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Judgment
,,,,,,
A. K. Chawla, J",,,,,,
CM APPLs. 32143/2017 (Stay), 38176/2017 (Vacation of order) and 34777/2017 (Impleadment/ Intervenor).",,,,,,
All the three applications in hand are the off-shoot of the directions given by this Court on the institution of the contempt petition alleging violation of,,,,,,
the directions given by the Division Bench of this Court in WP(C) 1611/2001 for filling-up the various vacancies of PGTs, TGTs and Asst. Teachers",,,,,,
on regular basis.,,,,,,
Instant contempt petition, it emerges, is the second contempt petition, the earlier filed being Contempt Petition (C) 370/2003 having been disposed",,,,,,
off on 23.2.2010, with the liberty to the petitioner to file afresh, in the event, the respondent does not recruit teachers in any year or sits over the",,,,,,
vacancies for long. Instant contempt petition thereafter came to be filed alleging deliberate omission in compliance of the order(s) of this court,",,,,,,
inasmuch as, 26031 vacancies of teachers, which did not include 9000 new posts created by Govt. of NCT of Delhi, were still lying vacant in the",,,,,,
schools run by Govt. of NCT of Delhi and the three Municipalities and thereby, the students were deprived of their fundamental right to receive quality",,,,,,
education.,,,,,,
In the instant contempt proceedings, on 11.4.2017, this Court directed Delhi Govt., EDMC, NDMC, and SDMC to take immediate remedial",,,,,,
measures and send requisition intimating all vacant teaching posts as on 1.4.2017 to DSSSB, who is to undertake the exercise of selection of the",,,,,,
candidates, for being appointed in the respective posts. In pursuance thereof, intimations for the vacant posts came to be given to DSSSB and DSSSB",,,,,,
proceeded to advertise vacancy notice no. F.1(351)/DSSSB/P&P/2017/Advt./827 bearing advertisement no.02/17 dated 07/08/2017 inviting online,,,,,,
application for various teaching & non-teaching posts. Vide notice no. F.1(351)/DSSSB/P&P/2017/Advt./884-889 dated 24/08/17 however, DSSSB",,,,,,
withdrew the vacancies for all the posts of teachers of Dte. of Education of Govt. of NCT. It resulted into filing of the application being CM,,,,,,
No.32143/2017 by the petitioner-Social Jurist, in short 'Social Jurist's Application', seeking stay of notice dated 24.8.2017 and further directions to",,,,,,
DSSSB to proceed further with the advertisement no.02/17 dated 7.8.2017.,,,,,,
'Social Jurist's Application' proceeds on the premise that such action of DSSSB to withdraw all vacancies of teaching posts in Dte. of Education,,,,,,
from advertisement no. 02/17 was not only illegal, malafide, intentional and wilful disobedience of the earlier orders of this Court, it, more pertinently,",,,,,,
also violated the orders dated 11.4.2017 and 9.8.2017 passed by this Court. In the reply affidavit dated 15.9.2017 of the Director (Education) of the,,,,,,
Govt. of NCT, it has come to be stated that the answering respondent has been engaging guest teachers from the year 2010 as a stop gap",,,,,,
arrangement against the regular posts lying vacant and that prior to the year 2013-14, the entire process of engagement of guest teachers was being",,,,,,
conducted at the level of the 'Heads of Schools' itself, but, in the year 2014-15, to ensure transparency in the engagement of guest teachers and to",,,,,,
streamline the process, the answering respondent had revamped the system and that, the selection to the panel was on the basis of an open",,,,,,
advertisement/notice, followed by a drawing up merit list, and, it has been continued, since then. 1817 guest teachers with experience of previous year",,,,,,
are also said to be taken, as per the judgment of Hon'ble CAT in OA no. 2671/2014 Sonalika Mishra & Ors. Vs. Govt. of NCT of Delhi. It is also",,,,,,
stated that such facts were being placed before the Court to demonstrate that the respondent, in the interest of school education, fills-up the vacancies",,,,,,
in schools through this stop gap arrangement and is making serious efforts to fill-up the vacancies with regularly recruited persons. In addition thereto,",,,,,,
it has also come to be stated that the Council of Ministers, GNCT of Delhi, vide decision no. 2269 dated 4.12.2015 had decided (1) Creation of 9623",,,,,,
additional teaching posts (Principal-25, Vice-Principal-365, PGT 4940, TGT-2933, Physical Education Teacher-860, Drawing Teacher-256, Librarian-",,,,,,
38 & Lab Asstt.-226) in the Directorate of Education, as, it will help to achieve the desired level of Teacher-Pupil ratio as per the RTE Act; (2) The",,,,,,
