Dismissed

Somdutt Sharma and Ors. v. Govind Sharma and Others

Rajasthan HC24 Sept 2014CCP/1276/2013

Case brief

AI extract

What is this about?

In this civil contempt petition challenging the Rajasthan Public Service Commission's redrawing of a select list for accountants, the court found no contempt was made out. The court dismissed the specific prayer regarding the inclusion of candidates who refused prior appointments, holding the matter was beyond the scope of contempt proceedings.

What did the court decide?

Contempt petition disposed of; notices discharged. Petitioners directed to seek legal remedy if aggrieved.

Somdutt Sharma and Ors. Vs Govind… — Constitutional and Fundamental Rights | Rajasthan HC (2014)

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S.B. CIVIL CONTEMPT PETITION NO.1276/2013

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(1)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR

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O R D E R IN

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S.B. CIVIL CONTEMPT PETITION NO.1276/2013 IN S.B. CIVIL WRIT PETITION NO.8947/2013 (Somdutt Sharma & Ors. Vs. Shri Govind Sharma & Anr.)

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Date of Order : 24.09.2014

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HON'BLE MR. JUSTICE ALOK SHARMA

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Mr. Abhishek Sharma, for the petitioners. Mr. S.K. Gupta, AAG, for the State. Mr. S.N. Kumawat, for the RPSC. BY THE COURT

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In the course of hearing of this contempt petition, it transpires that in terms of certain directions in D.B. Civil Special Appeal No.1133/2013, decided on 13.08.2014, a revised select list for appointment of accountants is being redrawn by RPSC. Along with the said select list, a waiting list as warranted under the governing recruitment rules will also be drawn. The appointment will then be made by the State Government in terms of the order of merit of the selected candidates and the waiting list will have a fresh life of six months effective the date of forwarding of the select list by RPSC to the State Government.

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Mr. Abhishek Sharma, appearing for the petitioners submits that the select list being redrawn by RPSC under the orders of this Court should not include the names of those candidates earlier selected and offered appointment but who had refused to join. He submits that RPSC has adopted such a procedure while redrawing the select list for appointment to the post of Nurse Grade-II and LDC.

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Mr. S.N. Kumawat, appearing for RPSC submits that the governing recruitment rules for appointment to the post of Nurse Grade-II and LDC are wholly distinct from the rules

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S.B. CIVIL CONTEMPT PETITION NO.1276/2013

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(2)

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governing the recruitment of accountants.

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Having heard the counsel for the parties, in my considered opinion, in the facts obtaining no contempt of the order of this Court passed on 30.05.2013 as alleged is made out. This contempt petition is accordingly disposed of primarily on the submission of Mr. S.K. Gupta, AAG for the State and Mr. S.N. Kumawat, counsel for RPSC that the waiting list consequent to the redrawing of the select list for appointment to the post of accountants will be operative for a period of six months effecting the forwarding of the select list by RPSC to the State Government.

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As far as the prayer of the counsel for the petitioners with regard to the alleged illegality of the potential inclusion of candidates who has earlier refused appointment, in the redrawn select list is concerned, I am the view that the prayer is based on conjecture and even otherwise beyond the ken of the jurisdiction of this Court in the contempt petition. If the petitioners are aggrieved of the redrawn select list for appointment to the post of accountants on this score, they shall no doubt be free to take their remedy in law.

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The contempt petition accordingly stands disposed of. Notices discharged.

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(ALOK SHARMA), J

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MS/-

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All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.- Manoj Solanki, P.A.

Somdutt Sharma and Ors. v. Govind Sharma and Others

Case brief

What is this about?

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Somdutt Sharma and Ors. v. Govind Sharma and Others

Case brief

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