Delhi High Court - Orders
Delhi Equality Forum (Regd) vs Vijay Dev , Chief Secretary (Delhi) & Anr on 16 April, 2026
Author: Amit Sharma
Bench: Amit Sharma
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 347/2019
DELHI EQUALITY FORUM (REGD) .....Petitioner
Through: Mr. Pardeep Kumar and Ms.
Sanskriti, Advocates.
versus
VIJAY DEV , CHIEF SECRETARY (DELHI) & ANR
.....Respondents
Through: Mrs. Avnish Ahlawat, SC with Mrs.
Tania Ahlawat, Mr. Nitesh Kumar
Singh, Ms. Aliza Alam and Mr.
Mohnish Sehrawat, Advocates.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 16.04.2026
1. This hearing has been done through hybrid mode.
2. The present petition under Sections 11 and 12 of the Contempt of Courts Act, 1971, seeks the following prayers: -
"a. Take cognizance, initiate contempt proceedings against the Respondents/Contemnors in accordance with law, under the provisions of Contempt of Courts Act, 1971 for wilfully and intentionally disobeying the Judgment/order of this Hon'ble Court as passed on 23.08.2017 In Writ Petition (Civil) No. 3490/2010 [Annexure P-1]; and b. Punish the Respondents/Contemnors for committing wilful contempt of this Hon'ble Court, under section '11' and '12' of The Contempt Of Courts Act, 1971', and c. Direct the Respondent/Contemnor to forthwith fully comply with the Page 1 of 10 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/04/2026 at 21:58:15 orders of this Hon'ble Court as passed In Writ Petition (Civil) no. 3490/2010 [Annexure P-1]: and d. Costs of this Petition may also be recovered from the respondents and granted to the Petitioner herein;
e. Grant to the Petitioners any other or further relief, which this Hon'ble Court may deem fit and proper, in the facts and circumstances of the present case."
3. The present petition has been filed alleging wilful disobedience and non-compliance of directions given vide judgment dated 23.08.2017 by the learned Division Bench of this Court in W.P. (C) 3490/2010. The said writ petition was filed by All India Equality Forum, Sh. A.K. Sinha and Sh. Jagmohan Singh, inter alia, challenging the Officer Memorandum (OM) No. 36012/18/95-Estt./(RES) Pt.II dated 13.08.1997, issued by the Department of Personnel & Training (DoPT). The said OM reads as under: -
"The undersigned is directed to invite attention to the Department's O.M. No.36012/36.93 Estt., (SCT) dated 19.08.1993 clarifying that the Supreme Court had, in the Indira Sawhney case, permitted the reservation for the scheduled Castes and Scheduled Tribes, in promotion to continue for a period of five years from 16.11.1992.
Consequent to the judgment in Indira Sawhney's case, the Constitution was amended by the Constitution (Seventy Seventh Amendment) Act, 1995 and Article 16(4A) was incorporated in the Constitution. The Article enables the State to provide for reservation, in matters of promotion, which in favour of the Scheduled Castes and the Scheduled Tribes, which in the opinion of the State are not adequately represented in the services under the State.
In pursuance of Article 16(4A), it has been decided to continue the reservation in promotion as at present, for the Scheduled Castes and the Scheduled Tribes in the service posts under the Central Government beyond 15.11.1997 till such time as the representation of each of the above two categories in each reaches the prescribed Page 2 of 10 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/04/2026 at 21:58:15 percentage of reservation where after the reservation in promotion shall continue to maintain the representation to the extent of prescribed percentages for the respective categories.
All Ministers Departments are requested to urgently bring these instructions to the notice of all their attached subordinate offices as also the public Sector Undertaking and Statutory Bodies etc."