required age relaxation will be given to all Guest Teachers who were engaged in the academic years 2012-13, 2013-14 & 2015-16 provided they have",,,,,,
worked for at least 120 working days in any one year, and that, it was one time measure; and, (3) additional weightage in marks to be given for each",,,,,,
academic year to the guest teachers. To this decision dated 4.12.2015 of the Council of Ministers, GNCT of Delhi, the Lt. Governor, GNCTD gave",,,,,,
approval as a one time measure, observing, granting age relaxation to those, who may have contributed some years in service in Govt. would seem",,,,,,
reasonable, however, granting weightage in marks to select candidates in an open selection, would violate principles of equality and equal opportunity",,,,,,
enshrined in the Constitution, and, therefore, cannot be permitted. In this reply, it has also come to be stated that consequent upon the orders dated",,,,,,
11.4.2017 passed by this Court, the Dte. of Education had sent requisitions to DSSSB and DSSSB advertised 8972 vacancies vide advertisement no.",,,,,,
02/17 on 7.8.2017. Reply also states that the Minister of Education, GNCT of Delhi however, wrote letter dated 9.8.2017 to the Lt. Governor citing",,,,,,
judgments of Apex Court, to reconsider the issue of weightage of experience to the guest teachers and on 10.8.2017, the Legislative Assembly of",,,,,,
NCT of Delhi passed a Resolution to the effect that the current recruitment process be put on hold till the Directorate of Education formulates a policy,,,,,,
for giving due weightage to guest teachers based on their working in Delhi Govt.'s schools and therefore, the process has been put on hold temporarily,",,,,,,
till, a final decision on the Resolution passed by the Assembly comes to be taken. It is thus, stated that as soon as the issue of weightage of marks to",,,,,,
the guest teachers on the basis of the experience is examined, further action on the recruitment process will be taken. As for the status of guest",,,,,,
teachers and the vacancies, it is averred that as per the recruitment rules of PGTs/TGTs, 75% posts are promotional and 25% are by direct",,,,,,
recruitment and that, promotion of 3702 PGTs for the year 2015-16 is under active process and thereafter, the respondent will fill up the posts for the",,,,,,
year 2016-17. As regards TGTs, it is stated that the process of filling up of promotional post of TGTs has been initiated after sorting out the issues",,,,,,
regarding post-based roster with the guidance of nodal officer of National Commission for Scheduled Castes and the same was being actively pursued,,,,,,
and that, the documents regarding promotion had been called from all the three municipal Corporations of Delhi and district offices of Dte. of",,,,,,
Education and that, 87% of this feeder is Asst. Teachers from MCD and 13% from Asst. Teachers of Dte. of Education. In her additional affidavit",,,,,,
dated 25.9.2017, the Director (Education) has then stated that the process has temporarily been put on hold, with the approval of competent Authority,",,,,,,
till a final decision on the resolution passed by the Assembly is taken. This additional affidavit in reply then also says that the proposal, in respect of",,,,,,
weightage of marks to the guest teachers was submitted to Law Department, GNCT of Delhi for examination on 18.8.2017 and it required detailed",,,,,,
examination and inter-ministerial consultation, and, that, it was being examined in the light of related judgments of Hon'ble Supreme Court quoted by",,,,,,
Legislative Assembly of Delhi, earlier decision(s) of Hon'ble Lt. Governor, relevant Articles of Constitution and other prevailing Rules/instructions in",,,,,,
the matter. This additional affidavit also states that the Lt. Governor has again desired vide UO dated 14.9.2017 that the matter be submitted urgently,",,,,,,
after proper examination, as per rules. It is also said that the matter of weightage of marks to the guest teachers on the basis of experience will be",,,,,,
taken by the competent Authority on submission of the matter after inter-ministerial consultation. On 27.9.2017, this court directed status quo and not",,,,,,
to either appoint or promote the guest teachers, which had come to be appointed from the year 2010 onwards. To seek vacation of such orders CM",,,,,,
No. 38176/2017, in short 'the Govt.'s Application', has come to be filed. This application came to be filed by Dy. Chief Minister/ Education Minister",,,,,,
