NDLI: Ashok Kumar and Ors. Vs. Depinder Singh Dhesi and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Contempt of Court When not
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Contempt of Courts Act, 1971 (70 of 1971)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Contempt Petition
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Contempt of Court – When not – Judgment dtd. 03.11.17 passed in Civil Appeal Nos.17869-17870/2017 and Clarificatory Order dtd. 22.01.18 passed in miscellaneous applications arising from the aforesaid Civil Appeals – Contempt Petitions filed by the candidates (enrolled in academic sessions 2001-05 and attained Degrees in Engineering through Distance Education Mode) presently posted as Junior Engineers in Public Health Engineering Department, alleging that the respondents-contemnors violated the aforesaid judgment and order– As per the petitioners, in terms of the judgment they appeared in the test held by AICTE and qualified in the first attempt, however, they were denied benefits arising from their Degrees which became valid after clearing the examination – It was also alleged that their representations for adding their higher qualification, B.Tech (Civil) and due benefit for promotion at par with junior candidates who obtained their B.Tech Degrees through regular mode, were not considered– Held: Though the Degrees obtained through Distance Education Mode were prima facie not in accordance with law, the students enrolled in the academic sessions 2001-05 were given two chances to prove their worth and it was directed that if they clear the test, they would continue to derive advantages flowing from such Degrees– If the candidates could clear the examination in the first attempt itself, there would not even be any break in continuous enjoyment of those benefits– Idea was, candidates should not stand deprived of the status they were enjoying on the day of the Judgment, provided the candidates prove their worth– Directions did not confer any additional advantage which was not even enjoyed as on the date– In the present case serious objection were raised by Department that the concerned candidates enrolled in courses in Engineering through Distance Education Mode without express permission of the Department and/ or the Department did not recognise Degrees awarded through said mode or that the concerned candidates were not granted any study leave to pursue such courses– If there was serious infirmity in the Degrees obtained by the candidates, the matter ought to be sorted out either through representation or through properly instituted challenge in that behalf – Representations made claimed conferral of certain status/benefits which they were not enjoying earlier – Such entitlement needs to be established in proceedings other than Contempt Petition –If the promotion was not granted and was not being enjoyed as on the day when the judgment was passed, there was no violation on part of the alleged Contemnors, of any direction issued by Supreme Court – Cost of Rs.5000/- imposed on the petitioners to be deposited in the concerned Department within four weeks, failing which the Department to recover the same in accordance with law – Guidelines/Norms/Directions – 2004 University Grants Commission Guidelines.
Judge	Honble Mr. Justice Uday Umesh Lalit
Neutral Citation	2019 INSC 897
Petitioner	Ashok Kumar And Ors.
Respondent	Depinder Singh Dhesi And Ors.
SCR	[2019] 10 S.C.R. 581
Judgement Date	2019-08-13
Case Number	408

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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Ashok Kumar and Ors. Vs. Depinder Singh Dhesi and Ors.

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