Kondapally Srinu vs Smt. Dr. Priyanka Ala, Ias on 29 June, 2026

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    Telangana High Court

    Kondapally Srinu vs Smt. Dr. Priyanka Ala, Ias on 29 June, 2026

    Author: Nagesh Bheemapaka

    Bench: Nagesh Bheemapaka

    IN THE HIGH COURT OF JUDICATURE FOR THE STATE OF
                        TELANGANA
         HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
    
                 CONTEMPT CASE No. 2118 OF 2025
    
                              29.06.2026
    
    Between:
    
    Kondrapally Srinu
    
    
                                                           ..... Petitioner
    And
    
    Dr. Priyanka Ala, IAS,
    Secretary,
    Telangana Public Service Commission
    
                                                      ..... Respondent
    
    O R D E R:

    The image of justice in the popular imagination is

    that of a woman who is blind-folded with a weighing scale in her

    SPONSORED

    hand. The blindfold represents the idea of impartiality i.e. the

    belief that the judge has to be completely neutral and decide the

    matter before her without being influenced by any consideration

    other than the merits of the case.

    By Saurabh Kirpal (Chapter 11 – The Telecom

    Counter-Revolution from FIFTEEN JUDGMENTS CASES THAT

    SHAPED INDIA’S FINANCIAL LANDSCAPE)

    Respondent authorities appear to be on the

    erroneous assumption that symbolism of the blindfold denotes
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    inability of the justice delivery system to perceive or take

    cognizance of manifest illegality. The contemporary conception

    of Justice, as reflected in the recently unveiled Nyay Devatha by

    the Hon’ble Supreme Court, depicts Lady Justice with open

    eyes, signifying that the law is neither oblivious nor indifferent,

    but remains vigilant and sees every citizen equally while

    administering justice without fear or favour. Further significant

    is the replacement of the traditional sword with the Constitution

    of India, symbolizing that the constitutional values, the rule of

    law, and the protection of fundamental rights constitute the

    true foundation of the justice delivery system, and not the

    punitive legacy of colonial jurisprudence.

    *****

    The present Contempt Case is filed aggrieved by the

    action of Respondent namely, the Secretary, Telangana State

    Public Service Commission (hereinafter referred to as ‘TGPSC’),

    in willfully and deliberately disobeying and violating the final

    order dated 21.03.2025 passed by this Court in Writ Petition

    No. 19278 of 2019.

    2. Petitioner belonging to Scheduled Caste (SC)

    community had applied for appointment to the post of School

    Assistant (Physical Science) (Telugu Medium) under the 1st

    Respondent, pursuant to Notification No. 52 of 2017, dated
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    21.10.2017, issued by the Telangana State Public Service

    Commission. He participated in the recruitment process,

    qualified in the written examination, secured 58.934 marks,

    attended the certificate verification proceedings, and was thus

    well within the zone of consideration for appointment. Having

    been aggrieved by the action of the 2nd Respondent in

    undertaking appointments to the said post without following the

    mandatory procedure prescribed under Rule 6-A of the TSPSC

    Rules of Procedure, and further aggrieved by the fact that many

    selected candidates had not taken up the posts due to their

    selection elsewhere, leaving several vacancies unfilled and

    thereby prejudicing Petitioner’s right to appointment lower down

    in the merit, Petitioner had approached this Court by filing Writ

    Petition which came to be allowed by the final order dated

    21.03.2025, directing the 2nd respondent to select/appoint

    petitioner as per his merit against the unfilled/unclaimed

    vacancies, if any, by removing the names of the candidates who

    could have relinquished their candidature to the post of School

    Assistant (Physical Science) (Telugu Medium) under Notification

    No. 52 of 2017, dated 21.10.2017.’ The said order became final

    as no Writ Appeal was preferred by the

    Respondents/Contemnors against the same. Respondents were

    therefore, under a clear, positive, and categorical obligation to
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    comply with the same forthwith and without any delay or

    evasion.

    2.1. It is stated, Respondents have, however, shown no

    respect whatsoever to the orders of this Court; no writ appeal

    was filed by the Respondents challenging the said order, nor did

    they take any steps to comply with the same in letter and spirit.

    Despite the said order having attained finality, Respondent

    provided no discretion to Petitioner as to whether to appoint him

    or not; instead, they issued a rejection order, thereby orally

    informing Petitioner through the directions of this Court that

    there are no vacancies, which amounts to a clear violation of the

    orders of this Court.

    2.2. Respondent TGPSC has been deliberately and

    willfully disobeying and undermining the authority of this

    Court. The direction issued by this Court was a clear and

    positive direction to Respondent to select and issue appointment

    orders in favour of the Petitioner as per merit against the

    unfilled or unclaimed vacancies, by removing the names of the

    candidates who could have relinquished their candidature. In

    that event, Respondents were liable to comply with the said

    direction without any option or discretion. No discretion was

    vested on the Respondents by the order dated 21.03.2025 as to

    whether to appoint Petitioner or not. The said action of the
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    Respondents shows volumes about how little regard and respect

    they have for the authority of this Court.

    2.3. Petitioner further states that the reasoning given by

    the Respondent in rejecting his candidature is entirely

    unsustainable and contrary to law, as settled by the Hon’ble

    Supreme Court of India in Telangana State Level Police

    Recruitment Board v. Narimetla Vamshi reported in (2017)

    14 SCC 797. In the said case, the Hon’ble Apex Court observed

    and held that an interpretation of the applicable rules in a

    manner that leaves a large number of vacancies unfilled would

    go against the very ethos of providing public employment to

    persons eligible and meritorious, and that such an

    interpretation would not be appropriate. The same principle was

    affirmed by this Court in the final order dated 21.03.2025.

