(Kurian Joseph and A.M. Khanwilkar, JJ.)
Arvind Kumar and Others _________________________ Petitioner(s);
v.
Amir Subhani and Others ______ Respondent(s)/Alleged Contemnor(s).
Contempt Petition (C) No. 1711/2018 In Contempt Petition (C) No. 22/2018 in C.A. No. 2805/2017, decided on October 24, 2018
With
Contempt Petition (C) No. 1871-1875/2018 In Contempt Petition (C) No. 14-18/2018 In C.A. No. 2806-2810/2017 Contempt Petition (C) No. 1711/2018; Contempt Petition (C) No. 22/2018; C.A. No. 2805/2017; Contempt Petition (C) No. 1871-1875/2018; Contempt Petition (C) No. 14-18/2018; and C.A. No. 2806-2810/2017
The Order of the court was delivered by
Order
1. Applications for impleadment are rejected.
2. Despite the formidable arguments advanced by Mr. M. Shoeb Alam, learned counsel appearing for the respondent(s), in his own inimitable style, we are afraid, we are unable to be persuaded. Mr. Shivam Singh, learned counsel, who previously appeared had strongly canvassed for such a position with same vigor.
3. In the order dated 8-5-20181, this Court had made it crystal clear that the 133 candidates will be given a treatment similar to the 186 candidates, already appointed. It was held in that order that 133 candidates “… need only to be subjected to the same test undergone by 186 candidates”.
4. Therefore, we do not find any justification to reopen the order and permit the State and the Selection Commission to subject those 133 candidates to another written test and physical efficiency test, which, of course, is the normal procedure. This Court having carved out and classified 133 candidates into a specific category and placed them along with 186 candidates, there cannot be any other procedure than the medical examination. Therefore, to remove any doubt on this aspect, we make it clear that the only remaining process to be undergone by the 133 candidates is the process to which the 186 candidates were subjected to. The State and the Selection Commission are directed to complete the process positively on or before 01.11.2018 and issue the appointment orders subject, of course, to candidates passing the medical fitness test. We make it clear that this order and all the earlier orders regarding the selection and appointment of the 133 candidates are passed in the peculiar background of the litigation starting from the advertisement in the year 2004 and several rounds of litigations during the past fourteen years, in exercise of our jurisdiction under Article 142 of the Constitution of India and the same shall not be treated as a precedent.
5. In Contempt Petition (C) Nos. 22/2018 and 14-18/2018, we had permitted the applicants in IA No. 29471/2018 and I.A. No. 29683/2018 to make appropriate representations before the Competent Authority. We are informed that they have already made the representations. In case no orders have been passed on those representations, appropriate orders, in accordance with law, shall be passed within four weeks from today.
6. In order to remove any apprehension regarding this order being misused by others, we make it clear that only those representations, as permitted by the order of this Court dated 8-5-20181 or any other orders passed by this Court or the High Court hitherto need be considered.
7. The contempt petitions are, accordingly, disposed of.
8. Pending application(s), if any, shall stand disposed of.
9. Post on 01.11.2018 for reporting compliance.
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1 Rajeev Kumar v. Amir Subhani, Contempt Petition (C) Nos. 14-18 of 2018 in Civil Appeal No. 2806-2810 of 2017, order dated 8-5-2018 (SC)
