GEETA DEVI AND ANOTHER v. SANDEEP KADAM AND ANOTHER
CMP/17121/2026 · 2026-07-14
Jyotsna Rewal Dua
body2024
DailyLaw.ai
[ 2024 DAILYLAW 783 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 783 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Geeta Devi & Anr. Vs. Sandeep Kadam Secretary & Anr. COPC No. 571/2024
14.07.2026 Present: Mr. Sanjeev Bhushan, Sr. Advocate with Mr. Sprash Bhushan, Advocate, for the petitioners/applicants. Ms. Menka Raj Chauhan, Ms. Seema Sharma, Deputy Advocate General with Mr. Rajat Chaudhary, Assistant Advocate General for respondents. CMP No. 17121/2026
Petitioners/applicants seeks revival of the contempt petition, which was disposed of on 08.11.2024. 2. Geeta Devi & Anr. Vs. State of H.P. & Anr. (CWP No. 1795/2024) instituted by the petitioners/applicants was disposed of on 11.03.2024 with following operative directions: -
“3. Accordingly, without going into the merits of the case, this Court deems it appropriate to dispose of the instant petition by directing the respondents to consider and decide the case of the petitioner in light of the aforesaid judgment and in case the claim of the petitioners is found to be covered by the said judgment, then same and similar benefits, as granted in Dev Raj’s case (supra) be also granted in favour of the petitioner within a period of four weeks from today. Ordered accordingly. Pending application(s), if any also stands disposed of.”
It is an admitted position that pursuant to the above directions, the respondents issued consideration order on 06.03.2025, deciding petitioners’ cases with following operative directions: -
“Whereas, the entire facts of the case have been considered and it is revealed that the Hon'ble High Court in
CWP No. 7724/2021 ruled that the diplomas from State Faculty of Ayurvedic and Unani System of Medicine prior to 2003 will be deemed as valid. Accordingly in compliance to the judgment of Hon'ble High Court in CWP No. 1795/2024, the educational qualifications and documents of the petitioners were scrutinised and compared with the educational certificates of Sh. Dev Raj. Upon scrutiny, the documents (marksheets) were found to be issued by Rajkiya Ayurvedic evam Unani Chikitsa Adhikaya, (Bihar) in both the cases. Accordingly, in light of the directions of Hon'ble High Court in CWP no. 7724/2021 and 1795/2024, it is ordered that the diploma obtained by the petitioners in both the cases (CWP No. 7724/2021 and 1795/2024) from the Bihar State Faculty of Ayurvedic & Unani System are held to be valid for the purpose of educational qualification as per R&P Rules for the purpose of appointment to the post of APO, subject to fulfilment of all other eligibility conditions as directed by Hon'ble High Court.
The petitioner may apply for the post of APO and also produce a copy of this consideration order during the application process for the post of APO, as and when advertised by the Department, since the matter for permission for advertisement of vacancies is already under consideration with the Government. The representation is therefore decided accordingly.”
Taking note of above consideration order, the contempt petition bearing COPC No. 571/2024 instituted by the petitioners/applicants was disposed of as under: -
“4. Consequently, in view of the fair stand adopted by learned Additional Advocate General, this Court sees no reason to keep the present proceedings alive and accordingly, same are closed with the direction to the respondents to do the needful in terms of the judgment dated 11.03.2024, positively within a period of four weeks, if not already done, failing which, they would further aggravate the contempt. Petitioners are at liberty to get the present proceedings revived in case aforesaid judgment is not complied with, so that appropriate action, in
accordance with law is taken against the erring officials. Notices issued to the respondents are hereby discharged accordingly.”
3. Learned Senior Advocate for the petitioner submits that the respondents are still in contempt of the directions issued in Sudarshan Sharma v. State of H.P. & Anr. as on 08.10.2025 (Annexure X-ii), the post of Ayurvedic Pharmacy Officer was created to comply with the aforesaid decision, yet, the petitioners have still not been appointed to the said post. 4. The respondents cannot be said to be in contempt of the judgment in question. No specific directions were issued in the judgment to the respondents to appoint the petitioners. Petitioners’ grievance is based upon office letter dated 08.10.2025 (Annexure X-II), which gives rise to an independent cause of action to the petitioners. The contempt petition instituted by the petitioners was disposed of on 11.08.2024, reserving liberty to them to get the proceedings revived in case the judgment is not complied with.
It is for the petitioners to avail appropriate remedy for the redressal of the grievances urged in this application. With the above observations, the application stands disposed of. Liberty is, however, reserved to the petitioners to seek appropriate remedy, in accordance with law, for the redressal of their grievances. Jyotsna Rewal Dua
Judge 14th July, 2026 (Rohit)