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2020 DIGILAW 1207 (PNJ)

Anil Gautam v. H. K. Aggarwal

2020-05-27

MANOJ BAJAJ

body2020
JUDGMENT Manoj Bajaj, J. (Oral). - This contempt petition has been filed by one of the writ petitioners on the ground of alleged violation of the order passed by this Court on 28.1.2020 (Annexure P-l) in CWPNo.l 1653-2015. The said order reads as under:- "[1] This order shall decide CWP Nos. 11653 of 2015 and 15339 of 2012 as point in issue in both the cases is identical. [2] Learned counsel for the respondent/University on instructions from the Registrar of the University states that in case the petitioners who have qualified the screening test submit documents in support of their candidature as per selection criteria stipulated by the respondent/University which could not be submitted by the petitioners earlier the respondent/University would consider and award marks to the petitioners as per their entitlement in terms of the criteria and would make the selection as per merit from amongst the posts remaining vacant. [3] The same satisfies learned counsel for the petitioners. [4] Accordingly, the writ petitions (i.e. CWP No. 11653 of 2015 and CWP No. 15339 of 2012) are disposed of in terms of the statement given by learned counsel for the respondent/University. Some of the petitioners as have cleared the screening test would submit the documents in support of their candidatures to the respondent/University within a period of two weeks from today, whereafter the respondent/University would consider and award marks to the petitioners as per their entitlement in terms of the criteria and consider the cases of the petitioners for selection and appointment in accordance with law against the vacant posts within a period of three months thereafter. [5] Since the main case has been disposed of all pending applications stand disposed of." 2. Learned counsel for the petitioner contends that the required documents were submitted by the petitioner on 7.2.2020. He has invited the attention of the Court to the forwarding letter addressed to the Registrar, Pandit B.D. Health Sciences, Rohtak (respondent No.l). He submits that despite this compliance made by him within the stipulated period of 2 weeks, the respondents have failed to comply with the direction given by this Court in the order dated 28.1.2020. According to him, the representation submitted by petitioner has also failed to evoke any response. 3. It is prayed that the contempt proceedings be initiated against the respondents for willful disobedience of the order dated 28.01.2020 passed by this Court. 4. According to him, the representation submitted by petitioner has also failed to evoke any response. 3. It is prayed that the contempt proceedings be initiated against the respondents for willful disobedience of the order dated 28.01.2020 passed by this Court. 4. During the course of hearing, it is not disputed by the learned counsel for the petitioner that a period of three months was given to the University to act upon the order passed by this Court after submission of the documents by the writ petitioners. Learned counsel is not aware about the status of the other 82 writ petitioners as to whether they also submitted the requisite documents before the respondent No.l. 5. After hearing learned counsel for the petitioner, this Court does not find it to be a primafacie case of willful and deliberate disobedience of the order dated 28.1.2020 by the respondents, as it is clear that the time frame granted by this Court vide its order dated 28.1.2020 would come to an end somewhere in middle of May, 2020 and the petition has been filed on 18.5.2020. Apart from it, in the wake of the outbreak of global pandemic, namely, COVID-19 this region is also seriously affected and in order to curb its spread, various restrictions have been imposed by State Government and District Administration. The Hon'ble Supreme Court in Suo Motu Writ Petition (Civil) No.3/2020 has also injected elasticity in the law of limitation for filing of cases before the Courts, Tribunals and other authorities keeping in view the unprecedented and unusual prevailing situation in the country. The said principles would also be equally applicable to the time frame granted to the Government Departments by an order passed on judicial side. Merely because there is some delay in compliance of the order, it cannot be construed as a willful and deliberate disobedience of the order passed by this Court. Resultantly, no ground is made out for initiating contempt proceedings. The petition is dismissed.