    2.4. Petitioner further states that the backlog and non-

    joining vacancies of TRT-2017 were all backlog vacancies

    existing as on the date of the order under contempt and the

    same were filled by eligible candidates in DSC-2024. It is stated

    that the said vacancies being filled in DSC-2024 is itself

    contrary to the spirit of the order dated 21.03.2025, and

    amounts to a circumvention of this Court’s order. Therefore,

    Respondent is in contempt of the order and is liable for
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    punishment under Sections 10 to 12 of the Contempt of Courts

    Act, 1971.

    3. Respondent filed the counter stating that under

    Notification No. 52 of 2017 dated 21.10.2017, as per the indent

    received from the School Education Department, the post of

    School Assistant (Physical Science) Telugu Medium is a district

    post. A total of 71 vacancies were notified in the erstwhile 10

    districts of Telangana, including 14 vacancies in Nalgonda

    District. As per the applicable rules, District and Local

    reservation is applicable to the said posts. Petitioner was picked

    up for certificate verification to the post of School Assistant

    (Biological Science) in Telugu Medium in 1:3 ratio. However, he

    did not come under the Zone of Selection in his respective

    district and category due to his low merit. After verification of

    certificates, selections were finalized. The respective merit

    position of the Petitioner, district and category-wise, is as

    follows: Petitioner belonging to SC category in Nalgonda District,

    secured 58.934 marks, whereas the last selected candidate’s

    marks in Petitioner’s category in Nalgonda District under SC(G)-

    L was 60.112. Thus, Petitioner’s marks fall below the cut-off and

    he does not come within the zone of selection for appointment.

    3.1. Pursuant to the Notification No. 52/2017 dated

    21.10.2017, based on the selection procedure prescribed in the
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    notification, vacancies were filled and the list of provisionally

    selected candidates for the post of School Assistant (Physical

    Science) Telugu Medium was published on 12.02.2019. Out of

    the 71 vacancies notified in the erstwhile 10 districts, 70

    vacancies were filled with eligible meritorious candidates, and

    01 vacancy, namely, BC-C(W)L, was left unfilled in Nalgonda

    District, due to the non-availability of an eligible candidate

    under BC-C category. Petitioner secured 58.934 marks and the

    cut-off mark for SC(G)-L in Nalgonda District is 60.112 marks.

    3.2. With respect to the unfilled vacancies, i.e. 06

    vacancies, it is stated that the vacancy left unfilled in the above

    reserved category, due to the non-availability of an eligible

    candidate in the entire ranking list, shall be carried forward to

    the next recruitment as per the State and Subordinate Service

    Rules. Petitioner does not belong to that specific category, i.e.,

    BC-C(W)L, hence, his candidature cannot be considered against

    the said unfilled vacancies. Regarding unfilled vacancies, it is

    stated, as per reservation rules, the roster points specifically

    meant for reserved communities cannot be filled by other

    candidates. In the event of non-availability of a suitable person

    at the roster-point, the existing rules mandate that the point be

    carried forward to the succeeding recruitment year. TGPSC
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    strictly follows the rules of reservation laid down under Rule 22

    of the Telangana State and Subordinate Service Rules.

    3.3. TGPSC is a recruiting body and is not authorized to

    relax rules at its own discretion. The unfilled vacancies were

    surrendered to the indenting department. The School Education

    Department, vide letter No. 88/RC-1/2025 dated 30.05.2025,

    informed that the backlog and non-joining vacancies of TRT-

    2017 were notified in DSC-2024 and the same were filled by

    eligible candidates. The same was informed to Petitioner by the

    Commission vide Memo No. 259/TRT/Rectt-1/4/2017, dated

    06.06.2025. Regarding the unclaimed or non-joining vacancies,

    it is stated that after appointment orders are issued, if any

    candidate fails to join within the stipulated period of 60 days,

    G.O. Ms. No. 81 GA (Ser-A) dated 22.02.1997 and G.O. Ms. No.

    544, G.A. (Ser-A) Department, dated 04.12.1998 come into

    operation and as per the applicable rules, the fallout vacancies,

    if any, due to relinquishment or non-joining of the selected

    candidates, are required to be filled as carried forward vacancies

    to the next recruitment process and not by operating the

    current selection list downward.

    3.4. It is stated, the question of removing the names of

    candidates who could have relinquished to the post of School

    Assistants (Physical Science) Telugu Medium does not arise, as
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    the selections are finalized as per applicable rules, taking into

    account merit, eligibility, local/non-local candidature and duly

    following the rule of reservation. The candidates shortlisted for

    certificate verification to the post of School Assistants (Physical

    Science) Telugu Medium did not figure in any similar post under

    any other notification so as to relinquish their candidature in

    respect of such notifications.

    3.5. It is also stated, the order dated 21.03.2025 in

    W.P. No. 16560 of 2024 can be taken as a precedent, in as

    much as this Court, while dismissing a similar relief sought by a

    petitioner therein, observed that in that case, the appointment

    orders were already issued to all the selected candidates on

    10.06.2024 itself, and therefore G.O. Ms. No. 81, GAD, dated

    22.02.1997, comes into operation, and that in the absence of

    any relaxation to the said provision of law, the petitioner therein

    was not entitled to any relief. It is therefore, stated, there is no

    violation of the orders dated 21.03.2025 in implementation.