supported by his own affidavit, being the Minister In-charge, Department of Education, Govt. of NCT of Delhi, after the disposal of LPA by the",,,,,,
Division Bench of this Court, preferred against the order dated 27.9.2017. LPA was disposed off by the Division Bench directing the applicant to",,,,,,
move this Court only for the purpose, and, raise all the contentions and the pleas inter alia that Legislative Assembly had passed a Bill on 4.10.2017,",,,,,,
which was pending consideration before the Lt. Governor.,,,,,,
'The Govt.'s Application' proceeds on the premise that 'the Social Jurist's Application' had become infructuous, as the last date for submission of the",,,,,,
application pursuant to the advertisement no. 02/17 dated 7.8.2017 had already expired; the direction/order militates against the very grievance made,,,,,,
in the contempt proceedings for the vacancy of teachers not getting filled; till the time, 9000 odd newly created posts of teachers are filled up either",,,,,,
through recruitment process or regularisation, guests teachers are required as stop gap arrangement against the said newly created posts; and, without",,,,,,
prejudice to the afore-going, crisis had become more acute in view of the fact (i) Govt. had constructed/opened almost 8000 new classrooms; (ii)",,,,,,
class-X Board Exam had started after many years and therefore, the students who were presently in class-X, would have to prepare the full years",,,,,,
syllabus against six months syllabus (as was required earlier), apart from undertaking a public examination and therefore, it required most extensive",,,,,,
teaching, which in turn, would require more no. of teachers; (iii) similarly for class-IX, the annual exam had restarted, which would require preparation",,,,,,
for full year's syllabus; and, (iv) the Govt. was though investing heavily in teachers' training, will not be able to take teachers out of their regular",,,,,,
teaching schedule even for two weeks time to impart such training, as the guest teachers, who could have acted as buffer/stop gap arrangement,",,,,,,
would not be available in the required no. because of the subject order/direction of this Court. Prayer, as such, has come to be made in 'the Govt.'s",,,,,,
Application' for vacation and/or non-continuance of the direction given on 27.9.2017. In the reply filed, Social Jurist's say that at present, over 27000",,,,,,
teachers posts were lying vacant for the last 7-8 years with the Dte. of Education, Govt. Of NCT of Delhi and that the recruitment process of regular",,,,,,
teachers was already delayed due to inaction attributable to the Govt. and that, any further delay would be against the interest of the students. It is",,,,,,
therefore, prayed that the interim orders should continue.",,,,,,
CM No. 34777/2017 has come to be filed by Dilli Athithi Shikshak Sangh for being impleaded in the proceedings as an intervenor under Order 1,,,,,,
Rule 10 CPC read with Article 251 of Constitution of India, in short, 'the Intervenor's Application'. 'The Intervenor's Application' proceeds on the",,,,,,
premise that it represents the interest of all about 14020 guest teachers, who are lying engaged as guest teachers by the Dte. of Education, GNCT of",,,,,,
Delhi. According to the intervenor, the guest teachers were engaged through open, transparent process and could not be replaced by the other guest",,,,,,
teachers, but, for being replaced by teachers appointed on regular basis. Intervenor adverting to order dated 26.11.2014 of the Central Administrative",,,,,,
Tribunal (CAT) asserts that while the guest teachers engaged through the open and the transparent process, could not be replaced by other guest",,,,,,
teachers, they could be replaced by the teachers appointed on regular basis, though, the CAT had permitted to discontinue the engagement of guest",,,,,,
teachers, whose performance was found unsatisfactory. To be precise, the intervenor by the application in hand, seeks to be heard in the proceedings,",,,,,,
as, according to it, the orders passed in the instant contempt proceedings will have a bearing on the interest of its members i.e. the guest teachers. No",,,,,,
notice of the application has come to be issued, as yet.",,,,,,
In the submissions of Mr. Agarwal, ld. Counsel for the petitioner, the action of the Dte. of Education, GNCT of Delhi in withdrawing the",,,,,,
advertisement dated 7.8.2017 with regard to all 8917 vacancies of teachers was illegal and contemptuous and in clear contravention of the orders,,,,,,
