RAKESH KUMAR MEENA Vs. MANJEET SINGH

JUDGEMENT

(1.) NON compliance of the order dated 19 -3 -2012 is alleged in this contempt petition. By the said order this court referring to its earlier order dated 9 -11 -2011 in case of Prem Prakash Sharma Vs. RSRTC (S.B. Civil Writ Petition No. 13855/2011) and 95 other writ petitions directed as under: -

(2.) MR . Vigyan Shah learned counsel for the petitioner submits that the directions of this court to consider the petitioner's representation has been complied with by the respondents only in form and not in substance, and the petitioner's representation has been dismissed without reference to the directions of this court in Prem Prakash Sharma's case. It has been submitted that the learned Single Judge in Prem Prakash Sharma's case passed an agreed order on various aspects of disputes arising from RSRTC's recruitment of Conductors against the vacancies of 2009 -10 and 2010 -11. Condition No. 2 of the agreed order was as under: -

(3.) RELYING on this court's judgment dated 3 -12 -2012 in DB Civil Special Appeal (W) No. 403/2012, it has been submitted that the Hon'ble Division Bench has held that completion of a selection process does not close the doors for candidates illegally left out in spite of their better comparative merit over those appointed. And consequently a writ petition challenging a selection process and arbitrary exclusion of the more meritorious candidate had to be decided on merit. It is submitted that in the circumstances the rejection of the petitioner's representation on the ground of completion of the selection process is obviously an escape from the duty of the respondents and their "willful default" in failing to decide the petitioners representation on merits. It has been further submitted that a casual dismissal of representation filed by the petitioner under the directions of this court cannot be construed as compliance with directions of this court. Contrarily it evidences a complete disregard if not defiance in complying with the order of this court to consider the petitioner's representation and is ex -facie contempt of court for which the respondents be punished.