Supreme Court - Daily Orders
Soni Kumari vs K Ravi Kumar on 16 October, 2023
Bench: Vikram Nath, Rajesh Bindal
1
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL/APPELLATE JURISDICTION
MISCELLANEOUS APPLICATION NO. OF 2023
(ARISING FROM DIARY NO.9234 OF 2023)
IN
CONTEMPT PETITION (CIVIL) NO.612 OF 2022
IN
CIVIL APPEAL NO. 4044 OF 2022
SONI KUMARI APPELLANT(S)
VERSUS
K. RAVI KUMAR & ORS. RESPONDENT(S)
WITH
MISCELLANEOUS APPLICATION NO. OF 2023
(ARISING FROM DIARY NO.30715 OF 2023)
IN
CONTEMPT PETITION (CIVIL) NO.612 OF 2022
IN
CIVIL APPEAL NO.4044 OF 2022
AND
CONTEMPT PETITION (C) NO. OF 2023
(ARISING FROM DIARY NO. 22772/2023
IN
CIVIL APPEAL NO.4044 OF 2022
AND
CONTEMPT PETITION (C) NO. OF 2023
(ARISING FROM DIARY NO. 31580/2023
IN
CONTEMPT PETITION (CIVIL) NO.612 OF 2022
IN
CIVIL APPEAL NO.4044 OF 2022
AND
Signature Not Verified MISCELLANEOUS APPLICATION NO. OF 2023
Digitally signed by
Neetu Khajuria
(ARISING FROM DIARY NO.41081 OF 2023)
IN
Date: 2023.10.19
16:59:08 IST
Reason:
CONTEMPT PETITION (CIVIL) NO.612 OF 2022
IN
CIVIL APPEAL NO.4044 OF 2022
2
O R D E R
Miscellaneous Application Diary No.9234/2023
1. Delay condoned.
2. This application is filed by five candidates, namely, Anil Kumar Maurya, Binod Kumar Sharma, Parvin Kumar Sharma, Vijay Kumar Sharma and Pramod Kumar Thakur.
3. Pravin Kumar Sharma and Promod Kumar Thakur have scored 130 and 118 marks respectively, which are lesser than the minimum qualifying marks, i.e., 152 marks. As such, their cases cannot be considered. To that extent, Mr. Salman Khurshid, learned senior counsel appearing for the applicants, also does not raise any issue.
4. With respect to the remaining three candidates, i.e., Anil Kumar Maurya (BC-II category), Binod Kumar Sharma (EBC-I category) and Vijay Kumar Sharma (EBC-I category), they have scored 178, 178 and 180 marks respectively. However, the cut-off marks in the concerned categories are 190, 206 and 206 respectively. As such their marks are lower than the minimum cut- off. Therefore, they could not come in the merit list.
3
5. Mr. Salman Khurshid, learned senior counsel, submitted that the cut-off marks, as indicated, do not mention as to whether they are cut-off marks of 425 candidates who were the original writ petitioners before the High Court or it is the cut off marks of the General State-wise list.
6. Mr. Anil Kumar Jha, learned counsel appearing for the Jharkhand State Staff Selection Commission, states that the cut-off marks indicated are of the General State-wise list.
7. In that view of the matter, we do not find any merit in the present miscellaneous application and the same is, accordingly, dismissed.
8. Pending interlocutory applications, including application(s) for impleadment, also stand disposed of.
Miscellaneous Application Diary No. 30715/2023
1. Delay condoned.
2. Permission to file Miscellaneous application is granted.
3. The claim of the applicant-Suman Devi is that she is entitled to be appointed as TGT Hindi teacher (in General category) as there are 70 4 seats of teachers lying vacant in Hindi subject.
4. Mr. Arunabh Chowdhury, learned Additional Advocate General appearing for the State of Jharkhand, states that the applicant-Suman Devi is ineligible for appointment as teacher in Hindi subject (in General category) as she has scored 216 marks whereas the cut-off and the last selected candidate in Hindi subject (in the General category) in the State-wise merit list is 236 marks.
