Debashish Pal Chowdhury v. Sanjeev Ranjan and Others

(Adarsh Kumar Goel and Uday Umesh Lalit, JJ.)

Debashish Pal Chowdhury ___________________________ Petitioner;

v.

Sanjeev Ranjan and Others _______________________ Respondent(s).

Conmt. Pet.(C) No. 1706/2017 in SLP(C) No. 18993-19049/2014, decided on October 4, 2017

(For Admission and IA No. 85160/2017-Clarification/Direction)

Conmt. Pet.(C) No. 1706/2017; SLP(C) No. 18993-19049/2014; and IA No. 85160/2017

The Order of the court was delivered by

Order

1. We have heard learned counsel for the parties.

2. This contempt petition has been filed seeking initiation of contempt proceedings against the senior officers of the State of Tripura for willful disobedience of the order dated 29^th February, 2017. The case of the petitioner is that the State of Tripura recruited 10323 teachers illegally. The Tripura High Court vide judgment dated 7-5-2014¹ quashed the said appointments inter alia holding:—

“It is more than apparent to us that the appointments have been made on totally extraneous basis without considering the future of the poor students or the aspiration of the unemployed youth. The whole selective process was a cruel joke on the youth of Tripura.” …

……

“… … …The selection have been totally unfair. The selection has not been made in a transparent manner. The citizens of this country have not been treated equally. Most of the clauses of the policy are illegal and unconstitutional. The entire policy is bad because it gives no guidelines and, therefore, the entire selection will have to be, must be and is accordingly set aside.”

3. The above view was affirmed by this Court vide order dated 29-3-2017².

4. To circumvent the order of this Court, vide notification dated 19^th May, 2017, the State of Tripura issued a notification and created 12,000 posts of Student Counsellor, School Library Assistant, Academic Counsellor, Hostel Warden and School Assistant with a view to accommodate the same persons whose appointments were quashed being tainted by extraneous reasons apart from lack of qualifications. The age requirement and qualifications have been now tailored with a view to appoint the very same persons whose appointments were quashed to newly created posts and thereby defeat the order of the Court quashing their appointment.

5. Notice was issued³ and reply has been filed stating that the decision of the State of Tripura was bona fide and not with a view to flout the order of this Court.

6. We find prima facie merit in the allegations in the contempt petition and prayer for initiating proceedings against the respondents. Learned counsel for the respondents seeks further time to make submissions.

7. Adjourned to 24^th October, 2017. Personal appearance of the alleged contemnors is dispensed with till further orders. Liberty to file any further affidavit.

8. Pending further consideration, the State of Tripura is restrained from filling up the posts of newly recruited 12,000 posts of Student Counsellor, School Library Assistant, Academic Counsellor, Hostel Warden and School Assistant.

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¹ Tanmoy Nath v. State of Tripura, 2014 SCC OnLine Tri 291 : (2014) 2 TLR 731

² State of Tripura v. Tanmoy Nath, SLP (C) No(s). 18993-19049 of 2014, order dated 29-3-2017 (SC)

³ Debashish Pal Chowdhury v. Sanjeev Ranjan, Contempt Petition (C) No. 1706 of 2017 in SLP(C) Nos. 18993-19049 of 2014, order dated 11-9-2017 (SC)