passed by the Division Bench of this Court on 20.12.2001 in WP(C) 1711 of 2001, as also, the orders passed by this Court on 11.4.2017 and 9.8.2017,",,,,,,
and, that, no prior permission of this Court was sought before issuance of the notice dated 24.8.2017. Referring to the orders passed by this Court in",,,,,,
CCP No. 370 of 2003 Social Jurist Vs. T.T. Joseph, Chairman, DSSSB & Ors., it is also contended that this Court had earlier passed similar orders",,,,,,
against the respondents discouraging appointment of teachers on contract basis instead of recruiting permanent teachers through DSSSB. In addition,,,,,,
thereto, it has also come to be pointed out that in its reply affidavit dated 12.1.2017 to CM No.40680 of 2016, the Directorate of Education admits that",,,,,,
as many as 82 teachers (TGT, PGT and Principal) have been deployed for the Court work, though, their presence is shown in the respective schools",,,,,,
and drawing salary therefrom only, and, it shows that the GNCT of Delhi is not at all serious to ensure that the teachers work in schools only. In",,,,,,
support of its application, the petitioner-Social Jurist has placed reliance upon (2014) 7 SCC 416 Bihar State government SCL. Teacher Asn. Vs.",,,,,,
Ashok Kumar Sinha & Ors; Contempt Case (C) 538/2016 Archana Chugh & Ors. Vs. G.S. Moondhra & Ors. Order passed on 18.11.2016; and, Civil",,,,,,
Appeal No. 4298-4299 of 2017 Bangalore Jute Factory PLC Mazdoor Sangh (BMS) etc. Vs. Bangalore Jute Factory PLC decided by Hon'ble,,,,,,
Supreme Court on 21.03.2017.,,,,,,
In submissions of Mr. Singh, ld. Standing Counsel for GNCT of Delhi, the recruitment process to be undertaken by DSSSB vide advertisement",,,,,,
no.02/17 dated 7.8.2017 was suspended on the basis of the decision of the competent Authority and therefore, the notice dated 24.8.2017 for keeping",,,,,,
such process in abeyance was issued by DSSSB and therefore, 'Social Jurist's Application' in the contempt proceedings was beyond the scope of the",,,,,,
contempt jurisdiction. It was also strenuously contended that as the subject advertisement no. 02/17 merely granted age relaxation to the guest,,,,,,
teachers, without giving any additional weightage in marks, the Minister of Education, GNCT of Delhi had requested the Lt. Governor for",,,,,,
reconsideration on the issue of weightage of experience to the guest teachers and that, the Legislative Assembly of GNCT of Delhi had passed a",,,,,,
resolution to put on hold the current recruitment process, till, a policy, giving due weightage to the guest teachers based on their working in Delhi Govt.",,,,,,
Schools was formulated. Thus, according to Mr. Singh, while the said policy decision of the Govt., did not amount to wilful disobedience of the",,,,,,
orders/directions of this Court, it was also justifiable, legally sound and bonafide, in view of the judgments of the Hon'ble Supreme Court dated",,,,,,
29.11.2016 in SLP No.32008-09 of 2013 and dated 3.8.2016 in SLP No.3159 of 2015. Also, in his submissions, the guest teachers were substantially",,,,,,
those, who had been empanelled in the year 2014, when, the recruitment process became transparent and streamlined, through, an open",,,,,,
advertisement/notice basis and getting drawn merit list. As to the steps taken to fill up the vacant posts through direct recruitment and promotion, it has",,,,,,
come to be contended that the Government has been regularly sending the requisitions to DSSSB for the direct recruitment and teachers have been,,,,,,
recruited there-against from time to time. As for the promotional posts, it has come to be contended that the posts of PGT and TGT have been filled",,,,,,
up till 2012-13, but, from 2013-14, the filling up of TGT posts faced a roadblock, on account of OM of DoPT dated 13.8.1997, which was recently set",,,,,,
aside by this Court on 20.8.2017 and that, after the said judgment, further instructions are awaited from Ministry of Home Affairs, Govt. of India. It is",,,,,,
thus contended that the delay in filling up both the direct and promotional posts, was bonafide. In his submissions, it was only as a stop gap",,,,,,
arrangement against the regular posts lying vacant, the Govt. had decided to induct the guest teachers, without compromising on the quality, and, that,",,,,,,
such efforts had helped in reducing the deficit/pendency (before creation of new posts in 2016 onwards) to mere 6.18% of the teaching staff.,,,,,,
Therefore, the prayer made by the petitioner-Social Jurist in its application is sought to be rejected. Order dated 27.9.2017 is also, sought to be vacated",,,,,,
