Soha Kaustubh Samak v. Union Of India And ORS

$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1840/2025 SOHA KAUSTUBH SAMAK .....Petitioner Through:

Ms. Meenakshi Joshi and Mr. Ajit Dayal, Advocates.

versus UNION OF INDIA AND ORS .....Respondents Through:

Dr. B. Ramaswamy, CGSC.

Mr. Sandeep Kumar Mahapatra, CGSC with Ms. Mrinmayee Sahu, Mr.

Tribhuvan, Advocates with Major Anish Murlidhar.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 03.12.2025 1.

This hearing has been done through hybrid mode. CM APPL. 76064/2025(exemption) 2.

Allowed, subject to all just exceptions. This application is disposed of. CONT.CAS(C) 1840/2025 3.

The present petition under Sections 11 and 12 of the Contempt of Courts Acts, 1971 seeks the following prayers: - "a) Initiate contempt proceedings against the contemnor for wilfully and deliberately disobeying the judgement dated 29.10.2025 as passed by this Hon'ble Court in WP ( C) NO. 15093 OF 2025, TITLED AS " SOHA KAUSTUBH SAMAK VS UNION OF INDIA & ORS.

b) Pass any other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Learned counsel for the petitioner has informed the Court that post filing of the present petition, former i.e. Ms. Minakshi Joshi received an email from Integrated Headquarters MoD (Army), Adjutant General's Branch, Dte. Gen. Of Rtg TGC Entry, West Block-III, RK Puram, New Delhi-110066, wherein it has been stated as under: - "1.

Refer your notice dated 19 Nov 2025 with respect to implementation of Hon'ble Delhi High Court order dated 29 Oct 2025 in the above mentioned writ petitions 2.

The judgment was passed by the Hon'ble Delhi High court on 29 Oct 2025 and since SSCW(Tech)-36 course has already commenced on 29 Sep 2025 and candidates cannot be inducted in this course at this stage, the petitioners shall be considered for induction in the next course i.e. SSCW(T)-66 scheduled to commence in April, 2026 as per directions of the Hon'ble Court." 5.

Learned counsel for the respondents/ UOI, on instructions of Major Anish Murlidhar confirms the contents of the aforementioned Email and submits that the department stands by the statement made in the said Email. 6.

Vide judgment dated 29.10.2025 in W.P(C) 15093/2025 and other connected matters, learned Division Bench of this Court passed the following directions: - "12. In that view of the matter, as the issue is squarely covered, we allow all these writ petitions by directing that the petitioners would be entitled for being recruited as Short-Service Commissioned Officers against the unfilled male vacancies, as, given their merit position, they qualify for selection thereagainst.

13. Needless to say, however, the petitioners would have to qualify the requisite medical tests and other formalities.

14. We also note that, in our decision in Shruti Vyas, it was pointed out that the actual allocation of streams takes place after the training is complete. As we have done in Shruti Vyas, we clarify that the entitlement of the petitioners for deployment against the unfilled vacancies of men would be conditional on their being found suitable for deployment against the identifying corps and services The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

in paragraph 45 of Arshnoor Kaur."

7.

On a pointed query, it is stated by the learned counsel for the respondents that the petitioner shall be considered for induction in the next course i.e., SSCW(T)-66 which is scheduled to commence in April, 2026 as per the directions of this Court, however, the petitioners would have to qualify the requisite medical tests and other formalities. The aforesaid statement is taken on record and petition is disposed of with liberty to the petitioner to take appropriate steps, as available in law, in case of non-compliance. 8.

The present petition is disposed of accordingly. AMIT SHARMA, J DECEMBER 3, 2025/kr/sg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.