    Respondent has the highest regard towards the orders of this

    Court and has no intention whatsoever to disobey the same. If

    this Court still feels that the orders dated 21.03.2025 have been

    disobeyed, this Respondent tenders an unconditional apology.
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    4. Petitioner filed reply stating that the reasoning

    given by the Respondent in rejecting the candidature of

    Petitioner is entirely unsustainable and contrary to the law laid

    down by the Hon’ble Supreme Court in Telangana State Level

    Police Recruitment Board v. Narimetla Vamshi, and is also

    contrary to the spirit and letter of the final order dated

    21.03.2025. The claim of the Respondent that it has complied

    with the order is untenable and disingenuous, given that the

    Petitioner has not been appointed to the post of School

    Assistant (Physical Science) (Telugu Medium) as directed by this

    Court.

    4.1. It is also stated, Respondent’s contention that the

    backlog and non-joining vacancies of TRT-2017 were notified in

    DSC-2024 dated 29.02.2024, prior to the date of the order and

    are filled with eligible candidates, is itself an admission of the

    fact that the vacancies existed and were available. These

    backlog vacancies being notified and filled under DSC-2024 is

    contrary to the direction of this Court in the final order dated

    21.03.2025, which specifically directed the 2nd Respondent to

    consider Petitioner’s candidature against the unfilled or

    unclaimed vacancies. Filling these vacancies in another process,

    without first complying with this Court’s order, amounts to a

    clear circumvention of this Court’s order.

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    4.2. The contention of Respondent that the unfilled

    vacancy of BC-C(W)L in Nalgonda District cannot be considered

    for Petitioner’s appointment on the ground that Petitioner does

    not belong to that specific category is correct in isolation, but

    Respondent has, in the same breath, omitted to address the

    non-joining and unclaimed vacancies of selected candidates who

    may have been selected in other notifications, which was the

    very basis on which this Court had allowed Writ Petition vide

    the final order dated 21.03.2025. The order of this Court was

    specifically premised on the principle that persons selected for

    other posts under other notifications could have relinquished

    their candidature for the present post, thereby making

    vacancies available for Petitioner.

    4.3. Respondent’s defence that TGPSC strictly followed

    Rule 6-A and that the vacancies had been filled by meritorious

    candidates is contrary to the findings already rendered by this

    Court in the final order dated 21.03.2025. It is a settled position

    of law that a contempt proceeding is not an occasion to re-

    agitate the merits of the final order. The final order of this Court

    has merged with the record of the Court and has attained

    finality in the absence of any appeal, and the Respondents

    cannot be heard to re-open the issues already conclusively

    decided therein.

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    4.4. Respondent’s contention that there is no violation of

    the orders of this Court is wholly untenable in law and in fact.

    The direction issued by this Court was a clear positive direction

    to select and appoint the Petitioner against the unfilled or

    unclaimed vacancies by removing the names of the candidates

    who could have relinquished their candidature. The said

    direction was neither conditional nor discretionary; it was

    mandatory and required immediate compliance by the

    Respondent. The failure of the Respondent to appoint Petitioner,

    combined with the issuance of a rejection order, amounts to a

    clear, willful and deliberate act of disobedience of this Court’s

    order.

    4.5. The submission of an unconditional apology at this

    stage by Respondent, after willfully disobeying the court’s order

    for several months, cannot be accepted as a substitute for

    compliance, nor can it be treated as a mitigating factor

    sufficient to close the contempt proceedings. The said apology is

    neither sincere nor accompanied by actual compliance of the

    order of this Court, and it is tendered merely as a strategy to

    escape the consequences of the contempt, which this Court

    should not countenance.

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    5. Heard Sri Allika Suresh, learned counsel for

    petitioner as well as Sri P.S. Rajashekar, learned Standing

    Counsel for TGPSC on behalf of respondent.

    6. At the outset, it is necessary to briefly refer to the

    genesis and background of the lis, so as to appreciate the

    nature of the obligation cast upon the Respondent by the order

    of this Court. TGPSC issued Notification No. 52 of 2017, dated

    21.10.2017, notifying 71 posts of School Assistant (Physical

    Science) (Telugu Medium) in the School Education Department

    across the erstwhile 10 districts of Telangana, including 14

    vacancies in Nalgonda District. Petitioner, belonging to

    Scheduled Caste (SC) community, participated in the

    recruitment process, secured 58.934 marks, and was called for

    certificate verification in 1:3 ratio. However, the 2nd Respondent

    proceeded to undertake appointments to the said post without

    calling for relinquishments from the selected candidates as per

    the mandatory procedure prescribed under Rule 6-A of the

    Telangana State Public Service Commission Rules. The said

    action of the 2nd Respondent resulted in several vacancies

    remaining unfilled and unclaimed, due to the unwillingness of

    selected candidates to join the said posts, as those candidates

    had been selected for higher or other preferred posts under
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    different notifications. Feeling aggrieved, Petitioner filed this

    Writ Petition.

    7. The Writ Petition came to be allowed by the final

    order of this Court dated 21.03.2025. The learned Judge, after

    considering the arguments advanced by both the parties, and

    having placed reliance on the judgment of the Hon’ble Supreme

    Court in Civil Appeal No. 4735 of 2022 in Telangana State

    Level Police Recruitment Board v. Narimetla Vamshi, as

    also the earlier orders of this Court and the Division Bench of

    this Court, directed the 2nd respondent to select and appoint

    Petitioner as per his merit against the unfilled or unclaimed

    vacancies, if any, by removing the names of the candidates who

    could have relinquished their candidature to the post of School

    Assistant (Physical Science) (Telugu Medium) under Notification

    No. 52 of 2017, dated 21.10.2017. The said order attained

    finality, as no Writ Appeal was preferred by any of the

    Respondents.

