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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
BATTU DEVANAND, J.
NMS Goud - Petitioner
Versus
Punam Malakondaiah & Others - Respondents
Contempt Case No. 1248 of 2020
Decided On : 06-05-2022
Constitution of India,1950 - Articles 14, 16 and 21 - Contempt of Court Act, 1971 - Selection and appointment - Post of Village Agriculture Assistant - Seeking to punish the respondents for violation of orders - Petitioner As Village Agriculture Assistant pursuance of illegal, arbitrary and violative of Articles 14, 16 and 21 of Constitution of India and further to declare that petitioner is entitled for selection and appointment and consequently direct respondent Nos.2 and 4 to select and appoint petitioner to post of Village Agriculture Assistant (Grade-II) as per his merit - Petitioner that after receipt of orders of Court - Petitioner made representation to respondents requesting to implement orders of Court by passing appropriate orders - Wantonly violated the orders of Court, and as such, they are liable for punishment under provisions of Act, 1971. (Para 22 & 23)
Finding of the Court:
Having chosen not to seek extension, respondents cannot be heard to contend that despite a direction to comply with Order within two weeks from date of receipt of a copy of order, they are justified in complying with order at their convenience, without adhering to time limit imposed by this Court - Learned counsel for respondents would submit delay was unintentional - Court should refrain from imposing any punishment on a senior Officers of Government - Incumbent upon respondents, more particularly, those who are holding senior position in Government, to ensure that Orders of this Court are complied with promptitude, and within time stipulated for its compliance - Any difficulty which may have in complying with order of this Court would require them to invoke Court jurisdiction seeking extension of time to comply with orders - Admittedly, in present case - Court to extent they failed to comply with order of this Court within time specified, they are liable for punishment under Contempt of Court Act.
Result: Contempt case is allowed
ORDER :
This Contempt Case has been filed seeking to punish the respondents for violation of the orders, dated 22.10.2019 passed in W.P.No.15797 of 2019.
2. The petitioner filed W.P.No.15797 of 2019 praying to declare the action of the respondent Nos.2 and 3 in not selecting the petitioner as Village Agriculture Assistant (Grade-II) in pursuance of Notification 1/2019 dated 26.07.2019 as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and further to declare that the petitioner is entitled for selection and appointment and consequently direct the respondent Nos.2 and 4 to select and appoint the petitioner to the post of Village Agriculture Assistant (Grade-II) as per his merit.
3. This Court, by order, dated 22.10.2019, directed the respondents to consider the candidature of the petitioner to the post of Village Agriculture Assistant and pass appropriate orders, within a period of two (2) weeks from the date of receipt of a copy of this order.
4. Complaining the action of the respondents in not implementing the orders of this Court, the petitioner filed this Contempt Case.
5. The respondent Nos.1 to 3 filed their counter-affidavits.
6. Heard the respective counsel appearing on behalf of the petitioner and respondents. Perused the entire material available on record.
7. It is submitted by the learned counsel for the petitioner that after receipt of the orders of the Court, the petitioner made representation to the respondents in January, 2020 requesting to implement the orders of the Court by passing appropriate orders. But, the respondents did not choose to implement the orders of this Court and having fully, deliberately, wantonly violated the orders of the Court, and as such, they are liable for punishment under the provisions of Contempt of Court Act, 1971.
8. In the counter-affidavit, the 1st respondent submitted that based on the orders passed by this Court, the Special Commissioner of Agriculture has been requested to take immediate further necessary action in the matter, as per rules in vogue vide Government Memo No.AGC01-AGRI/335/2019-AGRI-IV, dated 27.11.2019.
9. The 1st respondent further submitted that upon verification of the certificates, the verification Board has rejected the candidature of the petitioner as “INELIGIBLE” on the ground of the candidate has obtained B.Sc (Ag.) from Sri Bhimarao Ambedkar University, AGRA which is not accredited by “Indian Council of Agricultural Research” (ICAR), which is mandatory as per the Educational Qualifications prescribed in Para No.3 of the Notification No.-01/2019, dated 26.07.2019.
10. The 1st respondent finally submitted that as per corrigendum to Notification dated 26.07.2019 issued by the O/o. the Commissioner of Agriculture, AP, Guntur, serving MPEOs with B.Sc (Ag.) Degree from Non-ICAR Recognized/ Accredited Universities is also eligible to apply as a one-time exemption for having worked as MPEO in the Department of Agriculture, Andhra Pradesh. But, there is no provision to serving BTMs. In the present case, the petitioner has been working as Block Technology Manager (BTM), which is not mentioned in corrigendum issued, as the petitioner is not in the category of serving MPEOs, who are exempted for one time and the candidature of the petitioner was rejected as “INELIGIBLE” for selection on the grounds that B.Sc(Ag.) from Non-ICAR Recognized/Accredited University, but not “Serving MPEO” in the Department of Agriculture. The duties and responsibilities of MPEOs and BTMs are different. Therefore, she prayed to close the present contempt case, as it has no merits.
11. In the counter-affidavit, the 2nd respondent submitted that his office has received copy of the order of this Court on 21.11.2019. Later the petitioner also handed over the orders of this Court in person for implementation of Court orders on 04.02.2020. The Government has communicated affidavit in this contempt case on 10.12.2020. Subsequently, the JDA, Kurnool was instructed thr
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