4. The learned Division Bench, while disposing of the aforesaid writ petition, vide judgment dated 23.08.2017 had passed the following directions:
-
"13 As has already been noticed hereinabove, the counter affidavit, filed in the present proceedings on behalf of Respondents 2 to 4, does not disclose that the requisite exercise, collecting quantifiable data and determining the aspects of backwardness, inadequacy of representation and overall efficiency of the administration, was ever undertaken before blindly extending, beyond 15th December, 1997, the provision for reservation, in promotion, favouring SCs and STs. The 77th Amendment to the Constitution, and sub-article (4A), which was inserted in Article 16 thereby, were obviously taken as providing a carte blanche to the Government to extend the provisions of reservation for SCs and STs beyond the period of 5 years stipulated in Indra Sawhney (supra). As Nagaraj (supra), and the decisions following thereupon show us, however, that is not the case. Any reservation (as also consequential seniority) extended to SCs and STs, without, in the first instance, conducting the requisite exercise of garnering quantifiable data, indicating inadequate representation, and juxtaposing, they're against, the considerations of backwardness and overall efficiency of administration, would necessarily infract Articles 16 (1) and 335 of the Constitution of India and, consequently, be liable to be quashed.
14 The impugned OM dated 13th August 1997, issued by the DOPT cannot, therefore, sustain in view of the law laid down in the decisions already cited hereinabove.
15 Resultantly, prayers (a) and (c), in the writ petition, succeed. The impugned Office Memorandum No 36012/18/95-Estt. (Res) Pt. II, Page 3 of 10 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/04/2026 at 21:58:15 dated 13th August, 1997, issued by the DOPT, is quashed and set aside. The respondents are restrained from granting any reservation, in promotion, to Scheduled Castes or Scheduled Tribes, in exercise of the power conferred by Article 16 (4A) of the Constitution of India, without, in the first instance, carrying out the necessary preliminary exercise of acquiring quantifiable data indicating inadequacy of representation, of the said categories, in service, and evaluating the situation by taking into consideration the said data, along with the competing considerations of backwardness and overall efficiency in administration, and arriving at an empirical decision on the basis thereof.
16 Prayer (b) in the writ petition, to the extent it exhorts this court to quash all promotions made in pursuance of the impugned OM dated 13th August 1997, would stand satisified by the interim order, stated to have been passed by the Supreme Court, in, inter alia, WP (C) 413 of 1997 filed by the petitioner, to the effect that all promotions made would be subject to the outcome of the challenge laid by the petitioners in the instant case. No further orders would, therefore, require to be passed, by us, regarding prayer (b), which would, consequently, also stand allowed, to the extent that all promotions effected on the basis of the impugned OM, dated 13th August, 1997, would stand quashed.
17 The further prayer, forming the latter part of prayer (b) in the writ petition, that "the employees of general category be given benefit of promotion retrospectively from the date reserved category employees were promoted illegally" cannot, however, be granted, for the simple reason that promotion may be dependent on a variety of factors, including seniority, eligibility, qualifying service, availability of vacancies, application of the quota-rota principle, and the like, and, in the absence of any specific prayer qua any specific post, an omnibus direction, to promote all "employees of general category", retrospectively, "from the date reserved category employees were promoted illegally", cannot possibly be issued. All that we can say, on this prayer of the petitioner, is that, if, consequent on this judgement, any general category employee becomes entitled to promotion against a post against which an SC or ST candidate was promoted on the basis of the impugned OM dated 13th August 1997, it shall be open to such general category candidate/candidates to represent to the concerned administrative authorities, or to independently seek her, or his, Page 4 of 10 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/04/2026 at 21:58:15 judicial remedies in that regard. Liberty, to the said extent is, therefore, granted.
18 The writ petition is disposed of, in the above terms."
5. It is the case of the petitioners that the respondents, in violation of the aforesaid judgment dated 23.08.2017, on 24.12.2018 had issued an order bearing No. F.55/18/2018/S-I, thereby promoting 145 general/unreserved candidates to the post of Grade 1 (DASS)/Section Officer, in the pay matrix of level-8, i.e., INR 47,600/- - INR 1,51,100/-, on ad-hoc basis, for a period of six months, or until further orders, whichever is earlier.
6. On 02.09.2025, the learned Predecessor Bench of this Court had passed the following order: -
"1. A perusal of the record reveals that the order dated 23.08.2017, qua violation whereof the present contempt petition has been filed, was passed by this Court in W.P.(C) 3490/2010, wherein the petitioners were (1) All India Equality Forum, (2) Sh. A.K. Sinha and (3) Sh. Jagmohan Singh, however, the present contempt petition, on the other hand, has been filed by the Delhi Equality Forum (Regd.) and one Mr. Deepak Bharadwaj, who were not parties in the said W.P.(C) 3490/2010.