    8. The settled legal position with regard to contempt

    proceedings in the context of non-compliance with court orders

    is that once a court of competent jurisdiction has issued a clear,

    positive and categorical direction to a party, compliance with

    that direction is not an option available to that party but is a

    solemn obligation. The party against whom the direction is
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    issued cannot refuse to comply with it on the ground that the

    direction was incorrectly passed or that it disagrees with the

    reasoning of the court. The proper remedy for such a grievance

    is to challenge the order before the appropriate forum. So long

    as the order subsists and has not been stayed or set aside, it

    must be obeyed. Disobedience of a court order strikes at the

    very root of the rule of law and the authority of the Court, and

    the same cannot be permitted to go unaddressed.

    9. Adverting to the contentions of Respondent, this

    Court is unable to accept the defence urged on behalf of the

    TGPSC. The Respondent’s primary defence is that it has

    complied with the order in a technical sense by examining the

    issue and communicating to the Petitioner, through Memo No.

    259/TRT/Rectt-1/4/2017, dated 06.06.2025, that there are no

    unfilled or non-joining vacancies left under petitioner’s category

    in the district of Nalgonda, and that the backlog vacancies of

    TRT-2017 were notified in DSC-2024 dated 29.02.2024, prior to

    the date of the order in W.P. No. 19278 of 2019, and are filled

    with eligible candidates. This Court finds the said submission to

    be wholly unsatisfactory and amounting to circumvention of the

    order of this Court, rather than compliance therewith.

    10. The direction of this Court in the order dated

    21.03.2025 was to select and appoint Petitioner against the
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    unfilled or unclaimed vacancies by removing the names of the

    candidates who could have relinquished their candidature. The

    predicate of this direction was the specific factual finding,

    recorded by this Court in the said order itself, that several

    persons who were also in the zone of consideration for the

    present post of School Assistant (Physical Science) Telugu

    Medium, were already selected for other posts under other

    notifications, and that those persons could have relinquished

    their candidature for the present post. It was precisely in this

    factual and legal context that the Court issued the direction to

    the 2nd Respondent. Respondent’s blanket denial, post-facto, of

    the very factual premise on which this Court acted, cannot be

    countenanced in contempt proceedings and amounts to a

    collateral attack on the final order of this Court, which is

    impermissible in law.

    11. Furthermore, the Respondent’s defence that the

    unfilled vacancy in Nalgonda District pertains to the BC-C(W)L

    category to which the Petitioner does not belong, and that

    therefore his candidature cannot be considered, does not

    answer the direction of this Court. The direction was not

    confined to the one unfilled BC.C(W) vacancy in Nalgonda

    District. The direction was in broader terms: to select and

    appoint the Petitioner against unfilled or unclaimed vacancies
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    by removing the names of the candidates who could have

    relinquished their candidature across the notified vacancies.

    The Respondent has, with conspicuous silence, failed to address

    the question of the non-joining and unclaimed vacancies arising

    from the selected candidates having been selected elsewhere.

    This silence is itself telling and cannot be construed in favour of

    the Respondent.

    12. Respondent’s contention that the backlog and non-

    joining vacancies of TRT-2017 were notified in DSC-2024 dated

    29.02.2024, and have since been filled with eligible candidates,

    is a matter that deserves serious concern. It is a matter of

    record that the final order in Writ Petition was passed on

    21.03.2025. If, as the Respondent claims, the DSC-2024

    Notification was issued on 29.02.2024, that is to say, before the

    final order of this Court was passed, then the Respondent is

    seeking to defeat the direction of this Court by pointing to a

    process that had been set in motion even before this Court

    could adjudicate upon the Petitioner’s rights. This approach is

    inconsistent with the spirit of this Court’s order and cannot be

    held to constitute compliance with the direction issued. The fact

    that the vacancies were absorbed in another process does not

    extinguish the obligation of the Respondent to comply with this

    Court’s direction to consider the Petitioner’s candidature. A
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    party cannot take shelter behind the very acts of omission or

    commission that were the subject matter of the challenge, in

    order to defeat compliance with a court’s order.

    13. This Court is also conscious of the principle, as

    settled by the Hon’ble Supreme Court in Telangana State

    Level Police Recruitment Board v. Narimetla Vamshi that

    public employment is an important source of employability for

    young people in this country, where the problem of adequacy of

    jobs is acute, and that an interpretation of the applicable rules

    in a manner that leaves a large number of vacancies unfilled

    would go against the very ethos of providing public employment

    to persons eligible and meritorious. The Hon’ble Supreme Court

    has authoritatively declared that such an interpretation would

    not be appropriate. It was precisely relying on this position of

    law, as also the judgment of the Hon’ble Supreme Court in

    Ashok alias Somanna Gowda v. State of Karnataka

    reported in (1992) 1 SCC 28, that this Court allowed the Writ

    Petition vide order dated 21.03.2025. Respondent’s attempt to

    resist compliance by projecting technical objections relating to

    category-specific vacancies and reservation rules is at variance

    with the spirit of the authoritative pronouncements of the

    Supreme Court and the final order of this Court.

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    14. The plea of Respondent that it has the highest

    regard for the orders of this Court and has no intention to

    disobey the same, and the tender of an unconditional apology,

    cannot be treated as an answer to or a substitute for actual

    compliance. An unconditional apology, to be meaningful and to

    carry any weight in the eye of law, must be accompanied by

    genuine and demonstrable compliance with the order of the

    Court. A bald apology, offered strategically to stave off adverse

    consequences, without any sincere attempt to comply with the

    Court’s order, does not merit acceptance. As the Hon’ble

    Supreme Court has consistently held, the dignity and majesty of

    the courts are to be maintained not merely by verbal assertions

    of respect and deference but by actual compliance with their

    orders and directions. In the instant case, the Petitioner

    remains un-served by the order of this Court, despite the

    passage of several months since the said order was passed on

    21.03.2025.

