Constitution of India
read with Section 2(b) of the Contempt of Courts Act, 1971 preferred by Anil
Kumar Shahi, Ghanshyam Singh, Davendra 2 Singh and Raj Narain Lal, petitioners
herein, inter alia praying for the following reliefs:- "(a) initiate
contempt proceedings against the contemnors for their willful disobedience and
uphold the majesty of this Hon'ble Court;
and/or (b) direct the
respondents to disclose the marks obtained by the petitioner as well as cut-off
marks beyond which the candidates were called for interview; and/or (c) quash
order dated 7.4.2006 passed by the respondent no. 2 which is in contravention
of the order dated 7.3.2006 passed by this Hon'ble Court; and/or (d) direct the
respondents that if the candidates are found to have obtained equal to or more
than cut-off marks, then to call the candidates for interview and recommend the
candidates; and/or (e) direct the respondents/U.P. Government that thereafter
to appoint the candidates in order of their post of preference as was submitted
by the candidates during the mains examination; and/or (f) pass such other or
further orders as this Hon'ble Court may deem fit and proper in the
circumstances of the present case."
3 Briefly stated,
the facts giving rise to the filing of the present petition are as under:- The
petitioners and other candidates had appeared in the preliminary and main
examinations for the year 1997 conducted by the Uttar Pradesh Public Service
Commission [`the UPPSC'] for the posts of Principal, Government Inter College
(Boys and Girls) and Senior Lecturer in District Education and Training
Institutes along with other posts in the State of U.P. and a combined
State/Upper Subordinate Services. A group of candidates appearing for various
posts for the years 1996 and 1997 filed writ petitions before the High Court of
Judicature at Allahabad.
The High Court in the
case of Tulsi Ram and Ors. v. State of U. P. & Ors. [Writ Petition NO.40849
of 1977] while dealing with the case of 1996 batch was pleased to decide the
issue with regard to the eligibility criteria. Aggrieved thereby, a number of
special leave petitions were preferred by the candidates before this Court.
The writ petition
filed by the petitioners for the posts of Principals and Senior Lecturers was
dismissed by the High Court with a short order which reads as under:- 4
"The facts of the case are covered by the judgment of this Court in Tulsi
Ram and others vs. State of U.P. & Others in Writ Petition No. 40849 of 1997
decided on 13.5.98.
The writ petition is
disposed of on same condition and direction as in aforesaid judgment."
The judgment in Tulsi
Ram's case (supra) was challenged before this Court in a group of matters. By
an order made on 10.01.2001 in Civil Appeal Nos. 961-962/1999, Civil Appeal No.
1124 of 2000 filed by the present petitioners, was delinked from the said group
of matters.
In Civil Appeal Nos.
961-962/1999, titled Mohd. Altaf & Ors. v. Public Service Commission &
Anr. this Court decided the question of law that was raised in the aforesaid
case of Tulsi Ram. The controversy in Tulsi Ram`s case centered round the
interpretation of the eligibility criteria for holding the posts. The
eligibility criteria as advertised/notified read as under:
"(3) For the Post
of Principal, Government Inter College (Boys/Girls) and Senior Lecturer in
District Education and Training Institute - (1) Post Graduate degree from a
recognised university or any degree equivalent thereto recognised by the 5
Government. (2) L.T. Diploma from Education Department of U.P. or B.T. or B.Ed.
or any other degree of University equivalent thereto. (3) At least three years'
of teaching experience as head of any Senior Secondary or normal School or
three years experience of or normal School or three years experience of
teaching Intermediate or higher classes or in C.T. or L.T. Training Post
Graduate College as lecturer."
It was the case of
the petitioners before the High Court that experience contemplated by the
above-said eligibility criteria No. 3 was not restricted to teaching in
Government schools, while the UP Public Service Commission was of the view that
the teaching experience could be counted only if it was in a Government School.
This controversy was resolved and settled finally by this Court in Mohd.
Altaf's case (supra) by holding that the Lecturers having three years teaching
experience in CT/LT colleges in Training Colleges were also eligible, since the
Rules nowhere prescribed that teaching experience should be that of a teacher in
Government College or aided or unaided Government College or institution.
Further, it was observed that teaching experience may be from any Higher
Secondary School or High School or from an institute having Intermediate or 6
Higher Classes. Having laid down the law, the UPPSC was directed to implement
and carry out the directions of the High Court and prepare a list of eligible
teachers for being appointed to the post advertised within a stipulated period.
After the list was prepared in accordance with the directions given by this
Court on March 14, 2001, the appeals came up for hearing and disposed of by a
final order made on 20th February, 2002 and in the concluding paragraph of the
order, it is said:- "Lastly, it is clarified that the directions issued by
this Court on 10.1.2001 as well as today would be implemented in favour of all
the eligible candidates."
It was observed in
the order dated 10.01.2001:- "The aforesaid direction is to be considered
in the light of the discussion in the judgment, which specifically provides
that if the teachers who have been substantively appointed in accordance with
the provisions of the Act and the Regulations framed thereunder are not paid
the salary from the public treasury as those institutions were not given maintenance
grant/grant-in-aid it cannot be blamed for the lapse on the part of the State
Government and such teacher cannot be excluded for being considered to be
appointed. The learned counsel for the parties have pointed that most of the
matters filed by the teachers are with regard to this 7 clause. It is their
contention that if this direction as explained in the body of this judgment
stands implemented most of the matters may not survive."
