Uday Umesh Lalit, J. - (1.) These Contempt Petitions filed by nine Petitioners submit inter alia that the alleged Contemnors have wilfully and deliberately violated the Judgment dated 03.11.2017 passed by this Court in Civil Appeal Nos.17869-17870 of 2017 and other connected matters ("the Judgment", for short) and clarificatory Order dated 22.01.2018 [2] passed by this Court in Miscellaneous Application Nos.1795-1796 of 2017 arising from aforesaid Civil Appeals ("the Order", for short). In the submission of the Contempt Petitioners the following directions issued by this Court in the Judgment stand violated:- "58. AICTE is directed to devise within one month from the date of this judgment modalities to conduct appropriate test(s) both in written examination as well as in practicals for the students concerned admitted during the academic sessions 2001-2005 covering all the subjects concerned. It is entirely left to the discretion of AICTE to come out with such modalities as it may think appropriate and the tests in that behalf shall be conducted in the National Institutes of Technology in the respective States wherever the students are located. The choice may be given to the students to appear at the examination which ideally should be conducted during May-June 2018 or on such dates as AICTE may determine. Not more than two chances be given to the students concerned and if they do not pass the test(s) their degrees shall stand recalled and cancelled. If a particular student does not wish to appear in the test(s), the entire money deposited by such student towards tuition and other charges shall be refunded to that student by the deemed to be university concerned within a month of the exercise of such option. The students be given time till 15-1-2018 to exercise such option. The entire expenditure for conducting the test(s) in respect of students who wish to undergo test(s) shall be recovered from the deemed to be universities concerned by 31-3-2018. If they clear the test(s) within the stipulated time, all the advantages or benefits shall be restored to the candidates concerned. We make it clear at the cost of repetition that if the candidates concerned do not clear the test(s) within the time stipulated or choose not to appear at the test(s), their degrees in Engineering through distance education shall stand recalled and cancelled. It goes without saying that any promotion or advancement in career on the basis of such degree shall also stand withdrawn, however, any monetary benefits or advantages in that behalf shall not be recovered from them.66.6. If the students clear the test(s) within the stipulated time, all the advantages/benefits shall be restored to them and their degrees will stand revived fully."It is also submitted that the directions issued above were reiterated in following terms in the Order:-"A] All such candidates, who wish to appear at the forthcoming test to be conducted by AICTE in MayJune 2018 and who exercise option to appear at the test in terms of the judgment, can retain the degrees in question and all the advantages flowing therefrom till one month after the declaration of the result of such test or till 31.07.2018 whichever is earlier.B] This facility is given as one-time exception so that those who have the ability and can pass the test in the first attempt itself, should not be put to inconvenience. If the candidates pass in such first attempt, they would be entitled to retain all the advantages. ... ..."
(2.) According to the Contempt Petitioners:- (i) They had enrolled themselves in courses leading to Degrees in Engineering through Distance Education Mode during the period 2001-2005.(ii) In terms of the Judgment, the Petitioners appeared in the test held by AICTE [3] on 03.06.2018 and qualified in the first attempt.(iii) The Petitioners are presently posted as Junior Engineers in Public Health Engineering Department, Haryana.(iv) Soon after clearing the examination, representations were made by the Petitioners that they were entitled to all the benefits arising from their Degrees in terms of the Judgment and the Order.(v) The representations so preferred were more or less identical in terms and by way of sample one of the submissions made therein was:-"Therefore, it is requested to add my higher qualification i.e. B.Tech (Civil) and due benefit for promotion may please be given to me."
(3.) Alleging that no action was taken in respect of representations preferred by the Petitioners, it is submitted in the Contempt Petition:- "6. That the above said representation has not been replied to till date nor any action has been taken on the same. Rather the ACRs of the candidates who are junior to the Petitioners have been called for and their files have been forwarded to the Additional Chief Secretary for issuing orders of promotion. It is pertinent to mention that the above mentioned junior candidates had obtained their B.Tech degree through regular mode and the Petitioners herein had obtained their B.Tech Degrees from the Deemed Universities through the ODL Mode. However, after the Petitioners have cleared the June 2018 AICTE exam their degrees have become valid and hence they are to be treated at par with those Junior Engineers who have obtained their Degrees through the Regular Mode. The fact that the Petitioners have been ignored and the ACRs of the Junior Candidates have been called for shows that the Contemnors / Respondents have deliberately and wilfully violated the directions of this Hon'ble Court passed in Judgment dated 03.11.2017 and 22.01.2018.";