5. In view of the above, as the applicant-Suman Devi has scored much less than the cut-off/last selected candidate, there is no question of giving appointment to her.
6. The Miscellaneous application is accordingly dismissed.
7. Pending interlocutory applications also stand disposed of.
Contempt Petition (C) Diary No. 22772/2023
1. Permission to file contempt petition is granted.
2. In the present case the applicant(s)/petitioner(s) had sought adjustment in the scheduled areas of district Ranchi as 5 teachers in the subject of History and Civics.
3. The statement given by Mr. Arunabh Chowdhury, learned Additional Advocate General, appearing for the State of Jharkhand, is to the effect that the applicant(s)/petitioner(s) herein cannot be given appointment in the scheduled district of Ranchi as no appointments were made in History and Civics subjects in the district of Ranchi during the pendency of the proceedings. As such, the appointments of History and Civics teachers in Ranchi have taken place only as per the State Merit List, as directed vide order dated 15.12.2022, implemented in May, 2023.
4. In the above circumstances, we do not find any reason to proceed further with this petition. It is, accordingly, disposed of in view of the statement given by the learned Additional Advocate General.
5. Pending interlocutory applications also stand disposed of.
Contempt Petition (C) Diary No.31580/2023
1. Permission to file contempt petition is granted.
2. The applicant(s)/petitioner(s) in the present 6 petition are applicants for recruitment of TGT in Urdu and Sanskrit subjects and were part of the original Writ Petitioners (425 in number) before the High Court. Their claim is for being appointed against the said posts.
3. Mr. Arunabh Chowdhury, learned Additional Advocate General appearing for the State of Jharkhand, submits that as per the marks, the applicant(s) may be there in the merit list, but the applicant(s)/petitioner(s) do not possess the essential qualifications as per the TGT Rules, 2015. According to Rule 9(i) of the TGT Rules, 2015, for subject teachers like Arabic, Urdu, Sanskrit and Persian, a post-graduate degree is essential.
4. Admittedly, the applicant(s)/petitioner(s) do not possess the post-graduation degree. As such, they cannot be appointed.
5. Mr. Jayant Sud, learned senior counsel appearing for the applicant(s)/petitioner(s), submits that the advertisement did not provide for any such qualification of post-graduation in the subject, therefore, the stand of the State is not correct.
7
6. He further submits that 400 teachers in the said subjects, who do not possess post-graduation degrees, have already been appointed. As such, the applicant(s)/petitioner(s) may also be given such appointments.
7. We cannot accept the submissions made by Mr. Jayant Sud, learned senior counsel for two reasons: Firstly, if the Rules provide a specific qualification, then the same is to be fulfilled. The advertisement cannot modify or reduce the qualifications mentioned in the Rules. Secondly, if some appointments have been made contrary to the Rules, it would be open to the applicant(s)/ petitioner(s) to point out the same before the appointing authority or challenge the same in the Court of law which shall be dealt with on its own merits.
8. In view of the above, the present petition/application being devoid of merits, is accordingly, dismissed.
9. Pending interlocutory applications, including application(s) for impleadment, also stand disposed of.
8Miscellaneous Application Diary No.41081/2023
1. Delay condoned.
2. Learned counsel for the applicants states that the directions issued by this Court have been complied with and the applicants have already been transferred to the scheduled Districts on 07.10.2023 and 09.10.2023.
3. In view of the above statement, nothing further survives for consideration in this application. Miscellaneous application and other pending application(s), including application(s) for impleadment, stand disposed of accordingly.
....................,J.
(VIKRAM NATH) ....................,J.