The petitioners
thereafter made an application, IA No. 4 of 2003 before this Court placing on
record the various orders passed in Mohd. Altaf's case with a prayer that their
appeals be also allowed in terms of the orders of this Court dated 10.01.2001
and 20.02.2002 made in C.A. Nos. 961-962/1999 and for consequential directions
as prayed for by them. While opposing the prayer made in IA No. 4, the UPPSC
filed a counter affidavit in which they have raised a fresh issue that the
petitioners were not included in the list of successful candidates because they
had failed to qualify the written examination and, therefore, there was no
occasion at all to call the unqualified candidates for interview. This stand,
however, has been denied by the petitioners in the rejoinder affidavit, wherein
it is pointed out that the UPPSC had wrongly included the names of the
candidates in the select list, who were originally not even notified 8 in the
Official Gazette Notification. Having heard the learned counsel for the
parties, this Court on March 07, 2006 held:- "In our view, it is not open
to the respondents to raise a fresh controversy on facts before this Court for
the first time. We are informed, and it is not disputed before us, that the
respondents did not file a counter affidavit before the High Court opposing the
averments made in the writ petition, nor have they done so before us.
The new case sought
to be set out, about the appellants not having been qualified in the main
examination, appears for the first time in reply to IA 4. Since there has been
no investigation of facts in this case, we decline to entertain this
controversy.
In the result, the
appeal is allowed to the extent of directing the respondents to implement the
orders in Mohd Altaf dated 10.01.2001 and 20.2.2002 (C.A. Nos. 961- 962/1999)
and apply the same eligibility criteria as decided by this Court in the
aforesaid orders to the case of the appellants. If it is the case of the
respondents that the appellants did not qualify in the main examination and,
therefore, they were not called for the interview, it is open to the
respondents to pass appropriate orders giving the reason as to why the case of
the appellants has not been considered and disclose the marks obtained by them
as well as cut-off marks beyond which the candidates were called for interview.
It will be equally open to the appellants to challenge such an order, if passed
by the UPPSC.
9 The learned
counsel appearing for the UPPSC states that they have already filed a list of
candidates whose cases had been considered pursuant to the direction of this
Court. As indicated earlier, this controversy being raised for the first time
before this Court, we decline to go into it and leave it open.
Since the matter has
been considerably delayed, the respondents are directed to pass appropriate
orders and communicate them to the appellants within a period of four weeks
from today.
The appeal is
accordingly allowed with no order as to costs."
It appears from the
record that in compliance with the above-extracted order of this Court, the
contesting respondents took some decision, which according to the petitioners,
is manifestly in violation of the tenor and spirit of the order of this Court.
In this petition, it is stated that the respondents for the first time in their
Office Order dated 7.4 2006 took a different stand, which reads as under:-
"Because during the relevant time according to experience contemplated by
the eligibility criterion No. 3 as set by the Commission, the petitioners were
found ineligible, therefore they were not called for interview and in view 10
of the observations made by Hon'ble Supreme Court in order dated 20.2.2002, the
order dated 10.1.2000 and 20.2.2002 are applicable to those candidates who had
appeared in the interview. Therefore in the expressed situation, it has been
decided by the Hon'ble Commission that in view of the order dated 20.2.2002
passed by the Hon'ble Supreme Court it is impossible to call the candidates for
interview."
It is further stated
that in view of the above stand of the respondents, it is clear that the
respondents are guilty of wilful and deliberate contempt of this Court as they
are time and again changing stands, so as to misguide this Court and are not
disclosing the marks obtained by the petitioners, as well as cut- off marks
beyond which the candidates were called for interview despite unambiguous
directions passed by this Court. It is also stated that this is not the first
time when the respondents are deliberately flouting and circumventing the
orders passed by this Court. This Court in its earlier judgment dated
28.11.2001 passed in the case of Mohd. Altaf (supra) while dealing with similar
situation was pleased to record and observe as under:- "....It appears
that the UPPSC is interested in suppressing some facts from the court as 11
well as from the candidates who appeared in the examinations for some ulterior
purpose.
From a constitutional
functionary like Public Service Commissions much higher standards are expected
not only by the Courts but also by the Public at large. If there is a mal-
administrations at the level of Public Service Commissions there would be
rampant favoritism in making appointments to the service of the state. Despite
our various orders making abundantly clear, today also the affidavit which is
filed on behalf of the UPPSC is not complete and contains half truth. ..... In
our view, this is an absurd stand because it is the duty of the Public Service
Commissions to declare on the Notice Board result indicating marks with all
other relevant details. In such examinations transparency is expected and
results cannot be kept secret.... Here also the UPPSC wants to play with the
court. .... The Chairman and the Secretary of the UPPSC are directed to
deposits with the registry cost of 10,000/- each for wasting the court time.
Such costs shall be paid by the concerned personally and not by the
Commission."
It is further the
case of the petitioners that the conduct of the contending respondents speaks
of bias and mala fides on their part and they on one pretext or the other have
tried to exclude the petitioners from their lawful claim of appointment.
The contempt petition
was listed before this Court on 8.5.2006 when this Court passed the following
order:- 12 "Issue notice returnable in the month of July, 2006.
