Himachal Pradesh High Court
Amit Kumar vs . Ram Subhag Singh And Others. on 31 March, 2022
Bench: Vivek Singh Thakur
Amit Kumar vs. Ram Subhag Singh and others.
.
COPC No. 27 of 2022
31.03.2022 Present: Mr. Ankush Dass Sood, Sr. Advocate with Mr.Rajneesh
K. Lal, Advocate for the petitioner.
Mr. Raju Ram Rahi, Deputy Advocate General, for
respondents No. 1 and 2.
Ms. Suchitra Sen, Advocate for respondent No.3.
CMP No. 3337 of 2022
This application has been filed on behalf of respondent
No.3 for revival of main petition COPC No. 27 of 2022 for modifying
the order dated 26th February, 2022 passed by this Court.
CWP No. 3894 of 2021 was decided by a Division Bench
of this Court vide order dated 31.12.2021 whereby, in paras 33 and 34
of said order, certain directions were issued to H.P. Staff Selection
Commission with respect to recruitment process initiated to fill-up the
posts against codes JOA 556 and JOA 817. The said order has been
assailed by one candidate in the Supreme Court by filing SLP No. 1100
of 2022 titled Ankita Thakur and others vs. H.P. Staff Selection
Commission and others wherein vide order dated 12.1.2022 notices
have been issued by the Supreme Court with direction that in the
meanwhile, directions contained in paragraph 33 of the impugned order
are stayed.
Main Contempt petition was preferred by petitioner on
the ground that the Supreme Court has stayed implementation only of
para 33 of order, but not of para 34 and by not complying the directions
contained in para 34, respondents were in contempt.
On first date of hearing, petition was disposed of on the
.
basis of statement made by learned counsel for respondent No.3 that no
further action with respect to recruitment process shall be taken till
further orders passed by the Supreme Court and result of Typing Test
was not to be declared and Commission shall comply the
orders/judgment passed by Courts on attaining finality.
Now this application has been filed stating therein that
respondent No.3 wants to complete the recruitment process of Post
Code No. 817 and that in this regard, clarification has been sought by
Commission from the Government vide communication dated 23rd
February, 2022 placed on record as Annuexre A-2 with this application.
In communication dated 23rd February, 2022, respondent
No.3, in concluding para of this communication, has himself opined
that paras 33 and 34 of judgment dated 31.12.2021 are interlinked to
each other and then has sought clarification by stating that to avoid
controversy, clarification regarding inclusion or exclusion of posts in
Post Code 817, as per judgment dated 31.12.2021, be communicated to
his office so that further selection process may be concluded
accordingly.
The Supreme Court has stayed the implementation of para
33. In para 34 it has been unambiguously directed by the Division
Bench that selection process shall not include the selection for posts
which were left from advertised posts of JOA 556 as said posts have
already been directed to be filled through selection process of JOA 556.
.
In view of clear cut direction by the Court, which has not
been stayed, respondent No.3 has no business to raise any question
about inclusion or exclusion of such posts. Respondent No.3 is taking
contrary stands as on one side he is intending to implement the
judgment and for that purpose modification of order has been sought
and on the other hand, he is raising question, which has already been
concluded by the Division Bench.
Be that as it may, in aforesaid circumstances, it would be
appropriate to recall the order dated 26th February, 2022 by permitting
learned counsel for respondent No.3 to withdraw her statement made
on that date and to adjudicate the petition on its own merits and thus
order dated 26.02.2022 is recalled and contempt petition is ordered to
be restored on its own original position.
Application stands disposed of.
COPC No. 27 of 2022
It has been informed that author of judgment Hon'ble
Mr.Justice Satyen Vaidya, J. is available tomorrow in the Single Bench
during post lunch sessions. Therefore, it would be appropriate to list
this petition before the said Bench on 1st April, 2022.
Application stands disposed of.
March 31, 2022 (Vivek Singh Thakur)
(ms) Judge
