Jammu & Kashmir High Court

Ccp(S) No. 148/202 vs Bishwajit Kumar Singh on 25 October, 2024

Author: Rajnesh Oswal

Bench: Rajnesh Oswal

     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                              AT SRINAGAR
                                                  Reserved on    04.10.2024
                                                Pronounced on.   25.10.2024


1.   CCP(S) No. 148/2021


Mohd. Qayoom and others                      .....Appellant(s)/Petitioner(s)
                     Through: Mr. Sheikh Najeeb, Adv.

               Vs
Bishwajit Kumar Singh, Principal Secy.                  ..... Respondent(s)
School Education Department and others
                     Through: Mr. Raman Sharma, AAG
                              Ms Saliqa Sheikh, Adv.


2.   CCP(S) No. 39/2022


Mohd. Akram                                  .....Appellant(s)/Petitioner(s)
                     Through: Mr. Sheikh Najeeb, Adv.

               Vs
Bishwajit Kumar Singh, Principal Secy.                  ..... Respondent(s)
School Education Department and others
                     Through: Mr. Raman Sharma, AAG
                              Ms Saliqa Sheikh, Adv.

CCP(S) No. 19/2022



Mohd. Rashid and others                      .....Appellant(s)/Petitioner(s)
                     Through: Mr. Sarfraz Hamid Rather, Adv.
               Vs
Bishwajit Kumar Singh, Principal Secy.                  ..... Respondent(s)
School Education Department and others


                     Through: Mr. Raman Sharma, AAG
                              Ms Saliqa Sheikh, Adv.
                                     2


                                                             CCP(S) Nos. 148/2021
                                                             & 39/2022 & 19/2022




Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
                            JUDGMENT

1. CCP(S) No.19/2022 arises out of order dated 09.02.2018 passed in SWP

No. 349/2015, whereas the other two contempt petitions bearing Nos.

CCP(S) No.148/2021 and CCP(S) No.39/2022 arise out of order dated

10.05.2018 passed in SWP No. 1910/2016.

2. The relevant facts are extracted from CCP(S) No.148/2021 for the

disposal of these three petitions by a common order.

3. The petitioners are working as teachers in the School Education

Department. The order in respect of promotion of the petitioners as

"Masters" was kept in abeyance vide order dated 27.12.2024, as the

Directorate of School Education was of the view that the degree of

Moalim-e-Urdu from Jamia Urdu Aligarh University was neither

recognized nor equivalent to B.Ed, therefore, they were not entitled to the

benefits of promotion as "Masters".

4. The petitioners being aggrieved of the order dated 27.12.2024 filed the

writ petition bearing SWP No. 1910/2016 titled Mohd. Azam & Ors. Vs.

State of J&K, which was disposed of vide order dated 10.05.2018and the

Director, School Education, Jammu was directed to take an appropriate

decision by passing a speaking order within six weeks from the date, a

copy of the order was to be made available. The order dated 09.02.2018

passed in SWP NO. 277/2015 formed the basis of order dated 10.05.2018.

Vide order dated 09.02.2018 passed in SWP NO. 277/2015, the Director

& 39/2022 & 19/2022

School Education, Jammu was asked to revisit the entire issue in light of

the Government order No. 140-HE of 2017 dated 08.03.2017.

5. As the respondents did not comply with judgment dated 10.05.2018

passed in SWP No. 1910/2016, the petitioners filed the instant contempt

petitions. The respondent No.2 filed the statement of facts/compliance

report dated 29.12.2022, stating thereby that the Administrative

Department vide order dated 28.12.2022 has issued instructions to pass a

speaking order. The respondent No.2 along with the statement of facts also

annexed the order dated 28.12.2022, whereby he rejected the claim of the

petitioners for promotion as Masters.