Mr. Shail Kumar
Dwivedi, the learned counsel, appears and accepts notice for U.P. Public
Service Commission.
Personal presence of
respondent Nos. 1 and 2 is dispensed with for the time being."
The matter came up
before this Court on number of dates and for one reason or the other at the
request of the learned counsel for the U.P. Public Service Commission and the
State of U.P., the matter continued to be adjourned from time to time.
On 9.3.2007, this
Court directed the respondent-U.P. Public Service Commission to bring on record
the documents showing recommendations by it. Thereafter, it was on November 14,
2007 that this Court passed the following order:- "Put up this matter on
16.11.2007 for further hearing at 1.30 p.m.
On that day the
Secretary of the Education Department, State of U.P. as also the Secretary of
the U.P. Public Service Commission shall personally remain present in the Court
with all requisite files.
In the first half,
the said documents would be given to the learned counsel for the petitioners
for inspection.
13 A chart showing
the vacancy position as obtaining in the years 1996, 1997, 1999 shall be
separately prepared. A Chart shall also be prepared showing the filling up of
the vacancies in respect of those years separately including the fact as to
whether any of those posts have been filled up from amongst the reserved
category candidates.
It will further be
shown as to how and in what manner the State in spite of order of this Court,
directed the vacancies to be carried forward despite the fact that recommendations
were made for filling up the vacancies by the Commission.
The list of 443
candidates in whose favour the recommendations have been made shall be produced
before this Court."
Contempt Petition No.
162 of 2007:
In this petition, the
petitioners inter alia pray for the following reliefs:- "(a) initiate
contempt proceedings against the contemnors for their willful disobedience and
uphold the majesty of this Hon'ble Court;
and/or (b) direct the
respondents to recommend the names of the petitioners in terms of the order
dated 9.3.2007; and/or (c) direct the respondents/U.P. Government that
thereafter to appoint the candidates in order of their post of preference as
was submitted by the candidates during the mains examination; and/or 14 (d)
pass such other or further orders as this Hon'ble Court may deem fit and proper
in the circumstances of the present case."
On 16.11.2007, an
application for exemption from personal appearance of Dr. (Prof.) Ram Sewak
Yadav, Chairman of U.P. Public Service Commission and Dr. J.B. Sinha, Secretary
U.P. Public Service Commission, was allowed. The matter was ordered to be
listed on 10th December, 2007 at 1:30 p.m. and in the meantime the State of UP
was asked to allow the learned counsel for the petitioners as also the
petitioners to inspect the record which was produced before this Court on that
day. When the matter was called for hearing on 8.2.2008, this Court made the
following order:- "Mr. Colin Gonsalves, learned senior counsel handed over
chart to us showing the discrepancies as obtaining in the records maintained by
the State of Uttar Pradesh and UPPSC.
Mr. H.N. Salve,
learned counsel prays for some time to respond to the said Chart. Mr. Shrish
Kumar Misra, learned counsel also joins Mr. Salve, learned counsel in making
the said prayer.
15 List of 443
candidates for the 1997 batch, as directed, be furnished to Mr. Colin
Gonsalves. Issue notice on the application for intervention/direction. Personal
appearance of the alleged contemnors is dispensed with till further orders.
Put up after two
weeks."
During the pendency
of the contempt petitions, I.A. No. 12 was filed by Mani Ram Singh praying for
intervention and making oral submissions in regard to his claim for appointment
against the above said post. Notice on this application was issued on 8.2.2008.
One application for impleadment in the contempt petitions was filed by Jamna
Prasad Gangwar with a prayer to issue direction to the State of U.P. to appoint
him and other eligible candidates belonging to the reserved categories of 1996
batch to the posts of Principal of Inter College (Boys/Girls) in the State of
U.P. within 15 days and submit its compliance.
In reply to the
Contempt Petition ) No. 91 of 2006 and I.A. No.12 of 2008, three sets of
separate affidavits were filed by the respondents. Prof. Ram Sevak Yadav -
respondent No.1 herein, Chairman U.P. Public Service Commission, Allahabad, in
his 16 affidavit at the outset, submitted that he has the highest regards for
the orders passed by this Court and he has taken necessary action in compliance
of the order dated 07.03.2006 passed by this Court in C. A. No. 1124 of 2000.
However, in compliance thereto, if there be any kind of discrepancy, bona fide
omission or inadvertence in paying due regard to the order of this Court, he
submitted his unconditional and unqualified apology for the same. Further, he
submitted that he shall do everything in due compliance of the orders of this
Court as may be directed and the Commission being a constitutional body is duty
bound to comply with the orders of this Court. He also submitted that he being
the Chairman of the Commission has never intended to disobey or to disrespect
the orders of this Court or to do anything, which may amount to contempt of the
orders of this Court. He submitted that in compliance of the orders of this
Court, the petitioners made representation to the Commission and the Commission
passed an Office Order on 07.04.2006 on its interpretation of the order dated
20.02.2002 passed by this Court in Civil Appeal Nos. 961-962 of 1999 titled
Mohd. Altaf & Ors. v. Public Service Commission & Anr., in which it
was 17 ordered that the orders would be applicable to all concerned who
appeared in interview on the relevant date. As the petitioners in the present
case had not been called for interview till the passing of the order dated
20.02.2002, their case could not be considered. However, after rejection of the
representation of the petitioners, the Commission realised that the order dated
20.02.2002 should be made applicable to the petitioners due to their higher
marks than the cut-off marks. Accordingly, the Commission took necessary steps
by deliberating upon the whole matter in accordance with the orders dated
10.01.2001, 20.02.2002, 28.11.2002, 28.08.2003 and 07.03.2006 passed by this
Court. He submitted that in Contempt Petition No.372 of 2002 in Civil Appeal
No.962 of 1999, Shamim Khanam v. K. B. Pandey and other connected matters, this
Court was pleased to consider the cases of all the candidates who had appeared
in the years 1996, 1997 and 1999 Examinations for appointment to the post of
Principals in the Government Colleges. The relevant extract of the directions
contained in the order dated 05.08.2003 reads as under:- 18 "It is
ordered that the candidates who had appeared in the year 1996, 1997 and 1999
would be considered for vacancies existing as on 30.06.2003 in accordance with
the merit list prepared of all the eligible candidates for the various
years."
