Court finds willful violation of order by imposing TET condition on compassionate appointment despite previous ruling
In a significant ruling, the Madhya Pradesh High Court, Indore Bench, presided over by Justice Pranay Verma, has found Respondent No. 2 guilty of contempt of court in a case concerning the compassionate appointment of Ms. Divya Dubey. The judgment was delivered on January 20, 2026, addressing the petitions consolidated under CONC No. 5849 of 2023 and others.
The case arose from Ms. Dubey's appointment as a Prayogshala Shikshak following the death of her father, the family's sole breadwinner, on February 9, 2023. Her appointment was canceled the next day due to her not possessing the Teacher Eligibility Test (TET) qualification, which was allegedly required for the position. However, this requirement was not in place when she applied, leading her to challenge the cancellation in a writ petition.
On August 11, 2023, the High Court quashed the cancellation order, affirming that the TET qualification was not mandatory for compassionate appointments at the time of her application. The court highlighted that the department had discretionary power to relax such qualifications under compassionate grounds, deeming the cancellation invalid.
Despite the court's clear ruling, when Ms. Dubey sought compliance with the writ order, Respondent No. 2 issued a compliance order on March 15, 2024, imposing a condition that she must clear the TET within three years. The petitioner filed contempt proceedings, asserting that this condition contradicted the court's decision.
Justice Verma, in his judgment, emphasized that the court had conclusively settled the issue of the TET requirement, and Respondent No. 2's imposition of such a condition was unjustifiable and contrary to the court's order. The judgment stated that this act amounted to a willful breach and disobedience of the court's authority.
The court has directed that the petitions be listed on March 10, 2026, for consideration of sentencing for Respondent No. 2, granting him an opportunity to be heard on the matter.
This ruling reinforces the judiciary's stance on ensuring adherence to its decisions and underscores the significance of compassionate appointments in alleviating distress for families of deceased employees.
Bottom Line:
Compassionate appointment - Mandatory qualification of passing the Teacher Eligibility Test (TET) with prescribed percentage not required for compassionate appointment if such condition was not applicable at the time of application, and the department has the power to relax such requirements.
Statutory provision(s): Article 215 of the Constitution of India, Sections 10 and 12 of the Contempt of Courts Act, 1971
Ms. Divya Dubey v. Rashmi Arun Shami, (Madhya Pradesh)(Indore) : Law Finder Doc id # 2848959