    15. The contention of the Respondent that it sought

    information from the School Education Department regarding

    non-joining vacancies, and that the said department replied vide

    letter No. 88/RC-1/2025 dated 30.05.2025, informing that all

    non-joining or unfilled vacancies left under TRT-2017 were

    notified in DSC-2024 dated 29.02.2024 prior to the date of the
    20

    order, does not advance the Respondent’s case on the question

    of contempt. Even assuming for argument’s sake that the said

    vacancies had been absorbed into DSC-2024, the Respondent

    was still duty-bound to comply with the direction of this Court

    by bringing this fact to the notice of the Court at the earliest

    and seeking appropriate directions, rather than unilaterally

    treating its obligation to comply with the order as having been

    discharged. The Respondent’s decision to treat the matter as

    closed and communicate its rejection to the Petitioner, without

    any further reference to this Court, is a high-handed act and is

    inconsistent with the duty of compliance owed to the Court.

    16. Having regard to all the foregoing findings, this

    Court is of the firm view that Respondent has committed willful

    and deliberate disobedience of the final order dated 21.03.2025

    and has thereby committed contempt of this Court, punishable

    under Sections 10 to 12 of the Contempt of Courts Act, 1971.

    Respondent has shown, through its conduct, that it has no

    regard whatsoever for the binding directions of this Court and

    has sought to defeat the legitimate rights of the Petitioner, who

    had knocked the doors of this Court with a genuine grievance

    and succeeded in obtaining a final order in his favour.
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    17. This Court is also placing reliance upon the law

    laid down in Celir LLP v. Mr. Sumathi Prasad Bafna 1,

    wherein the Hon’ble Apex Court held that once a court passes

    an order, the said order is required to be complied with in letter

    and spirit, and that a party cannot be permitted to sit in

    judgment over the order of the court and decide for itself

    whether to comply with it or not. The Hon’ble Apex Court

    further held that when a court passes a clear and unequivocal

    direction, the authority or party bound by such direction is

    under an absolute obligation to comply with the same, and that

    any attempt to wriggle out of the said obligation by raising

    technical pleas or by advancing justifications that were either

    already considered or ought to have been raised before the court

    that passed the order, would amount to willful disobedience

    constituting contempt. The Hon’ble Apex Court also made it

    clear that where a party has chosen not to challenge the order

    by preferring an appeal and has allowed the same to attain

    finality, such a party cannot be heard to raise objections to

    compliance at the stage of contempt proceedings, as the

    correctness of the order is no longer open for examination at

    that stage. The operative portion of the judgment is extracted

    hereunder:

    1

    2024 INSC 978
    22

    ” 182.In order to decide whether the appellants are guilty of
    civil contempt, it would be apposite to refer to Section 2(b) of the Act,
    1971, which reads as under:

    “2. Definitions.-

    In this Act, unless the context otherwise requires,-

    xxx xxx xxx

    (b) “civil contempt” means wilful disobedience to any judgment,
    decree, direction, order, writ or other process of a court or wilful breach
    of an undertaking given to a court;”

    183. The Black’s Law Dictionary, Sixth Edition, at page 1599,
    defines “willful” as hereunder: –

    “Proceeding from a conscious motion of the will; voluntary; knowingly;
    deliberate. Intending the result which actually comes to pass; designed; intentional;
    purposeful; not accidental or involuntary. Premeditated; malicious; done with evil intent, or
    with a bad motive or purpose, or with indifference to the natural consequences; unlawful;
    without legal justification. An act or omission is “willfully” done, if done voluntarily and
    intentionally and with the specific intent to do something the law forbids, or with the specific
    intent to fail to do something the law requires to be done; that is to say, with bad purpose
    either to disobey or to disregard the law. It is a word of many meanings, with its
    construction often influenced by its context. In civil actions, the word (willfully) often denotes
    an act which is intentional, or knowing, or voluntary, as distinguished from accidental. But
    when used in a criminal context it generally means an act done with a bad purpose; without
    justifiable excuse; stubbornly, obstinately, perversely.”

    184. In Ashok Paper Kamgar Union v. Dharam Godha and
    Ors.
    reported in (2003) 11 SCC 1, the expression ‘wilful disobedience’ in
    the context of Section 2(b) of the Act, 1971 was read to mean an act or
    omission done voluntarily and intentionally with the specific intent to do
    something, which the law forbids or with the specific intention to fail to
    do something which the law requires to be done. Wilfulness signifies
    deliberate action done with evil intent and bad motive and purpose. It
    should not be an act, which requires and is dependent upon, either
    wholly or partly, any act or omission by a third party for compliance.

    185. Hence, the expression or word “wilful” means act or
    omission which is done voluntarily or intentionally and with the specific
    intent to do something which the law forbids or with the specific intent
    to fail to do something the law requires to be done, that is to say with
    bad purpose either to disobey or to disregard the law. It signifies a
    deliberate action done with evil intent or with a bad motive or purpose.
    23

    186. Article 129 of the Constitution declares this Court as a “a
    court of record” and states that it shall have all the powers of such a
    court including the power to punish for contempt of itself. The
    provisions of the Act, 1971 and the Rules framed thereunder form a part
    of a special statutory jurisdiction that is vested in courts to punish an
    offending party for its contemptuous conduct. It needs no emphasis that
    the power of contempt ought to be exercised sparingly with great care
    and caution. The contemptuous act complained of must be such that
    would result in obstruction of justice, adversely affect the majesty of law
    and impact the dignity of the courts of law.