It is stated that in
the said Contempt Petition a clarificatory order dated 28.08.2003 was passed by
this Court, which reads as under:- "It is further made clear that
appointment to these 97 posts would be after earmarking the reserved categories
and thereafter on the basis of merit list prepared by the U. P.
Public Service
Commission for the year 1996 examination. If other vacancies still remain,
appointments would be after taking into consideration merit list of 1997
examination and thereafter 1999 examination result."
The first respondent
further submitted that having regard to the various orders passed by this
Court, the Commission had disclosed the marks to the petitioners and
subsequently called them for interview scheduled to be held on 14.07.2006 in
the Office of the Commission at Allahabad. All the petitioners appeared before
the Interview Board of the Commission. The Commission accordingly revised the
Combined Merit List of PCS 19 Examination-1997 for the category of Principals
on 14.07.2006 itself. The placement of the petitioners in the aforesaid
Combined Merit List has been stated at Sl. Nos. 54, 156, 118 and 104
respectively. The petitioners have been included in the Eligibility List of
1997 along with other candidates. It is submitted that the Commission is not in
a position to recommend the candidature of the petitioners to the State
Government for the following reasons:- (i) The order dated 28.08.2003 passed by
this Hon'ble Court requiring the recommendation against the existing vacancies
for the candidates of the 1996 examination first and thereafter for the
candidates of 1997 examination.
(ii) The petitioners
belong to 1997 examination and in absence of vacancies, their candidature
cannot be recommended as directed by this Hon'ble Court vide order dated
28.08.2003.
(iii) The State Govt.
vide its letter dated 11.05.2006 addressed to the Commission had already
communicated that the State Govt. had decided not to fill up the remaining 45
vacancies on ad-hoc basis. Even if the State Govt. had permitted to fill up the
45 vacancies on ad-hoc basis it would have gone to 70 candidates of 1996
examination in terms of the order passed by this Hon'ble Court on 28.08.2003.
Therefore, in any case, it would not be possible to make a recommendation in
respect of the petitioners who are eligible candidates of 1997
examination."
20 Dr. J. B. Sinha,
Secretary, UPPSC, filed a separate affidavit in which he pleaded identical
statement as stated by the Chairman of the Commission. In rejoinder, the
petitioners reiterated the averments made in the Contempt Petition. Dr. J. B.
Sinha, Secretary, UPPSC, in his additional affidavit stated that in compliance
with the judgment dated 07.03.2006 passed by this Court the petitioners were
also placed in the list of eligible Teachers for appointments in the revised list
drawn on 14.07.2006. A meeting in this regard was held in the Office of the
State Government on 07.03.2007. The State Government has not appointed all the
eligible candidates for the examination held in the year 1996. He submitted
that no appointment has been made from merit list of eligible candidates for
1997 and 1999 examinations, which had been prepared pursuant to the orders
dated 10.01.2001 and 20.02.2002 passed by this Court.
He also stated that
the Commission vide its letter dated 23.03.2007 addressed to the Secretary,
Government of U. P., sent the revised merit list dated 14.07.2006 as well as
Notification of the Commission dated 25.07.2006 for taking necessary action at
State Government level. He also submitted 21 that there is no willful disobedience
to the judgment/orders of this Court and he bow down before the majesty of this
Court. He tendered his unconditional apology for any inaction on the part of
the Commission or on his part in-person in understanding the true meaning of
the judgment of this Court. Copies of the revised combined merit list of the
PCS Examination, 1997 (Main) issued on 14.07.2006 for the posts of Principals
along with combined merit list of PCS Examination, 1996 (Main) eligible
candidates in terms of order of this Court dated 14.08.2003 are placed on
record.
