SALAUDDIN AHMED & ANR.versusSAMTA ANDOLAN

                        [2012] 7 S.C.R. 402


A                   SALAUDDIN AHMED & ANR.
                                 v.
                        SAMTA ANDOLAN
              (Civil Appeal Nos. 2504-2505 of 2012)
                        AUGUST 29, 2012
B
        [ALTAMAS KABIR AND J. CHELAMESWAR, JJ.]

        CONTEMPT OF COURT:

c       Contempt of court - Ingredients - Explained.

        Contempt petition - High Court holding the State
   authorities guilty of contempt of court for non-compliance of
   order of Division Bench of the High Court - Held: The
   explanation given on behalf of the State and its authorities
D cannot be discounted, since in order to act in terms of the
  observations made in. the judgment, the State appointed the
  Bhatnagar Committee tor obtaining quantifiable data in
  respect of Scheduled Castes and Scheduled Tribes
  candidates so that the provisions of the amended Clause (4-
E A) of Art. 16 of the Constitution could be given effect to -
  Therefore, despite the fact that there has been delay on the
  part of the State and its authorities in giving effect to the
  observations made in the judgments of High Court and
  Supreme Court, there was no willful or deliberate intention on
F their part to defy the orders of the High Court - Accordingly,
  the impugned judgment and order of the Division Bench of
  the High Court holding the appellants guilty of contempt of
  court for purported violation of the order passed by the
  Division Bench of the High Court on 5.2.2010 is set aside -
G Constitution of India, 1950 - Art. 16(4-A).

        Writ petitions, including D.B.C.W.P.No.8104 of 2008,
    were filed by the candidates belonging to the general
    category in the State of Rajasthan, challenging the
H                              402
 SALAUDDIN AHMED & ANR. v. SAMTA ANDOLAN                               403


Notifications dated 28.12.2002 and 25.4.2008 issued by                       A
the State Government. The Division Bench of the High
Court by its judgment dated 5.2.2010 quashed both the
Notifications on the ground that the conditions precedent
laid down in M. Nagraj's 1 case had not been followed. It
was also held that the right vested in the candidates by                     B
virtue of Notification dated 1.4.1997 and protected by
Notification dated 28.12.2002 was illegally taken away by
Notification dated 25.4.2008. On 16.11.2010 the general
category candidates filed D.B. Civil Contempt Petition No.
914 of 2010 in D.B. W.P. No. 8104 of 2009 alleging non-                      c
compliance of the judgment dated 5.2.2010.
Subsequently, Contempt Petition No. 359 of 2011 was
also filed. It was mainly contended that after the
Notifications dated 28.12.2002 and 25.4.2008 were
quashed by the judgment dated 5.2.2010 which became                          0
final on dismissal of the SLP of the State Government on
7.12.2010 2, the State authorities had, by their inaction in
complying with the requirements set out in M. Nagaraj's
case, committed contempt of c,ourt. The Division Bench
of the High Court accepted the same and held the
appellants guilty cf contempt of court for deliberate and                    E
willful violation of the order dated 5.2.2010.

      Allowing the appeals, the Court

     HELD: 1.1. In order to establish that a person had                      F
deliberately and willfully committed contempt of court,
two essential ingredients have to be proved: Firstly, it has
to be established that an order has been passed by the
court which either directs certain things to be done by a
person or to restrain such person or persons from doing                      G
certain acts and that the person or persons had
knowledge of the said order. Secondly, it has to be
1.   M. Nagaraj & Ors. vs. Union of India & Ors. 2006 (7) Suppl. SCR 336.
2.   Suraj Bhan Meena and Anr. vs. State of Rajasthan and Ors. (2010) 14
     SCR 532                                                                 H
    404     SUPREME COURT REPORTS              [2012] 7 S.C.R.


A established that despite having knowledge of such order,
  the person concerned deliberately and willfully violated
  the same with the intention of lowering the dignity and
  image of the court. [para 36] [422-E-F]

8       Dinesh Kumar Gupta Vs. United India Insurance Co. Ltd.
                        =
    2010 (13) SCR 599 (2010) 12 SCC 770 - referred to.

      Maninderjit Singh Bitta Vs. Union of India & Ors. (2012)
  1 SCC 273; Kunhayammed & Ors. Vs. State of Kera/a & Anr.
C 2000 (1) Suppl. SCR 538 = (2000) 6 SCC 359 - cited

       1.2 Admittedly, Civil Writ Petition No.8104 of 2008,
  along with several other writ petitions, were disposed of
  by the Division Bench by its judgment and order dated
  5.2.2010, by quashing the Notifications dated 25.4.2008
D and 28.12.2002, which had been issued by the State
  Government without following the exercise indicated in
  M. Nagaraj's case. While quashing the said Notifications,
  the Division Bench took note of the observations made
  in M. Nagaraj's case that Clause (4-A) of Art. 16 was only
E an enabling provision and the State was not bound to
  make reservations of Scheduled Castes and Scheduled
  Tribes in the matter of promotion, but if they did wish to
  exercise their discretion in that regard, the State had to
  collect quantifiable data showing backwardness of the
F class and inadequacy of representation of that class in
  public employment, in addition to compliance with Art.
  335. The same not having been done, the said
  Notifications were quashed. [para 37] [422-G-H; 423-E-G]

