Trend of playing with court orders needs to be arrested to avoid anarchy: HC

Trend of playing with court orders needs to be arrested to avoid anarchy: HC
File photo of J&K High CourtMubashir Khan/ GK

Srinagar: Disapproving the trend of playing with its orders at all levels of the government, the High Court (HC) held that the same needs to be arrested to avoid a situation of anarchy.

“This trend of playing with the orders of the court at all levels of the government needs to be arrested lest it may be too late in the day and a situation of anarchy may prevail. Taking a serious view of the matter is the need of the hour,” the bench of Justice Sanjay Dhar said.

The court said this while hearing a contempt plea against the School Education Department authorities.

Miffed over the non-compliance of a judgment passed by it over seven years ago, the court said: “It is an irony that an order passed by this court way back in January 2014 is not being complied with even after a lapse of over seven-and-a-half years and the petitioners are being denied fruits of the judgment which they have earned from the writ court.”

In response to the request of the Additional Advocate General, Shah Aamir for granting last opportunity to comply with the judgment, the court said at his request, for the present, it refrains from passing any adverse directions against the respondents (authorities).

However, the court directed the authorities to file compliance report positively by October 18 failing which, it said, the incumbents - J&K’s Commissioner Secretary of School Education Department and Director School Education Department Kashmir should appear in person before the court to explain as to why proceedings in accordance with the law be not initiated against them.

A single judge bench of the court in its judgment dated 16 January 2014 had directed the School Education Department authorities to finalise within two months the seniority list, issue final seniority list and thereafter accord consideration to promotion of petitioners and their colleagues in accordance with the final seniority list.

In response to the contempt petition filed by the aggrieved petitioners subsequently, the authorities concerned filed a statement of facts on 27 August 2014 and thereafter on 20 December 2016.

In the first statement of facts, it was conveyed to the court that the department was in the process of verification of the PG degrees of the petitioners from their concerned DEC recognised universities and in case it was found that they fulfill the requisite condition laid down in the government Order No 252-HE of 2012 dated 30 May 2012, their case for promotion would be considered.

In the statement of facts dated 20 December 2016 filed subsequently, the court was informed that the matter was examined in the department and it was necessary to build a comprehensive mechanism in light of the cabinet decision No 104/14/2012 dated 16 May 2012 and the government Order No 252-HE of 2012 dated 30 May 2012.

The court was further informed that the department was examining alternative proposals either to conduct tests in pursuance of the government directions or to frame a uniform eligibility test for the promotion of masters as lecturers.

The court was told that the same may require amendment in the relevant recruitment rules.

The subsequent statement of facts was considered by the court on 30 December 2016 and it was observed that the authorities were trying to hoodwink the process of the court.

“No further information has been given to the court in spite of the fact that repeated directions were passed by this court asking the respondents to file a statement of facts,” the court said.

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