- (1.) While disposing of the Civil Appeal No. 4318 of 2012 titled Priya Gupta v. State of Chhatisgarh & Ors., the Court not only noticed breach of time schedule as well as various other irregularities that were committed by the various stakeholders, but also returned a finding as to failure of the performance of duties and obligations by the authorities in accordance with law as stated by this Court. The Court noticed that the case in hand was a clear example of calculated tampering with the schedule specified under the regulations, and the judgments of the Court with a clear intention to grant admission to less meritorious candidates over candidates of higher merit. To put it simply, it was a case of favouritism and arbitrariness. The case in hand also demonstrates how either way the career of the students of higher merit has been jeopardised by the abuse and manipulation of provided procedure. While directing initiation of proceedings under the provisions of the Contempt of Courts Act, 1971 (for short "the Act") held as under:- 4. "We have categorically returned a finding that all the relevant stakeholders have failed to perform their duty/obligation in accordance with law. Where the time schedules have not been complied with, and rule of merit has been defeated, there nepotism and manipulation have prevailed. The stands of various authorities are at variance with each other and none admits to fault. Thus, it is imperative for this Court to ensure proper implementation of judgments of this Court and the regulations of the Medical Council of India as well as not to overlook the arbitrary and colourable exercise of power by the concerned authorities/colleges. 5. Therefore, we hereby direct initiation of proceedings against the following under the provisions of the Contempt of Courts Act, 1971. Let notice be issued to the following, to show cause why they be not punished in accordance with law. a. Additional Secretary, Ministry of Health & Family Welfare, Union of India. b. Dr. S.L. Adile, Director, Medical Education. c. Dean of the Jagdalpur College. d. Dr. M.S. Banjan, Member of the Selection Committee. e. Dr. P.D. Agarwal, Member of the Selection Committee. f. Shri Padmakar Sasane, Member of the Selection Committee. g. Director General, Directorate of Health Services, Union of India. 5. Notice be issued returnable in two weeks, on which day the matter shall be listed before this Court. Registry shall maintain separate file for that purpose. 6. All concerned authorities are hereby directed to carry out the directions and orders contained in this judgment, particularly paragraphs 30 and 31 of the judgment forthwith. The directions shall be applicable for the academic year 2012-2013 itself. 54. A copy of this judgment shall be sent to all concerned authorities, forthwith, for strict compliance and adherence, without demur and default. 55. Both the appeals are disposed of with the above directions."
(2.) In furtherance to the judgment dated 8th May, 2012, the Court initiated proceedings against the above defaulting persons under the Act and directed issuance of notice. Upon appearance, time was prayed for on behalf of the contemnors to file their reply affidavits and after they were filed, the contemnors were heard at some length by the Court. The stand taken by the respective contemnors is distinct and independent. However, the stand of contemnors "C" to "F" is somewhat common, therefore, it would be appropriate for the Court to deal with the case of these contemnors together. The case of contemnors 'A' and 'G' is to be considered together and finally that of contemnor 'B' will be dealt with separately. First and foremost, we would deal with the case of Dr. S.L. Adile, whose daughter Akansha Adile is the direct beneficiary of this entire process. In the affidavit filed by Dr. Adile, it has been averred that he was working as a Professor of Ophthalmology in the Medical College, Raipur till 1st August, 2006 and Dean thereafter in the same college. The Director of Medical Education, Chhatisgarh (Dr. Bhola) retired on 31st August, 2006 and being the senior, Dr. Adile was asked to relieve Dr. Bhola, on 8th September, 2006 temporarily. This is how he came to be appointed as the Director of Medical Education. The findings recorded in the order against him which includes violation of schedule, moulding the process of selection to select his daughter and actually providing her a seat in the Medical College, Raipur has not been disputed. However, it is stated that he tenders an unconditional apology to the Court for all the acts of omission and commission mentioned in the order dated 8th May, 2012. He prays for the mercy of the Court on the ground that he was under suspension for last two years i.e. since 23rd July, 2010 and has suffered already. His daughter was also asked to pay Rs. 5 lakhs, if she was to continue her course in terms of the order dated 8th May, 2012, and therefore, he prays for discharge.
(3.) Mr. Mukul Rohtagi, the learned senior counsel appearing for Dr. S.L. Adile argued in principle that the Court may take a lenient view and discharge the notice of contempt against the contemnor in view of his unconditional, unqualified apology being tendered at the very first instance. The apology tendered is bona fide and, thus, should be accepted by the Court. Explanation to Section 12(1) places an obligation upon the Court to consider apology in a very objective manner and further provides that the Court shall not reject the same merely on the ground of it being qualified or conditional if it is made bonafidely. It is also to be noticed that the Secretary, Ministry of Health has specifically disputed that the letter dated 8th August, 2006 was not issued by the Ministry and is a manipulated one. This is the letter that has been relied upon by Dr. Adile. Of course, subsequently the said stand was given up by him;