Lt.Col.Mohit Nayal v. Col. Kapil Sood,

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY CONTEMPT CASE No. 1948 and 1949 of 2018 COMMON ORDER:

These Contempt Cases are filed alleging violation of the order dated 11.07.2018, passed by this Court in IA.Nos.3 and 5 of 2015 in WP.No.17447 of 2018 wherein and whereby this Court directed the respondents to declare the results of the petitioner and basing on his merit allot a seat to the petitioner for research fellow-ship for the academic year 2018-2019/20, which will be subject to the orders of this Court.

The respondent filed counter affidavit stating that in pursuance to the order dated 11.07.2018 passed by this Court they have declared the result of the petitioner and basing on his merit he was allotted seat in National Maritime Foundation course (NMF course), Delhi, vide proceedings dated 13.07.2018; and that petitioner joined in the said course in September 2018, as such, there is no violation of the orders passed by this Court.

Learned counsel for the petitioner by relying on letter dated 27.04.2018 issued by the GOC-in-C Western Command and Colonel of the Brigade of the Guards, submits that petitioner was selected for the course of Centre for Land Warfare Studies (CLAWS), but whereas the petitioner was given seat in NMF course, as such there is violation of the orders passed by this Court.

This Court on 21.02.2019 directed the respondents to produce the record of Selection Committee.

Today, the respondents produced the records which shows that petitioner was selected for NMF course and other candidates selected for CLAWS in the same proceedings and that the petitioner's case was recommended for NMF course only.

Heard learned Assistant Solicitor General appearing for respondents.

In this case it is to be seen that the counsel for the petitioner vehemently submits that petitioner was selected for CLAWS basing on letter dated 27.04.2018. But the records produced before this Court goes to show otherwise.

In this regard, learned Assistant Solicitor General submits that the said letter is not signed and the persons who have addressed were not concerned with the selections.

This Court is not inclined to go into those aspects since the direction in the writ petition No.17447 of 2018 is only to declare the results of the petitioner and the respondents have already declared the results of the petitioner and petitioner also joined in the NMF course. In view of the same, I do not see any willful violation of the orders passed by this Court.

Accordingly, the Contempt Case is closed granting liberty to the petitioner to challenge proceedings allotting the seat in NMF course and denying the seat CLAWS, if he is so aggrieved. No order as to costs.

As a sequel to the disposal of this case, miscellaneous applications, if any, pending shall stand closed. __________________________ A.RAJASHEKER REDDY, J 27.03.2019 tk