6. The petitioners have responded to the compliance report dated 29.12.2022

by stating that vide order dated 23.12.2022, the Court after perusing the

statement of facts dated 21.12.2022 granted the respondents a week's time

to comply the judgment having regard to order dated 08.03.2017, as the

Court was not satisfied with the statement of facts/compliance report filed

by the respondents. It is further stated that the compliance report dated

29.12.2022 along with order dated 28.12.2022 is contemptuous as there

was no occasion or reason to reject the case of the petitioners and in fact,

it was not the case of promotion of the petitioners as they were already

promoted but the promotion order was kept in abeyance. It is further stated

that the respondent No. 2 issued an order dated 28.12.2022 in a hush-hush

manner without properly understanding the controversy and he cannot sit

over the directions and observation made by this Court. A perusal of order

dated 28.12.2022 would reveal that respondent No. 2 took up the matter

with respondent No. 1, who in turn, directed him to pass speaking order

& 39/2022 & 19/2022

and respondent No. 2 in turn has turned the controversy involved into a

conflict between the University of Kashmir and University of Jammu, as

the respondents have relied upon the communication of the University of

Jammu dated 07.07.2022 and as per the said communication, the Jamia

Urdu Aligarh University does not exist in the list of Universities

recognized by the University Grants Commission and, as such is not

recognized by the University of Jammu. The petitioners have placed on

record various orders and communications and even the status report filed

in CCP(S) No. 148/2021. The petitioners have also placed on record the

documents demonstrating that the similarly situated persons, who have

acquired Moalim-e-Urdu degree from Jamia Urdu Aligarh University,

have already been promoted as Masters. It is further stated by the

petitioners that after filing of the response on 10.02.2022, Mr. Alok

Kumar, who was posted as Principal Secretary to Government, School

Education Department was also given additional charge of Higher

Education Department and then only the Higher Education Department

had issued the Government order dated 21.08.2023 whereby the

Government order No. 140-HE of 2017 dated 08.03.2017 has been

withdrawn ab-initio.

7. Learned counsel for the petitioners has vehemently argued that the

respondents have deliberately not complied with the judgment of this

Court and order dated 28.12.2022 passed by respondent No. 2 is in

violation of order dated 10.05.2018. He has further contended that number

of candidates have been promoted to the Masters by the Department who

& 39/2022 & 19/2022

were having qualification of Moalim-e-Urdu and the petitioners have been

discriminated against.

8. Mr. Raman Sharma, learned AAG appearing for the respondents has

submitted that order dated 28.12.2022 has been passed by respondent No.

2 after obtaining the requisite instructions from the Administrative

Department and he further laid much stress that order dated 08.03.2017

issued by Higher Education Department stands withdrawn by the Higher

Education Department itself and as such the petitioners cannot derive any

benefit out of the same.

9. Heard and perused the record.

10. The Government order No. 140-HE of 2017 dated 08.03.2017, reads as

under:

"Government of Jammu and KashmirHigher Education DepartmentCivil Secretariat Jammu

Sub:- Equivalence of qualification of Moulim-e-Urdu

Reference:- Letter No. Clarification/Moulim/KU/16 dated 31.11.2016 Government Order No. 140-HE of 2017 Dated 08.03.2017

In view of similarities in curriculum, content and scheme, it is hereby ordered that "Moalime-Urdu" Degree awarded by Jamia Urdu Aligarh is equivalent to "Bachelor of Education (B.Ed) Degree awarded by State Universities of Jammu and Kashmir.

By order of the Government of Jammu and Kashmir

Sd/-

(Dr. Asgar Hassan Samoon) IAS Commissioner/Secretary to Government) Higher Education Department"

& 39/2022 & 19/2022

11. The record depicts that the respondent No. 2 was directed to revisit the

entire issue in respect of the qualification of the petitioners as Moalim-e-

Urdu, in view of the Government order No. 140/HE of 2017 dated

08.03.2017. Vide order dated 10.05.2018, the Director School Education

was directed to pass a speaking order within a period of six weeks on the

same grounds as mentioned in order dated 09.02.2018. Order dated

08.03.2017 was issued by the Higher Education Department, Government

of Jammu and Kashmir and not by the School Education Department. The

respondent No.2 has placed on record the order dated 28.12.2022,

whereby the claim of the petitioners has been rejected. Before rejecting

the claim of the petitioners, the Administrative Department vide order

dated 28.12.2022 had issued directions to the respondent No. 2 to pass

speaking order as per observations extracted as under:

"--------the matter was examined in the Department and found that most of the institutions awarding "Moalim-e-Urdu are not recognized by the UGC. The Government Order No. 140-HE of 2017 dated 08.03.2017 was issued on the recommendations of Universities of Kashmir vide No. (Clarification/Moalim/Acad/KU/16 dated 31.11.2016, whereas the stand of University of Jammu was not taken into consideration besides Jamia Urdu, Aligarh is not in the list of recognized Universities.