2. Learned proxy counsel appearing of the petitioner through video conferencing seeks, and is granted, a period of four weeks for addressing arguments on the maintainability of the present petition.
3. Renotify on 14.01.2026."
7. The present petition was listed before this Court on 14.01.2026, and it was pointed out that the present petitioners had preferred an Original Application (OA) before the learned Central Administrative Tribunal, and had assailed the aforesaid order bearing No. F.55/18/2018/S-I dated 24.12.2018, and this Court, after taking note of the same on 14.01.2026, had directed as Page 5 of 10 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/04/2026 at 21:58:15 under: -
"2. Learned counsel appearing on behalf of the petitioner seeks time to place on record the copy of the O.A. preferred on behalf of the petitioner before the learned Central Administrative Tribunal. Let the same be done before the next date of hearing.
3. In the meantime, a comprehensive affidavit be placed on record on behalf of the respondents, before the next date of hearing.
4. List on 16.04.2026."
8. In compliance thereof, learned counsel for the petitioners had placed on record a copy of the OA No. 324/2019, titled as "Deepak Bharadwaj and Anr. v. Government of N.C.T. Delhi & Ors." which is pending adjudication before the learned Central Administrative Tribunal, Principal Bench, New Delhi. The reliefs, as sought in the said OA, are reproduced as under: -
"8. RELIEFS SOUGHT:
In view of the facts and circumstances mentioned above, the Applicants pray for the following reliefs:
a Quashing and Setting aside of Services Department, Government of N.C.T. Delhi order no. F.55 / 18 / 2018/S-I/ dated 24.12.2018 [Annexure A-1] to the extent it orders promotion of Respondent no. 4 to 35 to the post of Grade. I (DASS)/Section Officer;
b Quashing and Setting aside of 'Services' communication no. F.16 (3)(e)/DSSSB/2017/S-III/44-51 dated 07.01.2019 [Annexure A-13];
c Directing respondents to forthwith issue order granting, to the Applicants with effect from 24.12.2018/earlier date from which post of Grade. I (DASS)/Section Officer are lying vacant, promotions to the post of Grade. I (DASS) Section Officer, in the pay matrix level- 8 of Rs. 47600-151100 with arrears, along with interest @ 9 % per annum;
Page 6 of 10This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/04/2026 at 21:58:15 d Any other or further order or direction to grant complete relief to the Applicants.
9. INTERIM ORDER, IF ANY PRAYED FOR:
Pending final decision on the application, the Applicants seeks the following interim reliefs:
a. Directing Respondents to incorporate a clause in appointment/promotion orders of Respondent no. 4 to 35 that their appointment/promotion to the post of Grade. I (DASS)/Section Officer' shall be subject to the outcome of the present Original Application;
b. Any other or further order or direction to grant complete relief to the Applicants."
9. In compliance with the aforesaid order dated 14.01.2026 passed by this Court, learned counsel appearing on behalf of the respondents has handed up in Court today, an affidavit dated 15.04.2026 authored by Mr. Jitendra Kumar Arora, Dy. Secretary (Services), and the same is taken on record. The relevant portion of the said affidavit reads as under: -
"3. That Petitioner No.2 has filed an OA 324 of 2019, Deepak Bhardwaj vs. GNCTD & Ors. before the Central Administrative Tribunal praying for the following reliefs which petition is pending disposal before the Hon'ble Tribunal, wherein the Petitioner relying upon the judgment in the matter of All India Equality Forum & Ors. vs. Union of India has sought following reliefs:
"a. Quashing and Setting aside of Services Department, Government of N.C.T. Delhi order no . F.55/18/2018/S-I/ dated 24.12.2018 [Annexure A-1] to the extent it orders promotion of Respondent no. 4 to 35 to the post of Grade. I (DASS)/Section Officer; b. Quashing and Setting aside of 'Services' communication no. F.16(3)(e)/DSSSB/2017/S-III/44-51 Page 7 of 10 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/04/2026 at 21:58:15 dated 07.01.2019 [Annexure A 13];
c. Directing respondents to forthwith issue order granting, to the Applicants with effect from 24.12.2018 earlier date from which post of Grade- I (DASS) / Section Officer are lying vacant promotions to the post of Grade. (DASS) Section Officer, in the pay matrix level-8 of Rs. 47600-151100 with arrears, along with interest @9% per annum;
d. Any other or further order or direction to grant complete relief to the Applicants."