and/or being not continued further, for the reasons (i) Govt. had constructed/opened almost 8000 new class rooms; (ii) class-X board's exams had",,,,,,
come to be started after many years and, therefore, the students, who were presently in class-X, require to prepare for full year's syllabus against the",,,,,,
six months' syllabus (as was required earlier), apart from undertaking a public examination and for that, extensive teaching required more number of",,,,,,
teachers; (iii) similarly, for class-IX, the annual exams had also started and extensive teaching was required attracting more teachers; and, (iv) more",,,,,,
than about 8500 NIOS would not having any teachers. It was also contended that due to acute shortage of teachers, the department of Education was",,,,,,
also constrained to issue an order on 23.10.2017 inter alia cancelling the leaves of the teachers till March of the next year. Thus, according to Mr.",,,,,,
Singh, the Govt. was willing and that too, as a purely temporary/stop gap arrangement to engage around 8700 new guest teachers on daily",,,,,,
remuneration basis, against the existing vacant posts confined to the present academic session 2017-18 and to that effect, an affidavit has been filed.",,,,,,
In addition thereto, it has come to be submitted that the instant contempt proceedings were only concerned with filling up of the vacancies by regular",,,,,,
recruitment and therefore, the aspect of grant of due weightage to the guest teachers, as suggested by the Legislative Assembly in its resolution dated",,,,,,
10.8.2017, cannot be entertained in the instant proceedings and that, the suggestion of the Legislative Assembly, in any event, and, in no manner, can",,,,,,
amount to wilful and contumacious violation of the orders/directions of this Court. As for the delay in filling up the vacancies by direct recruitment, it is",,,,,,
contended that it appears to be on account of difference of opinion and the matter moving to and fro, which, from the elected Govt.'s point of view,",,,,,,
was clearly bonafide, especially, in view of the judgment of the Hon'ble Supreme Court dated 3.8.2016 and 29.11.20166. It is also contended that the",,,,,,
issue is debatable and therefore, the question of wilful disobeyance on account of the said debate/legal interpretation, on the issue of weightage, cannot",,,,,,
under any circumstances, amount to wilful disobeyance and in that regard, reliance is placed upon Indian Airport Employees Union Vs. Ranjan",,,,,,
Chatterjee (1999) 2 SCC 537. Directorate of Education, GNCT of Delhi, through its Director (Education) has filed its written submissions separately.",,,,,,
These submissions have come to be filed independently and only narrate the sequence of events. In the end, these submissions, only conclude to say",,,,,,
that the officials, who have been arrayed as Contemnors, had not violated any order passed by this Court and on their part, they had taken all steps to",,,,,,
Delhi Govt.,27142,,,,,
EDMC,2110,,,,,
NDMC,2862,,,,,
SDMC,1667,,,,,
Total      Â
vacant Teaching posts",33781,,,,,
Posts  creation date/orders,"Total
regular
sanctioned
posts","Direct
Recruitment
posts","Promotio
nal posts","Cumulative
Total   Â
DR Posts","Cumulative
Total    Â
DP Posts","Cumulative
Total
(DR+DP)
Posts    existed
as               Â
on
01.01.2010",41988,17359,24629,17359,24629,41988
25.02.2010,926,926,0,18285,24629,42914
23.12.2010,308,308,0,18593,24629,43222
07.10.2011,11651,5407,6244,24000,30873,54873
10.11.2015,28,28,0,24028,30873,54901
24.12.2015,165,165,0,24193,30873,55066
18.01.2016,9027,3122,5905,27315,36778,64093
28.03.2010,170,170,0,27485,36778,64263
01.08.2017,1094,848,246,28333,37024,65357
17.08.2017,1379,345,1034,28678,38058,66736
Total,66736,28678,38058,--------,--------,-------
2014-15,610,610,940,3731,699,0
2015-16,1755,1755,3702,4340,0,0
2016-17,4090,5791,1930,341,0,0
2013-14 onwards, inasmuch as, neither any appointment to the regular posts has come to be made to the post of TGTs through promotion or through",,,,,,
direct recruitment. The process, which ultimately came to be initiated in pursuance of the directions given by this Court on 11.4.2017 has in fact has",,,,,,
come to be scuttled with the issuance of the notice dated 24.8.2017 withdrawing the advertisement no. 02/17 dated 7.8.2017, on the premise that a",,,,,,
proposal of giving weightage of marks to a class of candidates, who may apply against the regular posts, which according to the Education Minister,",,,,,,