    187. It must also be understood that contempt proceedings are
    sui generis inasmuch as the Law of Evidence and the Code of Criminal
    Procedure
    , 1973 are not to be strictly applied. At the same time, the
    procedure adopted during the contempt proceedings must be fair and
    just that is to say the principles governing the Rule of law must be
    extended to the party against whom contempt proceedings have been
    initiated. The party must have every opportunity to place its position
    before the Court. Such a party must not be left unheard under any
    circumstances.

    188. In Ram Kishan v. Tarun Bajaj & Ors. reported in (2014)
    16 SCC 204 it was held that the contempt jurisdiction conferred on to
    the law courts power to punish an offender not only for his wilful
    disobedience but also for contumacious conduct or obstruction to the
    majesty of law. It further observed that such power has been conferred
    for the simple reason that the respect and authority commanded by the
    courts of law are the greatest guarantee to an ordinary citizen that his
    rights shall be protected and the entire democratic fabric of the society
    will crumble down if the respect of the judiciary is undermined. The
    relevant observations read as under: –

    “11. The contempt jurisdiction conferred on to the law courts power to punish
    an offender for his wilful disobedience/contumacious conduct or obstruction to the majesty
    of law, for the reason that respect and authority commanded by the courts of law are the
    greatest guarantee to an ordinary citizen that his rights shall be protected and the entire
    democratic fabric of the society will crumble down if the respect of the judiciary is
    undermined. Undoubtedly, the contempt jurisdiction is a powerful weapon in the hands of
    the courts of law but that by itself operates as a string of caution and unless, thus,
    otherwise satisfied beyond reasonable doubt, it would neither be fair nor reasonable for the
    law courts to exercise jurisdiction under the Act. The proceedings are quasi-criminal in
    24

    nature, and therefore, standard of proof required in these proceedings is beyond all
    reasonable doubt. It would rather be hazardous to impose sentence for contempt on the
    authorities in exercise of the contempt jurisdiction on mere probabilities. […]”

    (Emphasis supplied)

    189. In Murray & Co. v. Ashok Kr. Newatia & Anr. reported in
    (2000) 2 SCC 367 this Court held that the purpose of contempt
    jurisdiction is to uphold the majesty and dignity of the courts of law
    since the image of such a majesty in the minds of the people cannot be
    led to be distorted, as any indulgence which can even remotely be
    termed to affect the majesty of law would result in the society losing its
    confidence and faith in the judiciary and the law courts forfeiting the
    trust and confidence of the people in general. The relevant observations
    read as under: –

    “9 […] The purpose of contempt jurisdiction is to uphold the majesty and dignity
    of the courts of law since the image of such a majesty in the minds of the people cannot be
    led to be distorted. The respect and authority commanded by courts of law are the greatest
    guarantee to an ordinary citizen and the entire democratic fabric of the society will crumble
    down if the respect for the judiciary is undermined. It is true that the judiciary will be judged
    by the people for what the judiciary does, but in the event of any indulgence which can even
    remotely be termed to affect the majesty of law, the society is bound to lose confidence and
    faith in the judiciary and the law courts thus, would forfeit the trust and confidence of the
    people in general.”

    (Emphasis supplied)

    190. In Pushpaben & Anr. v. Narandas Badiani & Anr.
    reported in (1979) 2 SCC 394, it was held that contempt of court is a
    special jurisdiction to be exercised sparingly and with caution whenever
    an act adversely affects the administration of justice or which tends to
    impede its course or tends to shake public confidence in the judicial
    institutions. It further held that this jurisdiction is to be exercised not
    for the protection of the dignity of an individual judge but to protect the
    administration of justice from being maligned and ensure that the
    authority of the courts is neither imperilled nor is the administration of
    justice by it interfered with in any manner. The relevant observations
    read as under: –

    ” 42. The contempt of court is a special jurisdiction to be exercised sparingly
    and with caution whenever an act adversely affects the administration of justice or which
    tends to impede its course or tends to shake public confidence in the judicial institutions.
    This jurisdiction may also be exercised when the act complained of adversely affects the
    majesty of law or dignity of the courts. The purpose of contempt jurisdiction is to uphold the
    majesty and dignity of the courts of law. It is an unusual type of jurisdiction combining “the
    25

    jury, the judge and the hangman” and it is so because the court is not adjudicating upon any
    claim between litigating parties. This jurisdiction is not exercised to protect the dignity of an
    individual judge but to protect the administration of justice from being maligned. In the
    general interest of the community it is imperative that the authority of courts should not be
    imperilled and there should be no unjustifiable interference in the administration of justice. It
    is a matter between the court and the contemner and third parties cannot intervene. It is
    exercised in a summary manner in aid of the administration of justice, the majesty of law
    and the dignity of the courts. No such act can be permitted which may have the tendency to
    shake the public confidence in the fairness and impartiality of the administration of justice.

    (Emphasis supplied)

    191. In Reliance Petrochemicals Ltd. v. Proprietors of Indian
    Express Newspapers, Bombay Pvt. Ltd. & Ors.
    reported in (1988) 4
    SCC 592 it was observed that the process of due course of
    administration of justice must remain unimpaired. Public interest
    demands that there should be no interference with judicial process and
    the effect of the judicial decision should not be pre-empted or
    circumvented. The relevant observations read as under: –

    ” 35. The question of contempt must be judged in a particular situation. The
    process of due course of administration of justice must remain unimpaired. Public interest
    demands that there should be no interference with judicial process and the effect of the
    judicial decision should not be pre-empted or circumvented by public agitation or
    publications. It has to be remembered that even at turbulent times through which the
    developing countries are passing, contempt of court means interference with the due
    administration of justice.”