Ms. Gayatri Adult,
Deputy Director (Services-I), Directorate of Education, Allahabad, in
compliance to the order of this Court dated 29.08.2007, filed affidavit on
behalf of the State of U. P. and Directorate of Education, Allahabad,
(Respondent Nos. 3 & 4) stating therein that 50 posts of Principals,
Government of Inter College (Boys and Girls) and 47 posts of Senior Lecturers
in District Institutes of Education Training were lying vacant as on
28.08.2003. This Court vide order dated 28.08.2003 was pleased to direct the
State of U. P. to fill 52 posts of Principals strictly on the merit list
submitted to this Court and regarding 22 remaining 45 posts, it was ordered to
leave the same to the State Government to fill them on ad-hoc basis. The
Statement Government made appointments of 50 candidates strictly on the basis
of merit list. Two posts of reserved category could not be filled as no
eligible SC candidates were found. However, the State Government did not make appointments
against the 45 remaining posts as there is no provision for making appointment
on ad-hoc basis in U. P. Educational (General Educational Cadre) Service Rules,
1992. She submitted that after 27.08.2007, 41 vacancies arose against the posts
of Principals on account of promotion of 41 Principals to the post of District
Inspector of Schools and out of 41 posts, 35 posts are to be filled against the
reserved category candidates selected in the year 1996 and the remaining six to
clear the backlog posts, are lying vacant. She submitted that out of 47 newly
upgraded posts of Principals in the Colleges, 50% posts of Principals were to
be filled by promotion and the remaining 50% by direct recruitment on the basis
of the examination conducted by the UPPSC. She submitted that as on 28.10.2007
when this affidavit was filed, there were 29 vacancies of Principals, which are
to be filled by 23 direct recruitment and in addition thereto, 3 posts of
Senior Lecturers D.I.E.T. are also lying vacant. Further, it is submitted that
in the year 1997 the State Government sent requisition for selection of 443
posts of Principals/Senior Lecturers/D.I.E.Ts. and the UPPSC after selecting
the candidates, recommended their names for appointment against the required
443 posts.
She also submitted
that the National Council for Teachers Education has prescribed new educational
qualification for appointment to the post of Senior Lecturers for D.I.E.T. and
the minimum qualification is M.Ed. which earlier was B.Ed.
In reply to I.A. No.
12 of 2008, Prof. Ram Sevak Yadav, Chairman, UPPSC, Allahabad, submitted that
the applicant- Mani Ram Singh is placed at Serial No.75 of the Combined Merit
List of PCS Examination, 1996 (Main) eligible candidates. The Commission vide
its letter 132/9/E-2/97-98 dated 01.10.2003 had sent recommendation of 52
candidates. Further 2 posts of Scheduled Tribe candidates could not be filled
as suitable candidates were not available in any of the recruitment years 1996,
1997 and 1999. Later on, the State Government informed the Commission vide its
letter No.315/15-1-08-8(3)/03 dated 24 05.02.2008 that out of 52 candidates
only 46 candidates could get appointment against the posts in question. Four
candidates could not join their place of posting, so the State Government
decided to fill those four vacancies [2 General + 2 OBC] from the eligibility
list of 1996 Examination, which is under consideration of the Commission. He
stated that as far as 45 unfilled vacancies are concerned, State Government
decided vide its letter No.15/24/97-ka-4-06 dated 11.05.2006 not to fill those
vacancies. On similar line, counter affidavit has been filed by Shri Santosh
Kumar Srivastava, Secretary, UPPSC, Allahabad.
Along with their
affidavits, copy of confidential letter dated 01.10.2003 written by Shri Pawan
Kumar, Secretary, UPPSC, Lucknow, to the Secretary, Personnel Section-4,
Government of U.P., Lucknow, sending recommendations according to the result of
52 vacancies of the post of Principals/Senior Lecturers on the basis of merit
list of 120 new eligible candidates of Principal Examination, 1996, in
compliance with the orders of this Court dated 28.08.2003 giving details of the
division of the vacancies occurred year-wise upto 30.06.2003 and the number of
candidates selected in General and Reserved categories.
25 Mr. Colin
Gonsalves, learned Senior Advocate for the petitioners, contended that the
Chairman of UPPSC, the Secretary of UPPSC and the Department of Education of
the U.P. Government have willfully and deliberately disobeyed the orders dated
07.03.2006 and 09.03.2007 passed by this Court. He submitted that despite the
order in Mohd. Altaf's case laying down the eligibility criteria, the
respondents intentionally refused to apply the same criteria as decided by this
Court in the case of the petitioners herein. This Court vide order dated
07.03.2006 directed that the law laid down in Mohd. Altaf's case would apply in
the case of the petitioners as well, but the respondents firstly took the stand
that the petitioners have not qualified the written examination and later on,
they have admitted that the petitioners had qualified in the written
examination, but they had not appeared in the interview. He submitted that at
least the respondents have entirely taken a new stand that there existed no
vacancies against which the petitioners could be appointed. He has brought to
our notice the order dated 28.11.2001 passed by this Court in Civil Appeal
Nos.961-962 of 1999 titled Mohd. Altaf & Ors. v. Public Service Commission
26 & Anr. whereunder strictures were passed against UPPSC for acting
arbitrarily, for showing "rampant favourtism" for taking an
"absurd stand" and for "playing with the court by taking the
stand that there are no vacancies." The learned senior counsel has relied
upon the statement of the then Education Minister made in the U. P. Legislative
Council stating that there were 113 vacancies for the year 1996, 164 vacancies
for the year 1997 and 90 vacancies for the year 1999 as on 03.03.2005 as per
Annexure R-3 attached with the rejoinder to contend that the stand of the
respondents that there are no vacancies available against which the petitioners
can be appointed, is absolutely incorrect and in violation of the order of this
Court.
In compliance with
the order dated 14.11.2007, Mr. Harish N. Salve, learned senior counsel
appearing on behalf of the Chairman and the Secretary, UPPSC, has placed before
us Chart showing vacancy position as obtaining in the year 1996, 1997 and 1999.