Council of Ministers and the Legislative Assembly of GNCT of Delhi, was under consideration, before the competent Authority. Though, Mr. Singh,",,,,,,
ld. Standing Counsel for GNCT of Delhi was repeatedly asked to clarify, as to who, is the competent Authority before whom the matter was under",,,,,,
consideration and is to decide on the issue, he remained evasive and no specific statement or assertion came to be made or placed on record, inspite of",,,,,,
even the directions, specifically given to that effect. Why he chose not to come out and say clearly and specifically in his submissions before the",,,,,,
Court, his difficulty can be understood. It emerges from the record that he gets instructions directly from the concerned Minister and the Dte. of",,,,,,
Education is not taken into confidence. Suffice to say, two LPAs that came to be preferred against the order dated 27.9.2017 came to be filed under",,,,,,
the hand of Education Minister himself and not the Director or any other officer of the Department. In fact, during the course of hearing on 1.12.2017,",,,,,,
the Special Director of the Dte. of Education stated that she was even oblivious of the filing of the said LPAs.,,,,,,
This court need not get into the functioning of the Dte. of Education any further, more so, at this stage. The facts emerging from the record are very",,,,,,
clear to the effect that the competent Authority, as per the own assertion of GNCT of Delhi, has reference to the Lt. Governor, inasmuch as, the",,,,,,
proposal for giving weightage of marks to the guest teachers, awaits approval of the Lt. Governor and so is the Bill passed by the Legislative",,,,,,
Assembly of GNCT of Delhi awaiting such approval by the Lt. Governor only. Be that as it may, the fact remains that any proposal for weightage of",,,,,,
marks has not yet been approved by the competent Authority and has not yet taken the shape of any rule of law, to be followed for filling up the",,,,,,
vacant posts, in respect whereof, advertisement no.02/17 dated 7.8.2017 had come to be issued. Interestingly, Bill for regularisation for guest teachers",,,,,,
has come to be passed on 4.10.2017, which was only after the withdrawal notice dated 24.8.2017, that is, much after the issuance of the directions",,,,,,
given by this Court on 11.4.2017 and 9.8.2017. Withdrawal notice dated 24.8.2017, on the premise of the resolution of Council of Ministers dated",,,,,,
4.12.2015 in the face of the directions given on 11.4.2017 and 9.8.2017 and without the leave of the Court, does not sound well. It has the effect of",,,,,,
violating the orders/directions of the Court and serious. Who was instrumental to that effect, the respondents arrayed in the contempt proceedings,",,,,,,
who are the officers of the Dte. of Education, prima facie cannot be said to be responsible. Someone however, has to take the responsibility, unless,",,,,,,
this Court fixes such responsibility from what all emerges from the record. Such exercise at this stage, is not required to be undertaken by the Court,",,,,,,
inasmuch as, the three applications in hand invite this Court only to the aspect of continuance of the order dated 27.9.2017 or not, and, any further",,,,,,
directions required to be given for ensuring filling up of the regular sanctioned posts, for which the advertisement no.02/17 dated 7.8.2017 had come to",,,,,,
be issued, besides, a hearing sought by the guest teachers as the intervenors in the instant proceedings.",,,,,,
Mr. Agarwal presses 'the Social Jurist's Application' seeking stay of the operation of the stay notice dated 24.8.2017, with the directions to DSSSB",,,,,,
to proceed further with advertisement no. 02/17 dated 7.8.2017 placing reliance upon MANU/SC/0438/2014 (AIR 2014 SC 2824) Bihar State Govt.,,,,,,
Section Scl. Teachers Assn. Vs. Ashok Kumar Sinha and Ors. It was a similar matter of contempt proceedings wherein, the Hon'ble Supreme Court",,,,,,
made observations and issued directions, as follows:",,,,,,
At the outset, we may observe that we are conscious of the limits within which we can undertake the scrutiny of the steps taken by",,,,,,
the Respondents, in these contempt proceedings. The Court is supposed to adopt cautionary approach which would mean that if there",,,,,,
is a substantial compliance of the directions given in the judgment, this Court is not supposed to go into the nitty gritty of the various",,,,,,
measures taken by the Respondents. It is also correct that only if there is willful and contumacious disobedience of the orders, that the",,,,,,
