Petitioner alleged willful disobedience of a High Court order regarding unfilled pharmacist posts. Respondent State proved occupation of posts via re-evaluation and additional appointments. Court found no case for contempt and dismissed the petition as there were no unfilled posts.
The writ contempt petition is dismissed and the notices stand discharged.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Writ Contempt No. 391/2020
Arun Choudhary S/o Shri Dheera Ram Choudhary, Aged About 32 Years, R/o 103, Karni Nagar, Opposite Sirvi Hostle, Pali Road, Jodhpur, Rajasthan.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. M.L. Deora For Respondent(s) : Mr. K.S. Rajpurohit, AAG assisted by Mr. Rajat Arora, AAAG
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE SUDESH BANSAL
Order
22/10/2021
This writ contempt petition has been filed by the petitioner alleging that the respondents have willfully not complied with the directions given by the Division Bench of this Court vide order dated 13.11.2017 passed in D.B. Special Appeal (Writ) No.960/2017 (Samitinjai Gautam & Ors. Vs. State of Rajasthan & Ors.) .
On 13.11.2017, a Coordinate Division Bench of this Court disposed of D.B. Special Appeal (Writ) Nos.638/2017, 674/2017 and 960/2017 in terms of the judgment dated 03.11.2017 passed
(2 of 4)
[WCP-391/2020]
by a Coordinate Division Bench of this Court at Jaipur Bench in a batch of appeals lead by Rajesh Choudhary & Ors. Vs. State of Rajasthan & Anr. [D.B. Special Appeal (Writ) No.1178/2017] .
In the case of Rajesh Choudhary (supra), the Coordinate Division Bench of this Court at Jaipur Bench issued the following directions :-
“ 12. Declaring as above, we dispose of the appeals directing the respondents to work out how many posts out of 1478 notified for the year 2011 remain unfilled as of today and by unfilled we mean those posts for which candidates who were offered appointment did not join or after joining resigned or left service. All of them would be treated as vacant posts. The exercise shall be completed within six weeks from today. Thereafter, the mandamus issued by the learned Single Judge in Umesh Singhal’s case shall be complied with.”
Learned counsel for the petitioner has contended that the directions issued by the Division Bench of this Court at Jaipur in the case of Rajesh Choudhary (supra) have not been complied with by the respondents and as such it is a clear case of willful disobedience of the directions issued by the Division Bench.
Reply to the writ contempt petition has been filed on behalf of the respondent-State, wherein it is contended that on 26.11.2011, the advertisement for filling the vacancies of 1478 posts of Pharmacists was issued and pursuant to that advertisement, 1284 candidates were provided appointment. It is submitted that later on, as per the orders passed by the learned Single Judge on 05.03.2014 in Umesh Singhal Vs. State & Ors.
(SBCWP No.311/2014) and on 09.05.2014 in Narendra
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[WCP-391/2020]
Kumar Nyola Vs. State & Ors. (SBCWP No.5127/2014) ,
revised result was issued and as per which 132 new candidates were successful in making their place in the merit list. It is further contended that as per the revised result, 132 new candidates, who were already provided appointment out of 1284 candidates, did not find place in the merit list but with the intervention of the High Court their appointments were protected and their services were not terminated. It is further contended that pursuant to the order dated 03.11.2015 passed by the learned Single Judge of this Court at Jaipur Bench in Satyendra Kumar Vs. State of Rajasthan & Ors. (SBCWP No.6656/2015) along with Amit Kumar Sharma & Ors. Vs. The State of Rajasthan & Ors. (SBCWP No.9870/2015) , 16 women candidates were also given appointment in excess to their existing quota.
Thus, the respondent-State has came with the contention that against 1478 posts of Pharmacist advertised vide advertisement dated 26.11.2011, 1564 (1284+132+132+16) candidates were offered appointment, however, out of that 1564 candidates, 55 candidates have either not joined or resigned and as such at present 1509 (1564-55) candidates are working on the post of Pharmacist against the posts of 1478 advertised vide advertisement dated 26.11.2011.
Mr. K.S. Rajpurohit, learned AAG appearing for the respondents has, therefore, submitted that in the above circumstances, not even a single post out of 1478 posts advertised in the year 2011 remained unfilled on the date when the impugned order dated 13.11.2017 was passed and as such there is no willful disobedience on the part of the respondents.
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Having heard learned counsel for the parties and after taking into consideration the reply to the writ contempt petition filed on behalf of the respondent-State as well as the fact that the factual position narrated by the respondents in their reply has not been contradicted by the petitioner, we don’t find case for willful disobedience of the order dated 13.11.2017 passed by a Coordinate Division Bench of this Court in D.B. Special Appeal (Writ) No.960/2017 (Samitinjai Gautam & Ors. Vs. State of Rajasthan & Ors.) .
Hence, this contempt petition is dismissed. Notices of contempt petition stand discharged.
(SUDESH BANSAL),J (VIJAY BISHNOI),J
Abhishek Kumar S.No.15
3 issues framed by the court
Whether the failure to fill notified posts constitutes willful disobedience given subsequent appointments made via revised merit lists and court orders.
Whether the number of occupied posts exceeds the number of originally advertised.
Whether there is a case to hold the respondents in contempt of the High Court's earlier direction to determine unfilled posts.
Colour shows how this judgement treated each authority
Samitinjai Gautam & Ors. Vs. State of Rajasthan & Ors.Referred¶14
D.B. Special Appeal (Writ) No.960/2017 (Samitinjai Gautam & Ors. Vs. State of Rajasthan & Ors.)
Rajesh Choudhary & Ors. Vs. State of Rajasthan & Anr.Explained¶20
D.B. Special Appeal (Writ) No.1178/2017 (Rajesh Choudhary & Ors. Vs. State of Rajasthan & Anr.)
Umesh Singhal's caseReferred¶20
Umesh Singhal's case
Umesh Singhal Vs. State & Ors.Referred¶22
Umesh Singhal Vs. State & Ors. (SBCWP No.311/2014)
Narendra Kumar Nyola Vs. State & Ors.Referred¶26
Narendra Kumar Nyola Vs. State & Ors. (SBCWP No.5127/2014)
Satyendra Kumar Vs. State of Rajasthan & Ors.Referred¶27
Satyendra Kumar Vs. State of Rajasthan & Ors. (SBCWP No.6656/2015)
Amit Kumar Sharma & Ors. Vs. The State of Rajasthan & Ors.Referred¶27
Amit Kumar Sharma & Ors. Vs. The State of Rajasthan & Ors. (SBCWP No.9870/2015)
Arun Choudhary
Dr. K.K Sharma
Mr. Mukal Sharma
State Of Rajasthan
Vijay Bishnoi
Sudes Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
