Karnataka High Court
Dr Raviraj M vs Sri S R Umashankar on 16 January, 2024
Bench: Chief Justice, Krishna S Dixit
-1-
NC: 2024:KHC:1900-DB
CCC No. 1026 of 2023
C/W CCC No. 233 of 2022
CCC No. 866 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JANUARY, 2024
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
CIVIL CONTEMPT PETITION NO. 1026 OF 2023
C/W
CIVIL CONTEMPT PETITION NO. 233 OF 2022
CIVIL CONTEMPT PETITION NO. 866 OF 2023
IN CCC No.1026/2023:
BETWEEN:
1. SRI. NAGANNA SHANKAR SOLLAPURE,
S/O SHANKAR SOLLAPURE,
AGED ABOUT45 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF ELECTRONICS AND
COMMUNICATION ENGINEERING,
Digitally GOVERNMENT ENGINEERING COLLEGE, TALAKAL,
signed by
CHETAN B C KOPPAL DISTRICT - 583 238.
Location: R/A NO. 1-11-19/06/24
HIGH COURT MANASA PLAZA, M.R.S.COLONY,
OF RAMPUR ROAD, RAICHUR - 584 101.
KARNATAKA
2. SMT. SUREKHA V,
D/O N.R. VERABHADRAIAH,
AGED ABOUT 56 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF CSE,
GOVERNMENT ENGINEERING COLLEGE,
CHAMARAJANAGAR,
R/A DOOR NO. 24/1, T3, THIRD FLOOR,
PRATHAM JAYALAKSHMI APARTMENT,
JAYALAKSHMIPURAM, MYSORE - 570 002.
-2-
NC: 2024:KHC:1900-DB
CCC No. 1026 of 2023
C/W CCC No. 233 of 2022
CCC No. 866 of 2023
3. SRI. DHULAPPA CHAVUAN,
S/O LOKU CHAVAN,
AGED ABOUT 48 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF CSE,
GOVERNMENT ENGINEERING COLLEGE,
MAJALI POST, KARWAR - 581 345.
R/A NO. 87, 2ND CROSS, SHREYA NILAYA,
SIDDAROOD COLONY, HAVERI - 581 110.
4. SRI. D. PRITHVIRAJ,
S/O LATE D. GOPALANAYAK,
AGED ABOUT 50 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF ECE,
GOVERNMENT ENGINEERING COLLEGE,
HAVERI - 581 110.
5. DR. VAHINI M,
D/O LATE M MUKUNDA,
AGED ABOUT 43 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING,
GOVERNMENT ENGINEERING COLLEGE,
HAVERI - 581 110.
R/A C/O JANARDHAN K S,
BEHIND TELEPHONE EXCHANGE,
TURUVANUR, CHITRADURGA - 577 517.
6. SRI. RENUKASWAMY G SHIVAKUMAR,
S/O G SHIVAKUMAR M.,
AGED ABOUT 56 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING,
GOVERNMENT ENGINEERING COLLEGE,
RAICHUR - 584 135.
UNDER DEPUTATION TO:
GOVT. ENGINEERING COLLEGE,
GANGAVATHI,
R/A NO. M-108, NIJALINGAPPA COLONY,
RAICHUR - 584 101.
-3-
NC: 2024:KHC:1900-DB
CCC No. 1026 of 2023
C/W CCC No. 233 of 2022
CCC No. 866 of 2023
7. SRI. SIDDANA GOWDA,
S/O SHANTHA GOWDA DODDAMANI,
AGED ABOUT 56 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING ,
GOVERNMENT ENGINEERING COLLEGE,
GANGAVATHI - 583 227.
R/A NO.1-11-262, OPP GANESH TEMPLE,
NIJALINGAPPA COLONY, RAICHUR - 584 101.
8. SRI. VEERESH,
S/O VISHWANATH,
AGED ABOUT 53 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF COMPUTER SCIENCE
AND ENGINEERING,
GOVERNMENT ENGINEERING COLLEGE,
TALAKAL, KOPPAL DISTRICT - 583 238.
R/A NO. 4-4-401/28,
GULBARGA BUILDERS LAYOUT,
OPP. NAVODAYA MEDICAL COLLEGE,
RAICHUR - 584101.
9. SRI. DEVENDRA HANCHE,
S/O SHANKARAPPA,
AGED ABOUT 53 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING,,
GOVERNMENT ENGINEERING COLLEGE,
RAICHUR - 584 103.
R/AT PLOT NO. 15, KEERTHI KUNJ,
SEDAM ROAD, JAYANAGAR, KALBURGI - 585 105.
10. SRI. R KARIBASAPPA,
S/O RANGAPPA,
AGED ABOUT 49 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF ECE,
GOVERNMENT ENGINEERING COLLEGE,
RAMANAGARA - 562 159.
R/A NO.40, AMMA NILAYA, 1ST FLOOR,
2ND CROSS, PREEETHI LAYOUT, BOGADI POST,
MYSURU - 570 026.
-4-
NC: 2024:KHC:1900-DB
CCC No. 1026 of 2023
C/W CCC No. 233 of 2022
CCC No. 866 of 2023
11. DR. VASANTH KUMAR H.S.
S/O LATE SEENA NAIK,
AGED ABOUT 46 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF MECHANICAL ENGINEERING,
GOVERNMENT ENGINEERING COLLEGE,
KARWAR - 581 345.
R/A ESHWAR NILAYA, HASTHINAPURA
SAKHARAYAPATANA POST, KADUR TALUK,
CHIKMAGALUR DISTRICT - 577 135.
12. DR. SHASHIKALA PARAMESHWARAPPA,
W/O KUMAR GOUDA,
D/O PARAMESHWARAPPA
AGED ABOUT 56 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF CSE,
GOVERNMENT ENGINEERING COLLEGE, RAICHUR
R/A PLOT NO.11, NGOS COLONY, NEAR OKALY
CAMP, SEDAM ROAD, KALABURAGI - 585 105.
13. SMT. N.S. SHYLAJA,
D/O SIDDAIAH N.S.
AGED ABOUT 47 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF CSE,
GOVERNMENT ENGINEERING COLLEGE,
DAIRY CIRCLE, HASSAN - 573 201.
R/A NO. KL-826, 1ST CROSS,
MARIGOWDA EXTENSION, MANDYA - 571 401.
14. SMT. SARASWATI,
W/O M HEMANTH,
AGED ABOUT 51 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF ECE,
GOVERNMENT SKSJTI, BANGALORE.
R/A NO. 865, RAJATADRI, MC LAYOUT,
5TH MAIN, 4TH CROSS, HOSAHALLI,
NEAR SHRI BALAGANGADHARANATH
SWAMIJI METRO STATION, HOSAHALLI,
BENGALURU - 560 001.
-5-
NC: 2024:KHC:1900-DB
CCC No. 1026 of 2023
C/W CCC No. 233 of 2022
CCC No. 866 of 2023
15. SMT. REKHA R S W/O R MOHAN,
AGED ABOUT 47 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF ECE,
GOVERNMENT ENGINEERING COLLEGE,
NANJANGUD ROAD, BEDARAPURA POST,
CHAMARAJANAGARA - 571313.
R/A NO. 693/C, 28TH MAIN, 2ND STAGE,
J.P.NAGAR, MYSURU - 570 031.
16. SMT. CHAYA K W/O KANTHARAJ B H.,
AGED ABOUT 44 YEARS,
ASSOCIATE PROFESSOR, DEPARTMENT OF CSE,
GOVERNMENT ENGINEERING COLLEGE,
CHAMARAJANAGAR - 571 313.
R/A NO. 138, 1ST MAIN ROAD,
PRASHANTH NAGARA,
BANGALORE - 560 079.
17. SMT. VANAJAKSHI N M W/O T R SIDDARAJU,
AGED ABOUT 50 YEARS
ASSOCIATE PROFESSOR,
DEPARTMENT OF ECE,
GOVERNMENT ENGINEERING COLLEGE,
CHAMARAJANAGAR - 571 313.
R/A NMO.20, 8TH BLOCK,
OPP. BRIGHT HOUSE APARTMENT,
SOMANATHANAGARA, MYSURU - 570 022.
18. SMT. MANJULA T.R.,
W/O LATE RAVINDRA KUMAR G,
AGED ABOUT 51 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF CIVIL ENGINEERING,
GOVERNMENT ENGINEERING COLLEGE,
CHAMARAJANAGARA - 571 313.
R/A NO. 1955, 12TH CROSS,
1ST MAIN ROAD, NEAR CLUB ROAD,
VIJAYANAGAR 2ND STAGE,
BANGALORE - 560 040.
...COMPLAINANTS
(BY SMT. VAISHALI HEGDE.,ADVOCATE)
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NC: 2024:KHC:1900-DB
CCC No. 1026 of 2023
C/W CCC No. 233 of 2022
CCC No. 866 of 2023
AND:
1. SRI. S R UMASHANKAR,
PRINCIPAL SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
M.S.BUILDING, 2ND GATE, 6TH FLOOR,
DR. AMBEDKAR VEEDHI,
BANGALORE - 560 001.
2. DR. K.G. CHANDRASHEKARA,
THE DIRECTOR,
DEPARTMENT OF TECHNICAL EDUCATION,
TANTRIKA SHIKSHANA BHAVANA,
PALACE ROAD,
BANGALORE - 560 001.
3. STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF EDUCATION,
M.S.BUILDING,
DR AMBEDKAR VEEDHI,
BANGALORE - 560 001.
...ACCUSED
(BY SRI.DEVRAJ ASHOK., HCGP)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, PRAYING TO INITIATE CONTEMPT
OF COURT PROCEEDINGS AGAINST THE ACCUSED FOR
WILLFUL DISOBEDIENCE OF THE ORDER OF HONBLE HIGH
COURT OF KARNATAKA DATED 18.2.2016 PASSED IN WP
NO.51205-51252/2015 C/W WP NO.51256-51271/2015 AND
WP NO.16765-16766/2015 VIDE ANNEXURE-A AND AFFIRMED
IN SLP NO.5495-5572/2017 BY ORDER DATED 28.1.2020 VIDE
ANNEXURE-C.
-7-
NC: 2024:KHC:1900-DB
CCC No. 1026 of 2023
C/W CCC No. 233 of 2022
CCC No. 866 of 2023
IN CCC No.233/2022:
BETWEEN:
SMT. GNANESHWARI G R,
W/O G RAMESH,
AGED ABOUT 42 YEARS,
ASSISTANT PROFESSOR (GROUP-A)
GOVERNMENT ENGINEERING COLLEGE,
GANGAVATHI,
R/AT PLOT NO.311, SLV PARADISE,
4TH MAIN, VINAYAKA NAGAR,
BAGALUR CROSS, YELAHANKA,
BENGALURU-560 054.
...COMPLAINANT
(BY SMT.ANANDITA SRINIVASAN., ADVOCATE FOR
SRI.R PRABHAKAR., ADVOCATE)
AND:
1. SMT. RASHMI MAHESH,
PRINCIPAL SECRETARY TO
STATE OF KARNATAKA GOVERNMENT
HIGHER EDUCATION DEPARTMENT,
M S BUILDING, AMBEDKAR VEEDHI,
BENGALURU-560 001.
2. SHRI. PRADEEP P,
THE COMMISSIONER,
DIRECTOR OF TECHNICAL EDUCATION,
PALACE ROAD, BENGALURU-560 001.
3. SRI. N RAVICHANDRAN,
THE DIRECTOR OF TECHNICAL EDUCATION,
PALACE ROAD, BENGALURU-560 001.
4. SRI. R. NARESH,
THE ACCOUNTANT GENERAL OF KARNATAKA,
(A & E), PARK HOUSE,
BENGALURU - 560 001.
-8-
NC: 2024:KHC:1900-DB
CCC No. 1026 of 2023
C/W CCC No. 233 of 2022
CCC No. 866 of 2023
5. THE STATE OF KARNATAKA,
REPRESENTED BY ITS
PRINCIPAL SECRETARY TO GOVERNMENT
HIGHER EDUCATION DEPARTMENT
M.S BUILDING, AMBEDKAR VEEDHI,
BENGALURU - 560 001.
...ACCUSED
(BY SRI.DEVRAJ ASHOK., HCGP)
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, R/W ARTICLE 215 OF THE
CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT
OF COURT PROCEEDINGS AGAINST THE ACCUSED HEREIN
AND PUNISH THEM FOR WILLFUL DISOBEDIENCE OF THIS
HON'BLE COURT ORDER DATED 18.02.2016 MADE IN WP
NO.51205-51252/2015 (S-RES) ANNEXURE-A.
IN CCC No.866/2023:
BETWEEN:
1 . DR RAVIRAJ M,
S/O SRI. M H SUNKAPUR,
AGED ABOUT 46 YEARS,
ASSOCIATE PROFESSOR
DEPARTMENT OF MECHANICAL ENGINEERING,
GOVERNMENT OF ENGINEERING COLLEGE,
CHAMARAJANAGAR.
R/AT NO. 536, SHRI. KALKI, 25TH MAIN ,
2ND STAGE, J P NAGAR, MYSORE 570 008.
2 . SRI. SRIDHAR M K,
S/O SRI. M V KRISHNANAPPA,
AGED ABOUT 55 YEARS,
ASSOCIATE PROFESSOR
DEPARTMENT OF CIVIL ENGINEERING,
GOVERNMENT ENGINEERING COLLEGE,
CHAMARARJANAGAR.
R/AT NO. 254/B, 4TH MAIN,
RAMAKRISHNAGAR, MYSORE 570 022.
-9-
NC: 2024:KHC:1900-DB
CCC No. 1026 of 2023
C/W CCC No. 233 of 2022
CCC No. 866 of 2023
3 . DR. SHIVANAND
S/O PANCHAYYASWAMY,
AGED ABOUT 53 YEARS,
ASSOCIATE PROFESSOR ,
DEPARTMENT OF MECHANICAL ENGINEERING,
GOVERNMENT ENGINEERING COLLEGE, RAICHUR
R/AT NO. 1-8-75,BRAHMINAVADI STATION AREA,
RAICHUR.
4 . SMT. BHUVANESHWARI
ALIAS SUNITA KULKARNI,
W/O SRI. ANIL G DESHPANDE,
AGED ABOUT 55 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF MECHANICAL ENGINEERING
GOVERNMENT ENGINEERING GOVERNMENT
HOOVINAHADAGALI,
R/AT NO. 250/A, SHIVANGANGA NILAYA,
HOOVINAHADAGALI,
NEAR SOCIAL WELFARE OFFICE
BASAVESHWAR NAGARA HOADAGALI
BALLARI 583 219.
5 . DR. G M FARUKH AHMED,
C/O MEHABOOB ALI,
AGED ABOUT 52 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF MECHANICAL ENGINEERING,
GOVERNMENT OF ENGINEERING COLLEGE,
HOOVINAHADAGALI,
R/AT NO. 750, 19th WARD,
NEAR MALLIGE SCHOOL RAMASWAMY FLAT,
HADAGALI, BALLARI 583 219.
6 . SRI. BASAVARJ HUNASHYAL,
S/O BHIMANNA ,
AGED ABOUT 55 YEARS,
ASSOCIATE PROFESSOR
DEPARTMENT OF CIVIL ENGINEERING
GOVERNMENT OF ENGINEERING COLLEGE,
DEVAGIRI, HAVERI,
R/AT ASHWININAGAR, HAVERI.
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NC: 2024:KHC:1900-DB
CCC No. 1026 of 2023
C/W CCC No. 233 of 2022
CCC No. 866 of 2023
7 . DR. SHANKARA NAIK,
S/.O SRI. BHEEEMA NAIK,
AGED ABOUT 46 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF MECHANICAL ENGINEERING
GOVERNMENT ENGINEERING COLLEGE,
DEVAGIRI, HAVERI 581 110.
R/A SHANKARANAHALLI, ARASIKERE (RURAL)
HASSAN 573 103.
8 . SRI. KRISHNANANDA L,
C/O B.R LAKSHMINARAYANA
AGED ABOUT 49 YEARS,
ASSOCIATE PROFESSOR,
DEPARTMENT OF SKSJTI,
K.R CIRCLE, BANGALORE 560 001.
R/AT NO. 164, GROUND FLOOR,
18TH CROSS, M. C LAYOUT, VIJAYANAGAR,
BANGALORE NORTH, BANGALORE 560 040.
9 . DR. MANOJ KRISHNA K V
S/O LATE K VENKOBA RAO,
AGED ABOUT 45 YEARS,
ASSOCIATE PROFESSOR,
GOVERNMENT OF SKSJTI,
K.R CIRCLE, BANGALORE
R/AT NO. 132, SGSM NILAYA,
GROUND FLOOR, MAHAVEER GALAXY
KODIPALYA, KENGERI,
BANGALORE 560 060.
...COMPLAINANTS
(BY SMT.VAISHALI HEGDE., ADVOCATE)
AND:
1. SRI S R UMASHANKAR
PRINCIPAL SECRETARY,
DEPT. OF HIGHER EDUCATION,
M.S BUILDING, 2ND GATE, 6TH FLOOR,
DR. AMBEDKAR VEEDHI,
BANGALORE 560 001.
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NC: 2024:KHC:1900-DB
CCC No. 1026 of 2023
C/W CCC No. 233 of 2022
CCC No. 866 of 2023
2. DR. K G CHANDRASHEKAR,
THE DIRECTOR,
DEPARTMENT OF TECHNICAL EDUCATION,
TANTIKA SHIKSHANA BHAVANA,
PALACE ROAD,
BANGALORE 560 001.
3. STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY
EDUCATION DEPARTMENT
MS BUILDING, DR. ABMEDKAR VEEDHI
BENGLAURU - 560 001.
...ACCUSED
(BY SRI.DEVRAJ ASHOK., HCGP)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, PRAYING TO INITIATE CONTEMPT
OF COURT PROCEEDINGS AGAINST THE ACCUSED FOR
WILLFUL DISOBEDIENCE OF THE ORDER OF HON'BLE HIGH
COURT OF KARNATAKA DATED 18/02/2016 PASSED IN WP
NOS.51205-51252/2015, WP NO. 51256-51271/2015 AND
NO.51689-51692/2015, WP NO.54406/2015 VIDE ANNEXURE-
A1 AND AFFIRMED SLP NO.5495-5572/2017 BY ORDER DATED
28.1.2020 VIDE ANNEXURE-A3.
THESE CCC'S ARE COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE MADE THE FOLLOWING:
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NC: 2024:KHC:1900-DB
CCC No. 1026 of 2023
C/W CCC No. 233 of 2022
CCC No. 866 of 2023
ORDER
All these complaints have substantially similar facts & grievances. All they allege violation of a common order of the Co-ordinate Bench made on 18.02.2016 whereby, W.P Nos.51205-51252/2015 (S-KAT) along with connected cases came to be disposed off quashing orders of recovery from the salary of Writ Petitioners. Liberty was reserved to such of the Petitioners from whom already recovery was made, to seek reimbursement/refund by approaching the appropriate authorities.
2. Very importantly, the grievance of the complainants revolves around another part operative portion of the said order which reads as under:
"In view of the stand taken by Government that the petitioners are eligible for the post of Associate Professors from September to November, 2013, the order passed by the Government dated 29.01.2014 rescinding its earlier order dated 18.10.2012 and 11.03.2013 has become infructuous. Hence, there is no need to pass any order in this regard."
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NC: 2024:KHC:1900-DB CCC No. 1026 of 2023 C/W CCC No. 233 of 2022 CCC No. 866 of 2023 Learned advocates appearing for the Complainants vehemently argue that the above text of the order coupled with observations at para 29, constitute an undertaking given to the Court that the Complainants would be redesignated as Associate Professors and despite demand the same has not been complied with; since there is no justification whatsoever for the said non-compliance, the same is a willful disobedience and therefore, the accused respondents would be summoned & tried for the offence punishable under Sections 11 & 12 of the Contempt of Courts Act, 1971.
3. After service of notice, the accused persons have entered appearance through the learned HCGP and resist the complaints by filing the Statement of Objections in CCC No.1026/2023 and the same has been adopted in rest of the cases. The gist of submission of learned HCGP is that there is no such undertaking and in any event there is no unconditional undertaking; for the so-called redesignation one of the essential conditions is the
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NC: 2024:KHC:1900-DB CCC No. 1026 of 2023 C/W CCC No. 233 of 2022 CCC No. 866 of 2023 candidates possessing a PhD; that qualification being lacked, the complaint of willful default/non-compliance has no substance. So contending, learned HCGP seeks dismissal of all these complaints.