Court would take cognizance. Even when there are two equally consistent possibilities open to the Court, case of contempt is not made",,,,,,
out. At the same time, it is permissible for the Court to examine as to whether the steps taken to purportedly comply with the",,,,,,
directions of the judgment are in furtherance of its compliance or they tend to defeat the very purpose for which the directions were,,,,,,
issued. We can certainly go into the issue as to whether the Government took certain steps in order to implement the directions of this,,,,,,
Court and thereafter withdrew those measures and whether it amounts to non-implementation. Limited inquiry from the aforesaid,,,,,,
perspective, into the provisions of 2014 Rules can also be undertaken to find out as to whether those provisions amount to nullifying",,,,,,
the effect of the very merger of BSES with BES. As all these aspects have a direct co-relation with the issue as to whether the,,,,,,
directions are implemented or not. We are, thus, of the opinion that this Court can indulge in this limited scrutiny as to whether",,,,,,
provisions made in 2014 Rules frustrate the effect of the judgment and attempt is to achieve those results which were the arguments,,,,,,
raised by the Respondents at the time of hearing C.A. No. 8226-8227 of 2012 but rejected by this Court. To put it otherwise, we can",,,,,,
certainly examine as to whether 2014 Rules are made to implement the judgment or these Rules in effect nullify the result of merger of,,,,,,
the two cadres.,,,,,,
........................................................................................................,,,,,,
.....................................................................................................""",,,,,,
In the judgment (supra), the Hon'ble Supreme Court issued various directions also to give effect to the extant rules and the consequential benefits to",,,,,,
be accorded and so on. It does not require any elaboration that the Contempt Court imbibes in itself the powers to execute the orders passed by this,,,,,,
Court in Writ Jurisdiction and otherwise. Keeping in view the directions of the Division Bench of this Court passed on 20.12.2001 in WP(C) 1611/01,,,,,,
and further directions issued by this Court on 11.4.2017 and 9.8.2017, operation of the notice dated 24.8.2017 issued by DSSSB is stayed and DSSSB",,,,,,
is directed to proceed further with the advertisement no. 02/17 dated 7.8.2017 for appointment of teachers of the Directorate of Education, GNCT of",,,,,,
Delhi, in the following terms:",,,,,,
(i) A fresh advertisement calling for applications from the eligible candidates will be issued by 20.12.2017;,,,,,,
(ii) Applications so invited shall be received latest by 31.1.2018;,,,,,,
(iii) Processing of applications, arrangements for conduct of written test, final selection and drawl of panel would be completed by 31.8.2018;",,,,,,
(iv) Panel shall be declared and communicated to the Directorate of Education of GNCT of Delhi by 15.9.2018;,,,,,,
(v) A waiting list shall also be created in terms of the directions given on 11.4.2017.,,,,,,
It is further directed that on the receipt of such panel, offer of appointment shall be issued, action for medical and police verification for the selected",,,,,,
candidates initiated and posting order issued by the Directorate of Education on or before 31.10.2018. 'The Social Jurist's Application' (CM,,,,,,
32143/2017 ) stands disposed off in the said terms.,,,,,,
Coming to 'the Govt.'s Application', Mr. Singh, ld. Standing Counsel has strenuously contended that the order dated 27.9.2017 may be vacated",,,,,,
and/or be not continued further, at least, for the present academic session 2017-18, in view of the exigencies detailed and to which effect an affidavit",,,,,,
has also come to be filed. In view of the cause propounded for the relief prayed, the application is allowed to the said limited extent and the order",,,,,,
dated 27.9.2017 is relaxed/modified, to such limited extent only. 'The Govt.'s Application' (CM 38176/2017) stands disposed off accordingly.",,,,,,
As for 'the Intervenor's Application', the said application, in my considered view, is wholly misconceived, for two reasons. Firstly, the instant",,,,,,
proceedings are punitive in nature. Secondly, for any right accruing to the members of the intervenor, the intervenor should agitate such rights before",,,,,,
the right forum, in the first instance. 'The Interevenor's Application' (CM No. 34777/2017) is therefore, rejected.",,,,,,