    (Emphasis supplied)

    192. In Rita Markandey v. Surjit Singh Arora reported in
    (1996) 6 SCC 14, it was observed that even if parties have not filed an
    undertaking before the court but if the court was induced to sanction a
    particular course of action or inaction on the representation made by a
    party and the court ultimately finds that the party never intended to act
    on the said representation or such representation was false, the party
    would be guilty of committing contempt. The relevant observations read
    as under: –

    ” 12. Law is well settled that if any party gives an undertaking to the court to
    vacate the premises from which he is liable to be evicted under the orders of the court and
    there is a clear and deliberate breach thereof it amounts to civil contempt but since, in the
    present case, the respondent did not file any undertaking as envisaged in the order of this
    Court the question of his being punished for breach thereof does not arise. However, in our
    considered view even in a case where no such undertaking is given, a party to a litigation
    may be held liable for such contempt if the court is induced to sanction a particular course of
    action or inaction on the basis of the representation of such a party and the court ultimately
    26

    finds that the party never intended to act on such representation or such representation was
    false. In other words, if on the representation of the respondent herein the Court was
    persuaded to pass the order dated 5-10-1995 extending the time for vacation of the suit
    premises, he may be held guilty of contempt of court, notwithstanding non-furnishing of the
    undertaking, if it is found that the representation was false and the respondent never
    intended to act upon it. […]”

    (Emphasis supplied)

    193. The Borrower and the Subsequent Transferee / the alleged
    contemnors herein placing reliance on the decision of this Court in Patel
    Rajnikant (supra) have contended that in the absence of any
    disobedience or wilful breach of a prohibitory order no contempt could
    be said to have been committed. It has been further canvased that this
    Court in the Main Appeals never issued any specific direction either to
    the Borrower or the Subsequent Transferee, & therefore no contempt
    could be said to have been committed.

    194. In Patel Rajnikant (supra), this Court upon examining
    Section 2(b) of the Act, 1971 held that to hold a person guilty of having
    committed contempt, there must be a judgment, order, direction etc. by
    a court, there must be disobedience of such judgment, order, direction
    etc and that such disobedience must be willful.

    ” 58. The provisions of the Contempt of Courts Act, 1971 have also
    been invoked. Section 2 of the Act is a definition clause. Clause (a) enacts that contempt of
    court means “civil contempt or criminal contempt”. Clause (b) defines “civil contempt”

    thus:

    ” 2. (b) ‘civil contempt’ means wilful disobedience to any judgment, decree,
    direction, order, writ or other process of a court or wilful breach of an undertaking given to
    a court;”

    Reading of the above clause makes it clear that the following conditions
    must be satisfied before a person can be held to have committed a civil contempt:

    (i) there must be a judgment, decree, direction, order, writ or other process
    of a court (or an undertaking given to a court);

    (ii) there must be disobedience to such judgment, decree, direction, order,
    writ or other process of a court (or breach of undertaking given to a court); and

    (iii) such disobedience of judgment, decree, direction, order, writ or other
    process of a court (or breach of undertaking) must be wilful.”

    195. However, the subsequent observations made by this Court
    in Patel Rajnikant (supra) are significant. It observed that the court
    should not hesitate in wielding the potent weapon of contempt, it is for
    the proper administration of justice and to ensure due compliance with
    27

    the orders passed by it in order to uphold and maintain the dignity of
    courts and majesty of law. The relevant observations read as under: –

    ” 70. From the above decisions, it is clear that punishing a person for contempt
    of court is indeed a drastic step and normally such action should not be taken. At the same
    time, however, it is not only the power but the duty of the court to uphold and maintain the
    dignity of courts and majesty of law which may call for such extreme step. If for proper
    administration of justice and to ensure due compliance with the orders passed by a court, it
    is required to take strict view under the Act, it should not hesitate in wielding the potent
    weapon of contempt.

    (Emphasis supplied)

    196. What can be discerned from the above exposition of law is
    that any act of disobedience, defiance, or any attempt to malign the
    authority of the court would amount to contempt because they
    undermine the respect and trust that the public reposes in judicial
    institutions. The judicial process relies on the confidence of society, and
    any act that disrupts or disrespects this process threatens to erode the
    foundation of justice and order.

    197. Contempt jurisdiction exists to preserve the majesty and
    sanctity of the law. Courts are the guardians of justice, and their
    decisions must command respect and compliance to ensure the proper
    functioning of society. When individuals or entities challenge the
    authority of courts through wilful disobedience or obstructive behaviour,
    they undermine the rule of law and create the risk of anarchy. Contempt
    serves as a mechanism to protect the integrity of the courts, ensuring
    that they remain a symbol of fairness, impartiality, and accountability.

    198. When judicial orders are openly flouted or court proceedings
    are disrespected, it sends a signal that the rule of law is ineffective,
    leading to a loss of trust in the system. Judicial decisions must remain
    unimpaired, free from external pressures, manipulation, or
    circumvention. Acts that attempt to mislead the court, obstruct its
    functioning or frustrate its decisions distort the process of justice and
    would amount to contempt.

