Facts
The petitioner filed this Contempt Petition alleging willful disobedience of the Tribunal’s order dated 25.10.2024 in O.A. No. 2902/2017, which directed the respondents to consider her candidature and, if eligible, appoint her with consequential benefits
Source reference: para. 1The said order attained finality as it remained unchallenged by the respondents
Source reference: para. 2Despite receiving multiple opportunities, including a "last opportunity" granted on 11.11.2025, the respondents failed to comply within the stipulated timeframe
Source reference: para. 3The respondents subsequently filed a compliance affidavit seeking to deny relief by raising new grounds concerning the petitioner’s CTET certificate—an issue not raised during the original adjudication
Source reference: para. 4Issues
1. Whether the respondents’ act of introducing new grounds in a compliance affidavit to deny relief constitutes willful disobedience of the Tribunal’s final order
Source reference: para. 4 & 62. Whether the respondents can legally re-open or sit in appeal over a finally adjudicated issue under the guise of compliance proceedings
Source reference: para. 5Law Applied
The Tribunal applied the principle of finality of adjudication, holding that once an issue is finally decided, respondents cannot sit in appeal over the order under the guise of compliance proceedings
Source reference: para. 5It further applied the doctrine that introducing new grounds in a compliance affidavit, without challenging the original order in a higher forum, amounts to willful disobedience and an attempt to circumvent and overreach the court’s authority
Source reference: para. 4 & 6Reasoning
The Tribunal observed that the respondents’ reliance on the CTET certificate to deny the petitioner’s OBC-category appointment was a meritless attempt to re-litigate the case.
Source reference: para. 4It clarified that a CTET certificate merely reflects examination performance and is not a substitute for a caste certificate, which the petitioner had already provided
Source reference: para. 4The Tribunal noted that because the original order dated 25.10.2024 was never challenged, the respondents were legally bound to implement it in "true letter and spirit"
Source reference: para. 7By attempting to justify non-compliance through grounds that were not part of the Original Application or the subsequent adjudication, the respondents’ conduct was deemed a prima facie case of willful disobedience
Source reference: para. 6-7Holding
The Tribunal found the respondents in prima facie contempt for failing to comply despite repeated opportunities
It directed the respondents to strictly comply with the order dated 25.10.2024 and extend all consequential benefits to the petitioner within four weeks of receipt of the order
Source reference: para. 8The Contempt Petition was disposed of with the caveat that the petitioner may seek revival of the petition or other legal remedies if the respondents fail to comply within the new stipulated period
Source reference: para. 9-10Original Court PDF
PushpavsSH. SHURBIR SINGH, IAS, CHAIRMAN, DELHI SUBORDINATE SERVICES SELECTION BOARD
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