(RAJESH BINDAL)
NEW DELHI
OCTOBER 16, 2023
9
ITEM NO.38 COURT NO.12 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
MISCELLANEOUS APPLICATION Diary No(s). 9234/2023 (Arising out of impugned final judgment and order dated 15-12-2022 in CONMT.PET.(C) No. No. 612/2022 passed by the Supreme Court Of India) SONI KUMARI Petitioner(s) VERSUS K RAVI KUMAR & ORS. Respondent(s) (IA No. 86678/2023 - APPLICATION FOR PERMISSION, IA No. 47027/2023 – CLARIFICATION/DIRECTION, IA No. 137613/2023 - CONDONATION OF DELAY IN FILING, IA No. 198598/2023 - EXEMPTION FROM FILING O.T., IA No. 47029/2023 - EXEMPTION FROM FILING O.T. AND IA No. 67323/2023 - INTERVENTION/IMPLEADMENT) WITH Diary No(s). 30715/2023 (XVII) (IA No. 148435/2023 - APPLICATION FOR PERMISSION, IA No. 148437/2023 – CLARIFICATION/DIRECTION, IA No. 148434/2023 - CONDONATION OF DELAY IN FILING, IA No. 197285/2023 - EXEMPTION FROM FILING O.T.) Diary No(s). 30737/2023 (XVII) (IA No. 170954/2023 - APPLICATION FOR PERMISSION, IA No. 148527/2023 – CLARIFICATION/DIRECTION,IA No. 170958/2023 - CONDONATION OF DELAY IN FILING, IA No. 201881/2023 - EXEMPTION FROM FILING O.T.) Diary No(s). 22772/2023 (XVII) (IA No. 111459/2023 - APPLICATION FOR PERMISSION, IA No. 111457/2023 - EXEMPTION FROM FILING O.T.) Diary No(s). 31580/2023 (XVII) ( IA No. 152239/2023 - APPLICATION FOR PERMISSION AND IA No. 152236/2023 - EXEMPTION FROM FILING O.T.) Diary No(s). 35586/2023 (XVII) (IA No. 195418/2023 – CLARIFICATION/DIRECTION, IA No. 195425/2023 - CONDONATION OF DELAY IN FILING, IA No. 176175/2023 - EXEMPTION FROM FILING O.T.AND IA No. 176174/2023 - PERMISSION TO FILE APPLICATION FOR DIRECTION) Diary No(s). 12511/2023 (XVII) (IA No. 61232/2023 - APPLICATION FOR PERMISSION, IA No. 61233/2023 10
- APPROPRIATE ORDERS/DIRECTIONS, IA No. 198310/2023 - CONDONATION OF DELAY IN FILING AND IA No. 198276/2023 – INTERVENTION/ IMPLEADMENT) Diary No(s). 41081/2023 (XVII) (IA No. 206132/2023 - APPLICATION FOR PERMISSION, IA No. 205197/2023 – CLARIFICATION/DIRECTION, IA No. 206137/2023 - CONDONATION OF DELAY IN FILING, IA No. 205188/2023 - EXEMPTION FROM FILING O.T. AND IA No. 205187/2023 - INTERVENTION/IMPLEADMENT) Date : 16-10-2023 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr. Salman Khurshid, Sr. Adv.
Mr. Kamaran Mullick, Adv. Mr. Rajesh Kumar Pandey, Adv. Mr. Samir Verma, Adv.
Mr. Mobin Ullah, Adv.
Mr. Pushkar Anand, Adv. Mr. Anand Kumar Singh, Adv. Ms. Swati Setia, AOR Mr. Jayant Kumar Sud, Sr. Adv. Mr. Ravi Chandra Prakash, Adv. Mr. Purushottam Sharma Tripathi, Adv. Mr. Kartik Jasra, adv. Mr. Prannit Stefanoa, Adv. Mr. Shivam Nagpal, Adv. M/s Ravi Chandra Prakash & Co., AOR Dr. Rajiv Nanda,, Sr. Adv. Mr. Brajesh Pandey, Adv. Mr. Rajiv Kumar Ranjan, Adv. Mr. Manish Kumar Vicky, Adv. Mr. Kanchan Kumar Jha, Adv. Mr. Sandeep, Adv.