The details of 1996, 1997 and 1999 selection for the post of Principals in
Government Inter Colleges (Boys and Girls) and for the post of Senior Lecturer
in District Education &
Training Institutes
before 28.08.2003 are given as under:- 27 "Break-up for the year 1996,
1997 and 1999 vacancies YEAR VACANCY POSTS SELECTED POSTS CARRY FORWARD POSTS
1996 216 105(104+1) 216-105=111 1997 443 (332 +111) 279(19+124+124+12)
443-279=164 1999 64(General Recruitment 54 64-54=10 1999 164(Special
Recruitment) 75 113-75=38 164-51* = 113 51* = Vide High Court order in Writ
Petition No. 26986/1998 - selection for 51 posts stayed.
Hence, selection for
113 was made.
AFTER 28.08.2003:
97 - Vacancies were
informed by the Government vide letter dated 19.09.2003 out of which 50 names
were recommended as per directions of Hon'ble Court in the order dated
28.08.2003 FRESH ELIGIBILITY LIST AFTER HON'BLE SURPEME COURT ORDER DATED
28.08.2003.
YEAR 1996 List of 120
candidates (pg. 193-197) all categories i) Break-up of 120 candidates S.No.
Requisition To Ge Sc Sc Oth Re received tal ner he he er ma from the No al dul
dul Bac rks Governmen . ed ed k- t of Ca Tri war ca ste be d nd s s clas id ses
at es 1 120 52 22 Nil 46 YEAR 1997 List of 154 candidates (pg. 206-212) all
categories i) Break-up of 154 candidates 28 S.No. Requisition To Ge Sc Sc Oth
Re received tal ner he he er ma from the No al dul dul Bac rks Governmen . ed
ed k- t of Ca Tri war ca ste be d nd s s clas id ses at es 1 154 121 07 Nil 26
2 Merit List 158 125 07 Nil 26 revised on 14.07.2006 YEAR 1999 List of 98
candidates all categories i) Break-up of 98 candidates S.No. Requisition To Ge
Sc Sc Oth Re received tal ner he he er ma from the No al dul dul Bac rks
Governmen . ed ed k- t of Ca Tri war ca ste be d nd s s clas id ses at es 1 98
53 14 Nil 31 Note: In compliance of Hon'ble Supreme Court order dated
28.08.2003 only 50 candidates recommended from the eligible candidates of the
year 1996 as per vacancy informed by State Government on 19.09.2002.
Break-up for year
1996 vacancies for the post of Principals in Government Inter Colleges (Boys
& Girls) 29 S.No Requisition To G S S Ot . received tal e c c he from the
No n h h r Remarks Government . of er e e Ba Po al d d ck sts ul ul - e e wa d
d rd C Tr cla a ib ss st es es es 1 216 10 46 04 58 8 2 Selected 104 10 03 Nil
Nil * 1 (one) General + 1* 1 General vacancy reserved as per orders of Hon'ble
High Court in U.P.P.S.C. & Ors.
3 Carry 111 06 43 04
58 forward vacancies Details of vacancies filled-up by 1997 Examination
Government sends requisition for 548 posts of Principals in Government Inter
Colleges (Boys & Girls) and for the post of Sr. Lecturer in District
Education & Training Institutes. Thereafter, Government vide letter no. 1978/15-1-97-8(2)/95
T.C., dated 05th September, 1997. Informed U.P.P.S.C. that 548 posts includes
216 posts for which requisition has already been sent to the U.P.P.S.C. in 1996
as a result of which only 332 vacancies are available for 1997 Examination and
111 carry forward vacancies of 1996 Examination are available. Details break-up
of these posts were sent by 30 Government Letter No. 2561/15-1-96-8(2)/95,
dated 19th August 1996.
Total no. of posts
332 are bifurcated as below:- Principals - 146 (19 for Plain Cadre + 127 for
Hill Cadre) Sr. Lecturers - 186 (162 for Plain Cadre + 24 for Hill Cadre) Carry
forward vacancies of 1996 Exam. For (Principals) Hill Cadre - 111 Posts Total
No. of Vacancies (146+186+111)=443 for which selection was made.