Copy of the OA filed before the Central Administrative Tribunal by Deepak Bhardwaj is enclosed as Annexure R-13.
4. That one of the grounds raised in the above-mentioned OA, Ground B reads as follows:
"Because he orders, decision, action and conduct more particularly issuance of order no.F.55/18/2018/S-I/ dated 24,12.2018 by the 'Service' to the extent it out of turn, contrary ta settled law, rules promotes members of SC to the post of Grade 1 DASS)/SO, is n utter violation to the law settled by the Constitution Bench decisions in M. Nagaraj & Ors. Vs Union of India & Others (2006) 8 SCC 212 and Jarnail Singh and Others Vs Lachchmi Narain Gupta and others in Special Leave Petition (Civil) no. 30621/2011 and batch vide judgment dated 26.09.2018 and All India Equality Forum & Others Vs Union of India through its Secretary & Others' W.P.(C) no.3490/2010 DHC DOJ: 23.08.2017".
5. That in view of the fact that in the OA before the Central Administrative Tribunal, Petitioner No.2 is claiming relief relying upon the judgment passed in All India Equality Forum dated 23.08.2017, the question of his filing a contempt petition does not arise. It is an abuse of the process of the Court. The judgment passed by this Hon'ble Court has been challenged by Union of India before Hon'ble Supreme Court of India where in batch of petitions are being heard togethers and the directions issued by Hon'ble Supreme Court of India in these matters are being followed. The first O.M. issued by DOPT on 15.06.2018 after the Page 8 of 10 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/04/2026 at 21:58:15 directions of Hon'ble Supreme Court is already annexed as Annexure R-04.
6. That a detailed reply affidavit has been already filed in the present contempt petition by Dy. Secretary (Services) wherein it is clearly pointed out that after the judgment passed by this Hon'ble Court on 23.08.2017, the GNCTD is following the directions issued by the Union of India from time to time and as per OMs issued by DOPT for making promotions.
7. That any person if aggrieved by an order, not granting him promotion or has a grievance against the other officers who have been granted promotion, the same cannot be agitated in a contempt petition as there is no disobedience of order passed by the Hon'ble Court on 23.08.2017."
10. Perusal of the record would reflect that the petitioners herein were not parties in the subject writ petition, W.P.(C) 3490/2010, wherein directions were passed by the learned Division Bench vide judgment dated 23.08.2017, for which compliance has been sought in the present petition. Even if the said judgment is considered to be given in rem, it has come on record that the petitioners herein had already approached the learned Central Administrative Tribunal, challenging the order dated 24.12.2018 bearing No. F.55/18/2018/S-I seeking the reliefs, as noted hereinbefore, by way of an OA. The said fact has not been mentioned in the present petition. In these circumstances, this Court is of the opinion that the issues sought to be raised in the present petition substantially overlaps with the issues pending before the learned Central Administrative Tribunal in OA No.324/2019, as said OA has been filed being aggrieved by order dated 24.12.2018 which constituted a separate cause of action for the petitioners herein.
11. In view of the above, this Court is of the considered opinion that initiation of proceedings under the Contempt of Courts Act, 1971, are not Page 9 of 10 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/04/2026 at 21:58:15 warranted and the present petition is accordingly dismissed and disposed of.
12. It is clarified that this Court has not given any opinion on the merits of the contentions raised on behalf of the petitioners.
13. Order be uploaded on the website of this Court, forthwith.
AMIT SHARMA, J APRIL 16, 2026/bsr/db Page 10 of 10 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/04/2026 at 21:58:15