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2023 Supreme(AP) 11

IN THE HIGH COURT OF ANDHRA PRADESH
Battu Devanand, J.
Bhavani Rajasekhar – Petitioner
Versus
Sri Muddada Ravichandra – Respondent
Contempt Case No.556 of 2020
Decided On : 02-02-2023

Advocates:
Advocate Appeared:
For the Petitioner: C. Prakash Reddy
For the Respondent: K. Bheema Rao

Headnote:

Contempt of Courts Act, 1971 – Sections 10, 12 – Petitioner herein filed W.P. before this Court to declare action of respondents in not considering candidature of petitioner for post of Post of Principal Grade-II on the ground that he has not fulfilled criteria prescribed under Notification as arbitrary, illegal and discriminatory and consequently direct respondents to consider his case for post of Principal Grade-II in 2nd respondent Society – Held, Considering fact that service of petitioner is being used as Junior Lecturer per certificate issued by Principal, APSWRS Jr. College for Boys, District, this Court categorically held that it is clear from Notification that only experience as “Junior Lecturer” is required, but not working in said post by virtue of a promotion and this Court in categorical terms held that contention of learned Standing Counsel that petitioner is not promoted to post of Junior Lecturer, to consider his experience, cannot be taken into consideration – As and when this Court in categorical terms held that petitioner is having experience as per Notification No.1/2019 and directed to consider his candidature for promotion to post of Principal Grade-II, though vacancies are available, rejecting candidature of petitioner is nothing but willful violation of order of this Court – For above mentioned reasons, in considered opinion of this Court, the 2nd respondent willfully disobeyed order of this Court and thereby, he is found guilty of contempt – Case allowed.

ORDER :

1. This Contempt Case has been filed complaining willful disobedience in implementing the Order dated 29.01.2020 passed by this Court in W.P.No.1460 of 2020.

2. Heard learned counsel for the petitioner, and the learned counsel appearing for the respondents and perused the material available on record.

3. The petitioner herein filed W.P.No.1460 of 2020 before this Court to declare the action of the respondents in not considering the candidature of the petitioner for the post of Post of Principal Grade-II on the ground that he has not fulfilled criteria prescribed under the Notification No.1 of 2019 as arbitrary, illegal and discriminatory and consequently direct the respondents to consider his case for the post of the Principal Grade-II in the 2nd respondent Society.

4. This Court, while disposing of the said Writ Petition, passed the following Order on 29-01-2020 :

    “Hence, In view of the above circumstances, the second respondent is directed to consider the candidature of the petitioner for the post of Principal Grade-II if there is any vacancy and if not in future vacancies.

5. Learned counsel for the petitioner submits that after receipt of the copy of the Order in W.P.No.1460 of 2020, he made a representation to the respondent No.2 to consider the candidature of the petitioner for promotion for the post of Principal Grade-II. Thereafter, the 2nd respondent passed Order vide Proceedings Lr.Rc.No.HR/1010/2019, dated 14.03.2020, rejecting his application on the ground that as per the documents submitted by him, he has been working as TGT Physical Science on regular basis and working against J.L. Physics in APSWREIS, which is not equivalent to regular J.L.Post and that he was originally appointed as TGT but not as Junior Lecturer in Physics and therefore, he is not qualified for applying to the post of Principal Grade-II as per the Notification. In the said communication the 2nd respondent stated that some posts are left unfilled as eligible candidates are not available and that those vacancies cannot be filled up by ineligible candidates. Learned counsel contends that this Court in categorical terms observed that it is clear from the notification that only experience „as Junior Lecturer? is required but not working in the said post by virtue of a promotion and accordingly negative the contention of the respondents and directed the respondent No.2 to consider the candidature of the petitioner for the post of Principal Grade-II. Therefore, rejection of his representation submitted in the light of the Orders of this Court is clearly amounts to Contempt of Court. It seems, the respondents have no intention to implement the orders of this Court and they are deliberately flouting the orders of this Court on one pretext or the other. The failure on the part of the respondents in implementing the orders of this Court would amount to disobedience of the orders of this Hon?ble Court and, therefore, they are liable for punishment under Sections of 10 to 12 of the Contempt of Courts Act. Complaining the same, the petitioner has filed the present Contempt Case.

6. Respondent No.1 filed Counter Affidavit contending that the role of the Principal Secretary in the present recruitment is very less and in fact the Society will complete the total selection process and finalize the merit list and issue the appointment orders to the successful candidates and the same file routinely circulated to this Respondent.

7. Respondent No.2 filed Counter Affidavit contending that the petitioner is not eligible even for application for the post of Principal Grade-II unless the petitioner was promoted as Post Graduate Teacher. As of now, the petitioner has been working as Trained Graduate Teacher and therefore, the petitioner is not eligible for making an application to the post of the Principal Grade-II. As per the Notification No.1 of 2019, a Trained Graduate Teacher cannot be promoted to the Junior Lecturer unless one should promoted as Post Graduate Te

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