University of Jammu vide its communication dated 07.07.2022 has informed that as per the list of the Universities in the country maintained by the University Grants Commission, Jamia Urdu, Aligarh does not exist in the list and as such is not recognized by the University of Jammu.

Further the matter with regard to the equivalence of the Moalim- e-Urdu Degree awarded by the Jamia Urdu, Aligarh with the B.Ed Degree awarded by the State Universities of Jammu and Kashmir was placed before the Academic Council in its meeting held on 26.05.2017 vide resolution No. 3.16.2, it was resolved as under:

"The matter w.r.t. the equivalence of the Moalim-e-Urdu Degree awarded by the Jamia Urdu Aligarh with the B.Ed Degree

& 39/2022 & 19/2022

awarded by the State Universities of Jammu and Kashmir, be not accepted."

In light of decision of Academic Council in its meeting held on 26.05.2017 vide resolution No. 3.16.2 and the university in question (Jamia Urdu Aligarh) sans the recognition from University Grants Commission (UGC) New Delhi, the claim of the petitioners does not seem maintainable....."

12. A perusal of the abovementioned observations reveals that the

Administrative Department was of the view that the Government Order

No. 140-HE of 2017 dated 08.03.2017 was issued on the

recommendations of the University of Kashmir and the stand of the

University of Jammu was not taken into consideration. As per University

of Jammu, the Jamia Urdu Aligarh does not exist in the list, as such, is not

recognized by the University of Jammu. Even the Government Order No.

140-HE of 2017 dated 08.03.2017 has been withdrawn by the Higher

Education Department vide order dated 21.08.2023 and it is ordered as

under:

"Now, therefore in light of the decision of the Equivalence Committee regarding equivalence of Moalim-e-Urdu degree awarded by Jamia Urdu Aligarh to Bachelor of Education (B.Ed) degree awarded by State Universities of Jammu and Kashmir i.e. not equivalent, Government Order No. 140-HE of 2017 dated 08.03.2017 in withdrawn ab-initio."

13. An attempt was made by the petitioners to impute motive to the then

Principal Secretary to Government, Higher Education Department, who

was also the Principal Secretary to Government, School Education

Department as it was alleged that Principal Secretary to Government,

School Education Department was given additional charge of Higher

Education Department and he issued order dated 21.08.2023, whereby

& 39/2022 & 19/2022

order dated 08.03.2017 was withdrawn but this plea cannot be entertained

while adjudicating contempt proceedings.

14. The order of this Court was to consider the claim of the petitioners in

terms of Government order No. 140-HE of 2017 dated 08.03.2017 which

pertained to the Higher Education Department and not to School

Education Department.

15. The respondents have passed the order dated 28.12.2022. Since order

dated 28.12.2022 has been passed by the respondents and order dated

08.03.2017 on the basis of which the claims of the petitioners were to be

considered, has also been withdrawn, therefore, this Court does not find

that there is any wilful or deliberate non-compliance of the order passed

by this Court on the part of the respondents.

16. This Court cannot consider the claim of the petitioners that earlier number

of persons having similar qualification have been promoted to the post of

Master, as this Court is adjudicating the contempt petition only and cannot

determine the substantive rights of the petitioners, thereby examining the

validity of the order passed by the respondent No.2. In 'Senthur v. T.N.

Public Service Commission', (2022) 17 SCC 568, the Hon'ble Apex

Court has held as under:

15. There can be no quarrel with the proposition that in a contempt jurisdiction, the court will not travel beyond the original judgment and direction; neither would it be permissible for the court to issue any supplementary or incidental directions, which are not to be found in the original judgment and order. The court is only concerned with the wilful or deliberate non-compliance of the directions issued in the original judgment and order.

(emphasis added)

& 39/2022 & 19/2022

17. In view of the above, contempt proceedings are closed, leaving it open for

the petitioners to avail appropriate remedy as available under law, if so

advised.

18. Disposed of.

(RAJNESH OSWAL) JUDGE

Jammu: