Mohd. Adil Khan, Advocate v. STATE COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 341/2022 DR ANJUL SHARMA .....Petitioner Through: Mohd. Adil Khan, Advocate. versus STATE COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING .....Respondent Through: Mrs. Avnish Ahlawat, SC with Mr. N.K. Singh and Ms. Aliza Alam, Advocates for GNCTD. CORAM: HON’BLE MR. JUSTICE AMIT SHARMA O R D E R % 15.12.2025 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. Initiate contempt proceeding against the alleged contemnor for wilfully and deliberately disobeying the order dated 25.02.2022 in W.P.(C) bearing no. 3467 of 2022 titled as "Dr.Anjul Sharma vs State Council Of Educational Research & Training"; and b. Pass any other or further order/s as this Hon’ble Court may deem fitand proper in the facts and circumstances of the case. b. Pass any other and further order as this Hon'ble Court deems fit.” 3. The present petition has been filed alleging wilful disobedience of the directions given by learned Division Bench of this Court vide judgment dated 25.02.2022 in W.P(C) 3467/2022. Vide the said order, the following directions were passed: - 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 18/12/2025 at 12:01:47 “7. The date fixed for the interviews for the subject post i.e., 26.02.2022, which is tomorrow, is a Saturday. Since the Tribunal will not be convening tomorrow and given the paucity of time, the interest of the parties will require a balance of a trapeze artist. 7.1. Accordingly, we direct the respondent to permit the petitioner to, provisionally, take part in the interview. 7.2 However, the result of the interview will be kept in a sealed envelope. The sealed envelope will be opened only, if the petitioner files an action before the Tribunal and succeeds in it. 7.3 The petitioner will have the liberty to file a fresh OA with the Tribunal, within one week from today. 7.4. Liberty is, thus, given to the petitioner to assail, inter alia, the order dated 23.02.2022, passed by the respondent. 7.5. Needless to add, for the reasons given hereinabove, the directions issued to the respondent to permit the petitioner to participate in the interview is 3. pro tem direction. This direction will not impact the merits of the petitioner’s case, if a substantive action is filed before the Tribunal within the timeframe given above. 7.6. It is made clear that the fact that the petitioner has been allowed to take part, albeit provisionally, in the subject interview, will not entitle her to claim any equities.” 4. A compliance affidavit dated 19.11.2022 has been filed on behalf of the respondent, wherein it has been stated as under: - “2. That at the outset the Respondent submits that the Respondent has full regards for the Orders passed-by the Hon’ble Court and neither the Respondent nor any of the Officers have deliberately or otherwise disobeyed any Order passed by this Hon’ble Court. The present contempt- petition is an abuse of process of the Court. The Petitioner instead of pursing her O.A. before the Id. Tribunal-has filed the present contempt petition only as a pressure tactics. 3. The Petitioner has alleged violation of the order dated 25.02.2022 passed by this Hon’ble Court in W.P.(C) 3467/2022. The relevant portion of the said order reads as under:- "7. The date fixed for the interviews for the subject post i.e., 26.02.2022, which is tomorrow, is a Saturday. Since the Tribunal will not be convening tomorrow and 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 18/12/2025 at 12:01:47 given the paucity of time, the interest of the parties will require a balance of a trapeze artist. 7.1. Accordingly, we direct the respondent to permit the petitioner to, provisionally, take part in the interview. 7.2 However, the result of the interview will be kept in a sealed envelope. The sealed envelope will be opened only, if the petitioner files an action before the Tribunal and succeeds in it." 4. That in Compliance of Order dated 25,02.2022, the Petitioner was called for Interview and same-was duly conducted on 26.02.2022. The result of the interview with respect to the Petitioner has been kept in sealed cover. The Order to put the result in sealed cover is only of the interview of the Petitioner which is to be opened only if she succeeds in her O. A. before the Ld. Tribunal. 5. It is submitted that the Respondent/SCERT has advertised 7 posts of Principal DIET out of. which 5 posts were advertised under unreserved category. An interview call was sent to all 14 candidates found eligible by the Screening Committee. It is pertinent to mention that against the 5 posts advertised under unreserved category only 4 posts have been filled up and 1 post of Principal DIET has been left vacant in the current recruitment process, even though there is no such Order. 6. That in compliance of Order dated 25.02.2022 the result of the Petitioner has been kept in sealed cover and same is subject to the O.A. filed by the Petitioner. In any case the Hon’ble Court has not stayed the recruitment process nor asked the Answering Respondent to keep any post vacant for the Petitioner.” 5. During the course of the present proceedings, the petitioner has also filed an additional affidavit dated 27.11.2025 wherein, it has been stated as under: - “A. It is relevant to mention that vide para 9 of the OA (No. 1293 of 2022) the following interim relief was prayed: 9. interim relief: 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 18/12/2025 at 12:01:47 In the facts and circumstances of the case it is humbly prayed to this Hon’ble Tribunal: a. To stay the final Result bearing Order No. 1 (171)/ SCERT/Rectt./Principal/Admn./2020/14667-71 dated 03.03.2022 as issued by the Respondent to the extent that it rejected the candidature of the Applicant for the post of Principal, (DIET) till the pendency of this instant application; and b. To reserve one seat for the Applicant provisionally for the post of Principal (DIET) till the pendency of this instant application; and c. To pass any other order as this Hon’ble Court deems fit. B. It is further submitted no order(s) to that effect have been passed by the Ld. Tribunal.” 6. A perusal of the order dated 25.02.2022 passed in W.P.(C) 3467/2022 reflects that the direction was given for keeping the result in a sealed cover and the same to be opened if the petitioner files an action before the Tribunal and succeeds in it. A perusal of the compliance report placed on record in the present petition, reflects that the department has left one post of Principal vacant. It is further submitted that an O.A. No. 1293/2022 is pending before learned CAT. It is also pointed out by learned counsel for the respondent, that the petitioner has also challenged the recruitment of the other candidates, which is also pending before the learned Tribunal. 7. Keeping in consideration the directions given by learned Division Bench and the compliance report filed by the respondent, this Court is of the considered opinion that the respondent has duly complied with the aforesaid directions. In these circumstances, the petition is disposed of. 8. The learned Tribunal is requested to dispose of the aforesaid OA filed on behalf of the petitioner as expeditiously as possible preferably within a period of three months from today. 9. Pending application(s), if any, also stands disposed of. 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 18/12/2025 at 12:01:47

10. Copy of this order be sent to the learned Central Administrative Tribunal, New Delhi, for necessary information and compliance. AMIT SHARMA, J DECEMBER 15, 2025/bsr