4. Having heard the learned counsel for the parties and having perused the complaint papers, we decline indulgence in the matter for the following reasons:
(i) A careful perusal of operative portion of the Division Bench order does not inspire us that any unconditional undertaking was given by the accused persons so that for its violation all they can be hauled up for contempt action. Paragraph 29 of the Division Bench order reproduces the tabular column at item No.53 of the AICTE Notification dated 04.01.2016; a reading of the paragraph gives an impression that there is no requirement of PhD for the redesignation in question. However, a deeper examination unmistakably shows that such a concession was confined to such of the Assistant Professors who were
- 15 -
NC: 2024:KHC:1900-DB CCC No. 1026 of 2023 C/W CCC No. 233 of 2022 CCC No. 866 of 2023 redesignated with effect from 01.01.2006. Admittedly, all the complainants gained entry to the positions only much later and therefore, they cannot draw any milk from the said Notification or the observations made in paragraph 29, as rightly contended by the learned HCGP.
(ii) Learned HCGP drew our attention to the AICTE Notification dated 08.11.2012 whereby, Regulations - 2012 have been framed under Section 23(1) read with Section 10(i) & (v) of the All India Council for Technical Education Act, 1987. Though the title clause of the Regulations given an impression that they are confined to cases of Career Advancement Scheme, a bare look at the text of Regulation 3 dispels the same; they are applicable to other promotions as well. Regulation 3.8 reads as under:
"Assistant Professor completing three years of teaching in the grade of Rs.8000 (stage
3) shall be eligible, subject to the qualifying conditions and the API based PBAS requirements prescribed by these Regulations, to move to the Pay Band of
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NC: 2024:KHC:1900-DB CCC No. 1026 of 2023 C/W CCC No. 233 of 2022 CCC No. 866 of 2023 Rs.37400-67000 with next higher grade of Rs.9000 (stage 4) and to be designated as Associate Professor. However those joining the Service after 5th March 2010 shall have also earned Ph.D in addition to above mentioned requirements to move to the stage 4." (Emphasis is ours) Admittedly, the Complainants do not have a Ph.D degree. Whatever observations made by the DB inter alia in para 29 read with sandwiched part of the operative portion of the order have to be construed in the light of legal requirement.
(iii) The last contention of learned advocates appearing for the Complainants that Section 2(a) of the 1971 Act defines "contempt of court" and Section 2(b) defines what is a civil contempt, which is very broadly texted and therefore, non-compliance of an undertaking given to the Court amounts to contempt, is true. Learned HCGP also did not much dispute this legal position. However, what he contends and in our opinion rightly is that a particular stand of a litigant before the Court per se may not amount to
- 17 -
NC: 2024:KHC:1900-DB CCC No. 1026 of 2023 C/W CCC No. 233 of 2022 CCC No. 866 of 2023 an undertaking unless there are demonstrable elements of being bound over. Whether a particular stand amounts to an undertaking depends upon a host of factors which need to be gathered from reading the entire judgement. A piece meal approach would not help. Even if it is assumed that the stand of the Government in the subject writ petitions amounted to an undertaking, the same is qualified that the candidates should possess Ph.D. If that qualification was satisfied, arguably the Complainants would have had a case of contempt.
(iv) Learned counsel Smt. Vaishali Hegde having argued the matter vociferously, as she appreciable does always, submits that a copy of Compliance Additional Affidavit filed by the accused has not been shared with her. However, learned HCGP at once retorted that a copy was sent by email to the said Complainants. Therefore, much deliberations in this regard is not needed. Added, we have carefully gone
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NC: 2024:KHC:1900-DB CCC No. 1026 of 2023 C/W CCC No. 233 of 2022 CCC No. 866 of 2023 through every bit of the file; ordinarily a contempt is a matter between Court & the contemnors and counsel appearing for the parties have a facilitative role.
In the above circumstances, these complaints of contempt are dropped and notice is discharged. The Complainants are at liberty to work our their grievance elsewhere in accordance with law and in that connection, all contentions of the parties are kept open.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE Snb, AHB List No.: 1 Sl No.: 25