A. Details of 19 posts
for Principals (Plain Cadre) S.No Requisition To G Sc Sc Ot R . received from
tal e he he he emark the No n dul dul r s Government . of er ed ed Ba Po al Ca
Tri ck sts ste be - s s wa rd cla ss es 1 19 09 04 Nil 06 2 Selected 19 09 04
Nil 06 B. Details of 127 Posts for Principals (Hill Cadre) 31 S.No Requisition
Tot G S Sc Ot Re . received from the al e c he her ma Government No. n h dul Ba
rks of er e ed ck- Po al d Tri wa sts ul be rd e s cla d sse C s a st e s 1 127
63 27 02 35 2 Carry forward 111 06 43 04 58 vacancies of 1996 exam. 3 Total 238
69 70 06 93 4 Selected 124 69 26 01 28
5. Carry forwarded
114 Nil 44 05 65 vacancies C. Details of 162 Posts for Sr. Lecturers (Plain
Cadre) S.No Requisition To G Sc Sc Ot Rema . received from tal e he he her rks
the No n dul dul Ba Government . of er ed ed ck- Po al Ca Tri wa sts ste be rd
s s cla sse s 1 162 81 34 03 44 2 Selected 124 81 18 Nil 25 3 Carry forward 38
Nil 16 03 19 vacancies 32 D. Details of 24 Posts for Sr. Lecturers (Hill
Cadre) S.No Requisition To G Sc Sc Ot R . received from tal e he he he emark
the No n dul dul r s Government . of er ed ed Ba Po al Ca Tri ck sts ste be - s
s wa rd cla ss es 1 24 12 05 Nil 07 2 Selected 12 12 Nil Nil Nil 3 Carry
forward 12 Nil 05 Nil 07 vacancies Details of Vacancies filled-up by 1999
Examination (Special Recruitment) A. Details of 164 Posts for Principals (Plain
Cadre) S Requ T G Sc S O . isitio ot e he c t N n al n du h h Remarks o recei N
e le e er . ved o. r d d B from of a Ca ul a the P l ste e c Govt. o s d k st T
- s ri w b a e r s d cl a s s e s 33 1 16 0 65 08 91 Vide High Court order in
4 Writ Petition No. 26986/1998 - selection for 51 posts stayed. Hence,
selection for 113 was made.
B. Selection for 113
posts:- Principals - 63 (Hill Cadre) Sr. Lecturers - 50 (38 for Plain Cadre +
12 for Hill Cadre) i) Break up for post of Principals - 63 Hill Cadre S.No.
Requisition To Ge Sc Sc Oth Re received tal ner he he er ma from the No al dul
dul Bac rks Governmen . ed ed k- t of Ca Tri war ca ste be d nd s s clas id ses
at es 1 63 0 24 03 36 2 Selected 44 0 20 01 23 3 Carry 19 0 04 02 13 Forward i)
Break up for post of Sr. Lecturers - 38 PlainCadre S.No. Requisition To Ge Sc
Sc Oth Re received tal ner he he er ma from the No al dul dul Bac rks Governmen
. ed ed k- t of Ca Tri war ca ste be d nd s s clas id ses at es 1 38 0 16 03 19
2 Selected 31 0 12 Nil 19 34 3 Carry 07 0 04 03 Nil Forward i) Break up for
post of Principals - 12 Hill Cadre S.No. Requisition Tot G S Sc Ot R received
from the al e c he her e Government No. n h dul Ba m of e e ed ck- ar ca r d
Tri wa k ndi a ul be rd s dat l e s cla es d sse C s a st e s 1 12 0 05 Nil 07
2 Selected Nil 0 Nil Nil Nil 3 Carry Forward 12 0 05 Nil 07 Details of
vacancies filled-up by 1999 Examination (General Recruitment) Special Selection
for 64 posts which are bifurcated as below:- A. Details of 64 posts for
Principals (15 for Plain Cadre + 49 for Hill Cadre) i) Break up for post of
Principals - 15 for Plain Cadre 35 S.No Requisition To G Sc Sc Ot R . received
from tal e he he he emark the No n dul dul r s Government . of er ed ed Ba Po
al Ca Tri ck sts ste be - s s wa rd cla ss es 1 15 08 03 Nil 04 2 Selected 15
08 03 Nil 04 ii) Break up for post of Principals - 49 for Hill Cadre S.No
Requisition To G Sc Sc Ot Rem . received from tal e he he her arks the No n dul
dul Ba Government . of er ed ed ck- Po al Ca Tri wa sts ste be rd s s cla sse s
1 49 25 11 01 12 2 Selected 39 24 05 Nil 10
5. Carry 10 01 06 01
02 forwarded vacancies Hon'ble High Court vacated the stay order passed in Writ
Petition No. 26986/1998 on 16.03.2001 as a result of 51 posts which were of
Hill Cadre after creation of Uttaranchal State U.P.P.S.C. unable to fill up the
aforesaid vacancies.
U.P. Government vide
its letter No. 2513/15-1-2003-27(40)/02 dated 19th September, 2003 informed
that there are 97 vacancies available till 30th June, 2003. Details of
abovementioned posts as follows:- 36 Principals Government Inter College (Boys
& Girls) ] Total Post - 50 ] Total 97 Sr. Lecturer in Education & Training
Institutes: ] vacancies Total Post - 47 ] Principals Government Inter College
(Boys & Girls):
Total Post - 50 i)
Break-up of 50 post for Principals Government Inter College (Boys & Girls)
S.No Requisition To G Sc Sc Ot Remarks . received from tal e he he her the No n
dul dul Ba Government . of er ed ed ck- Po al Ca Tri wa sts ste be rd s s cla
sse s 1 50 26 13 02 09 2 Selected 48 26 13 Nil 09 3 Carry forward 02 Nil Nil
02* Nil * No ST vacancies candidate was available Sr. Lecturer in Education &
Training Institutes Total Post - 47 i) Break-up of 47 posts for Sr. Lecturer in
Education & Training Institutes 37 S.No Requisition To G Sc Sc Ot Remar .
received from tal e he he he ks the No n du du r Government . e led led B of r
Ca Tri ac Po al ste be k- st s s w s ar d cl as se s 1 47 35 08 03 01 2
Selected 02 02 Nil Nil Nil 3 Carry forward 45 33 08 03* 01 * No ST vacancies
candidate was available Learned senior counsel for the petitioners contended
that as per the vacancies indicated in the above-stated Chart, General Category
appointments for 1996 batch were over-stated and Reserved Category appointments
were under-stated, thus, the seats available to the General Category were not
completely reflected in the said Chart. According to the petitioners, transfer
of Reserved Category candidates getting age relaxation, lower cut-off marks in
Preliminary Examination and also in Main Examination coupled with fees
relaxation cannot validly be 38 transferred to General Category. The
petitioners also contended that neither UPPSC nor the Deputy Director of
Education in their affidavits have whispered a word about any mistake having
occurred while giving 548 vacancies in advertisement issued on 01.01.1997 and
the stand now taken in the chart that 548 vacancies for 1997 batch was wrongly
published in the advertisement can now be accepted.