Mr. Anilendra Pandey, AOR Mr. Manish Tiwari , AOR Mr. Abhishek Chaubey, Adv. Mr. Rk Tanwar, Adv.
Mr. Govind Jee, Adv.
Mr. Omanakuttan K. K., AOR Mr. Rajesh Kumar Chaurasia, AOR Mr. Karan Tomar, Adv.
Mr. Hem Kumar, Adv.
Mr. Anurag Jain, Adv.
Mr. Onkar Prasad, Adv.11
Mrs. Soni, Adv.
Mr. Ranjeet Kumar, Adv. Mr. Lalit Allawadhi, Adv.
For Respondent(s) Mr. Arunabh Chowdhury, Sr. Adv.
Ms. Pallavi Langar, AOR Ms. Pragya Baghel, Adv. Mr. Karma Dorjee, Adv. Mr. Dechen, Adv.
Dr. Rajiv Nanda, Sr. Adv. Mr. Brajesh Pandey, Adv. Mr. Kanchan Kumar Jha, Adv. Mr. Anilendra Pandey, AOR Mr. Anil K. Jha, AOR Mrs. Alka Jha, Adv.
Mr. Mithilesh Kumar Singh, AOR Mrs. Manju Singh, Adv. Mr. Ashutosh Kumar Singh, Adv. Mr. Aditya Durgvanshi, Adv. Mr. Saumitra Singh, Adv.
Mr. Kabir Dixit, AOR Mr. Amit Agrawal, AOR Ms. Christi Jain, AOR Ms. Rohini Prasad, AOR Ms. Shomila Bakshi, AOR Mr. Gaurav Prakash Pathak, Adv. Mr. Nishant Kumar, AOR Mr. Anup Kumar, AOR Mr. Govind Jee, Adv.
Mr. Omanakuttan K. K., AOR Mr. Mukesh Kumar Singh, Adv. Mr. Vineet Singh, Adv. Mr. Narendra Kumar Goyal, Adv. Mr. Ikshit Singhal, Adv. Ms. Km. Reena, Adv.
Ms. Saba, Adv.
Mr. C M Dwivedi, Adv.
Mr. Vipin Sandu, Adv.
Mr. J S Maratha, Adv.
Mr. Rahul Maratha, Adv.12
Mr. K Venkateshwara Prasad, Adv. M/S. Mukesh Kumar Singh And Co., AOR Mr. Akshat Shrivastava, AOR Ms. Shomila Bakshi, AOR Mr. Amit, AOR Ms. Aditi Tripathi, AOR Mr. Sameer Shrivastava, AOR Mr. Rakesh Mishra, AOR Mr. Alok Kumar Pandey, Adv. Ms. Kiran Pandey, Adv. Ms. Nishu Gupta, Adv.
Mr. D.N. Dubey, Adv.
Dr. Vinod Kumar Tewari, AOR M/S. M/s Ravi Chandra Prakash & Co., AOR Mr. Satyajeet Kumar, AOR Mr. Dipesh Sinha, AOR Ms. Anwesha Saha, AOR UPON hearing the counsel the Court made the following O R D E R Diary No(s). 9234/2023, 30715/2023, 22772/2023, 31580/2023 and Diary No(s). 41081/2023 Delay condoned.
Permission to file Miscellaneous Application(s)/Contempt Petition(s) are granted.
These matters stand dismissed/disposed of in terms of the signed order.
Pending interlocutory applications, including application(s) for impleadment, also stand disposed of.13
Diary No(s). 30737/2023, 35586/2023 and 12511/2023 List these matters on Friday, i.e., 20.10.2023.
(NEETU KHAJURIA) (RANJANA SHAILEY) ASTT. REGISTRAR-cum-PS COURT MASTER (Signed order is placed on the file.)