    199. The contempt jurisdiction of this court cannot be construed
    by any formulaic or rigid approach. Merely because there is no
    prohibitory order or no specific direction issued the same would not
    mean that the parties cannot be held guilty of contempt. The Contempt
    jurisdiction of the court extends beyond the mere direct disobedience of
    explicit orders or prohibitory directions issued by the court. Even in the
    28

    absence of such specific mandates, the deliberate conduct of parties
    aimed at frustrating court proceedings or circumventing its eventual
    decision may amount to contempt. This is because such actions strike
    at the heart of the judicial process, undermining its authority and
    obstructing its ability to deliver justice effectively. The authority of
    courts must be respected not only in the letter of their orders but also in
    the broader spirit of the proceedings before them.

    200. Any contumacious conduct of the parties to bypass or
    nullify the decision of the court or render it ineffective, or to frustrate
    the proceedings of the court, or to ensure any undue advantage
    therefrom would amount to contempt. Attempts to sidestep the court’s
    jurisdiction or manipulate the course of litigation through dishonest or
    obstructive conduct or malign or distort the decision of the courts would
    inevitably tantamount to contempt sans any prohibitory order or
    direction to such effect.

    201. Thus, the mere conduct of parties aimed at frustrating the
    court proceedings or circumventing its decisions, even without an
    explicit prohibitory order, constitutes contempt. Such actions interfere
    with the administration of justice, undermine the respect and authority
    of the judiciary, and threaten the rule of law.

    202. However, at the same time, the power of contempt ought to
    be exercised sparingly and with caution and care. It operates with a
    string of caution and unless otherwise satisfied beyond doubt, it would
    neither be fair nor reasonable for the courts to resort to such powers.
    The standard of proof required before a person is held guilty of
    committing contempt of court must be beyond all reasonable doubt.

    203. The courts while exercising its contempt jurisdiction must
    remain circumspect, more particularly, where there exists a possibility
    of the order being amenable to more than one interpretation. In
    Jhareshwar Prasad Paul v. Tarak Nath Ganguly reported in (2002) 5
    SCC 352 it was held that if an order does not contain any specific
    direction regarding a matter or if there is any ambiguity in the directions
    issued therein then it would be appropriate to direct the parties to
    approach the court which disposed of the matter for necessary
    clarification of the order instead of the court exercising its contempt
    jurisdiction thereby taking upon itself the power to decide the original
    29

    proceeding in a manner not dealt with by the court passing the
    judgment or order. The relevant observations read as under:

    “The contempt jurisdiction should be confined to the question whether there has been
    any deliberate disobedience of the order of the court and if the conduct of the party who is
    alleged to have committed such disobedience is contumacious. The court exercising contempt
    jurisdiction is not entitled to enter into questions which have not been dealt with and decided
    in the judgment or order… The court has to consider the direction issued in the judgment or
    order and not to consider the question as to what the judgment or order should have
    contained. At the cost of repetition, be it stated here that the court exercising contempt
    jurisdiction is primarily concerned with the question of contumacious conduct of the party,
    which is alleged to have committed deliberate default in complying with the directions in the
    judgment or order. If the judgment or order does not contain any specific direction regarding
    a matter or if there is any ambiguity in the directions issued therein then it will be better to
    direct the parties to approach the court which disposed of the matter for clarification of the
    order instead of the court exercising contempt jurisdiction taking upon itself the power to
    decide the original proceeding in a manner not dealt with by the court passing the judgment
    or order.”

    (Emphasis supplied)”

    18. The law laid down by the Hon’ble Apex Court,

    mentioned supra in Celir LLP, is squarely applicable to the

    present case. In the result, having regard to the entirety of the

    facts and circumstances obtaining in the present case, the

    material placed on record, the legal position as settled by the

    Hon’ble Supreme Court in the judgments referred to above, and

    the nature and gravity of the disobedience committed by the

    Respondent, this Court is of the considered view that the

    Contempt Case deserves to be allowed.

    19. Interestingly, an argument was sought to be put

    forth contending that the direction in the Writ Petition was to

    the TGPSC, therefore, there cannot be any contempt against the

    State. In this connection, it is to be noted that Writ Petition was
    30

    filed against the State of Telangana (represented through

    Principal Secretary, Roads & Buildings Department), and

    Telangana State Public Service Commission, which is the

    agency of the State. TGPSC being a recruiting agency of the

    State Public Services, and acting for and on behalf of the State;

    its role is to scrupulously follow the guidelines applicable for

    conducting examinations, selection of candidates and

    forwarding the select list to the State Government for issuance

    of necessary appointment orders. Therefore, a direction to

    TGPSC is invariably a direction to the State. Merely because the

    direction specified the TGPSC, that does not absolve the State of

    its responsibility to act and implement the order. Both the

    TGPSC as well as the State are duty-bound to take action to

    implement the order under contempt.

    20. Therefore, the grounds sought to be urged by

    TGPSC that State has filled up / appointed the candidates

    subsequently and that there are no vacancies, or the grounds

    sought to be urged by the State that the direction is for TGPSC

    are apparently a blame-game.

    21. In that view of the matter, the Contempt Case is

    allowed. Accordingly, the State of Telangana as well as TGPSC

    (respondents in the Writ Petition) are directed to comply with

    the order dated 21.03.2025 in Writ Petition No. 19278 of 2019,
    31

    if necessary by creating supernumerary post, within eight weeks

    from today.

    21.1. It is made clear that, in the event of failure to

    comply with the order, within the time stipulated, this Court

    shall proceed to take further action against Respondent being

    the Secretary of TGPSC at the relevant point of time, under

    Sections 11 and 12 of the Contempt of Courts Act, 1971,

    including initiation of proceedings for her personal appearance

    and imposition of punishment as provided thereunder.

    22. Consequently, the miscellaneous Applications, if

    any shall stand closed.

    ——– —————————–

    NAGESH BHEEMAPAKA, J

    29th June 2026

    ksld
    32



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