Having gone through
the details of vacancies for the years 1996, 1997 and 1999 for the post of
Principals and Senior Lecturers in District Education & Training
Institutes, as shown in the above-extracted Chart, we find that the UPPSC has
satisfactorily explained that the advertisement of 548 posts was made as per
the requisition of the State Government which numbers were later on found to be
wrong, because 216 vacancies which were advertised in 1996 batch, were wrongly
included in 548 vacancies. The vacant posts for 1997 batch were only 332 and
not 548 and 111 vacancies carried forward from 1996 batch, the total vacancies
in 1997 were 443. The petitioners also contended that 14 new District
Institutes of Education & Training have come into existence, thus,
creating 39 84 more vacancies for the post of Senior Lecturers and the
petitioners' version is that there are, in all, 180 total vacancies for General
Category (46 unfilled for 1996 batch, 41 from 1997 batch less (requisitioned)
and 93 from 1997 batch (persons not joined). The petitioners have also
submitted a chart in which they have given position of additional seats
becoming available due to various miscellaneous reasons as on date in addition
to the seats which still remained to be filled from the list of
successful/recommended candidates of 1997 batch. As per the Chart produced
before us, the petitioners have stated that there are as many as 338 total
vacancies for general category available with the State of U.P. against which
the four petitioners who filed Civil Appeal No.1124 of 2000 can be conveniently
adjusted/appointed and the stand of the respondents not appointing the
petitioners against the available posts is wholly unwarranted and unjustified.
We regret our inability to accede to the contentions raised by the learned
counsel for the petitioners.
A cursory glance of
the Contempt of Courts Act, 1971 and the provisions thereof makes it abundantly
clear that the Act has 40 been brought in the Statute book to define the limit
and powers of certain Courts punishing for contempt of courts and it has laid
down the procedure for exercise of such powers. Contempt of Court has been
defined under Section 2(a) of the Act, to mean civil contempt or criminal
contempt. `Civil Contempt' has been defined under Section 2(b) of the Act to
mean `willful disobedience of any judgment, decree, direction, order, writ or
other process of court of willful breach of undertaking given to a court.' It
is by now well-settled under the Act and under Article 129 of the Constitution
of India that if it is alleged before this Court that a person has willfully
violated its order it can invoke its jurisdiction under the Act to enquire
whether the allegation is true or not and if found to be true it can punish the
offenders for having committed `civil contempt' and if need be, can pass
consequential orders for enforcement of execution of the order, as the case may
be, for violation of which, the proceeding for contempt was initiated. In other
words, while exercising its power under the Act, it is not open to the court to
pass an order, which will materially add to or alter the order for alleged
disobedience of which contempt jurisdiction was invoked. When 41 the Court
directs the authority to consider a matter in accordance with law, it means
that the matter should be considered to the best of understanding by the
authority and, therefore, a mere error of judgment with regard to the legal
position cannot constitute contempt of court. There is no willful disobedience
if best efforts are made to comply with the order.
Having considered the
entire factual backdrop of the matter and given our due consideration to the
above extracted various orders passed by this Court in this case and having
considered the detailed explanations given by the Chairman, UPPSC, Secretary,
UPPSC, and Deputy Director [Education] in their respective affidavits as
noticed above which in our view are quite satisfactory and further examination
of the details of year-wise vacancies position for the posts in question stated
in the above- extracted Chart submitted by the UPPSC, it cannot be said that a
deliberate circumvention and dubious method was adopted by the contesting
respondents to avoid implementation of the judgments/orders of this Court nor
the facts and circumstances mentioned above would establish that the contesting
respondents have willfully or deliberately disobeyed the 42 judgments/orders
of this Court dated 07.03.2006 and 09.03.2007 as alleged by the petitioners. In
terms of the order dated 07.03.2006, the respondents have passed an appropriate
order which was communicated to the petitioners. The UPPSC have placed on
record all the relevant documents relating to these proceedings as directed by
this Court in its order dated 09.03.2007.
In the result, there
is no merit in these contempt petitions and they are, accordingly, dismissed.
We, however, make it clear that the contesting respondents are not precluded
from considering the legitimate claims of the petitioners as well as the
applicants who have filed Interlocutory Applications before this Court if they
are otherwise eligible in accordance with law. As no substantive relief, as
prayed for by the applicants in their applications, can be granted to them in
these contempt proceedings these applications shall stand disposed of.
........................................J.
(S.
B. Sinha) 43 ........................................J.
(Lokeshwar
Singh Panta) New Delhi, July 24, 2008.
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