G       1.3 It has been pointed out that the judgment and
    order dated 5.2.2010 passed by the Division Bench of the
    High Court was in two parts. While one part dealt with the
    quashing of the two Notifications, the other was with
    regard to the directions given in M. Nagaraj's case for
H
   SALAUDDIN AHMED & ANR. v. SAMTA ANDOLAN                405


 collection of the quantifiable data before givirig effect to    A
 the provisions of Art. 16(4-A) of the Constitution. It has
 been emphasized on behalf of the State Government that
 in order to give effect to the second part of the judgment
 and order of the Division Bench of the High Court and
 the directions given in Suraj Bhan Meena's case, the            B
 Government of Rajasthan had appointed the Bhatnagar
 Committee to obtain the quantifiable data to comply with
 the directions given in the said judgments. It has also
 been brought to the notice of the Court that directions
 were given to all the different departments on 14.2.2011        C
 to ensure compliance with the directions contained in
 Suraj Bhan Meena's case. [para 40] [424-0-G]

       1.4 The explanation given on behalf of the State and
  its authorities cannot be discounted, since in order to act    o
  in terms of the sentiments expressed by the High Court
  and this Court, it was necessary to collect the quantifiable
  data in respect of Scheduled Castes and Scheduled
  Tribes cand!dates. The State appointed the Bhatnagar
  Committee which was entrusted with the work of                 E
  obtaining such qucmtifiable data so that the provisions
  of the amended Clause (4-A) of Art. 16 of the Constitution
, could be given effect to in terms of the directions given
  in M. Nagaraj's case subsequently reiterated in Suraj
  Bhan Meena's case. [para 42] [425-C-D]                         F

    M. Nagaraj & Ors. Vs. Union of India & Ors. 2006 (7)
 Suppl. SCR 336= (2006) 8 SCC 212; and Suraj Bhan
 Meena and Anr. vs. State of Rajasthan and Ors. (2010) 14
 SCR 532 - referred to.
                                                                 G
      1.,5 Therefore, this Court is of the view that despite
 the fact that there has been delay on the part of the State
 and its authorities in giving effect to the observations
 made in M. Nagraj's case and Suraj Bhan Mina's case,
 there was no willful or deliberate intention on their part      H
    406      SUPREME COURT REPORTS                 [2012] 7 S.C,R.


A to defy the orders of th~ Court. The very fact that the
  Bhatnagar Committee was appointed indicates that the
  State and its authorities had every intention to implement
  the said observations, though the progress of such
  implementation has been tardy-. Accordingly, the
B impugned judgment and order of the Division Bench of
  the High Court holding the appellants guilty of contempt
  of court for purported violation of the order passed by
  the Division Bench of the High Court on 5.2.2010 while
  disposing of Civil Writ Petition No.8410 of 2008, is set
C aside. However, it is directed that the State and its
  authorities would act in terms of the Report of the
  Bhatnagar Committee, in accordance with the decision
  rendered in M. Nagaraj's· case and Suraj Bhan Meena's
  case, within the time stipulated in the instant judgment.
D [para 44-45) [425-G-H; 426-A-E]

       Indira Sawhney Vs. Union of India & Ors. 1992 (2) Suppl.
  SCR 454 = (1992) Supp.3 SCC 217; Ajit Singh Januja & Ors.
                                                   =
  Vs. State of Punjab & Ors. 1996 (3) SCR 125 (1996) 2 SCC
E 715; Union of India & Ors. Vs. Virpal Singh Chauhan 1995
  (4) Suppl. SCR 158 = (1995) 6 SCC 684; M. Nagaraj & Ors.
  Vs. Union of India & Ors. 2006 (7) Suppl. SCR 336 = (2006)
  8 SCC 212; State of U.P. vs. Hirendra Pal Singh 2010 (15)
    SCR 854 = (2011) 5 SCC 305- referred to.
F
        Constitution (Eighty Second Amendment) Act and the
    Constitution (Eighty Fifth Amendment) Act of 2001- referred
    to.

          Halsbury's Laws of England - referred to.
G
                         Case Law Reference:
          1992 (2) Suppl. SCR 454 referred to           para 2
          1996 (3) SCR 125           referred to        para 3
H
  SALAUODIN AHMED & ANR. v. SAMTA ANDOLAN                    407


     1995 (4) Suppl. SCR 158 referred to              para 4        A

     2006 (7) Suppl. SCR 336 referred to              para 5
     (2010) 14 SCR 532            referred to         para 23
     2010 (15) SCR 854            referred to         para 27
                                                                    B
     2010 (13) SCR 599            referred to         para 29

     (2012) 1 sec 213             cited               para 33

     2000 (1) Suppl. SCR 538 cited                    para 34
                                                                    c
    CIVIL APPELLATE JURISDICTION : Civil Appeal Nos.
2504-05 of 2012.

    From the Judgment and Order dated 23.02.2012 of the
Hon'ble High Court of Rajasthan in D.B. Civil Contempt Petition
Nos. 941/2010 and 359/2011.                                         D

     Manish Singhvi, AAG, lrsahd Ahmad for the Appellants.

    M.L. Lahoty, Shobit Tiwari, Lal Pratap Singh, Ram Niwas,
Ruchi Kohli for the Respondent.                                     E
    The Judgment of the Court was delivered by

     ALTAMAS KABIR, J. 1. These appeals arise out of the
common judgment and order dated 23rd February, 2012,
passed by the Division Bench of the Rajasthan High Court in         F
O.B. Civil Contempt Petition No.941 of 2010 and O.B. Civil
Contempt Petition No.359 of 2011, whereby the alleged
contemnors were held to be guilty of contempt of court for having
violated the order passed by the Division Bench of the Jaipur
Bench of the Rajasthan High Court on 5th February, 2010, in         G
D.B. Civil Writ Petition No.8104 of 2008.

   2. From the materials on record it transpires that on 27th
November, 1972, the State of Rajasthan issued a Notification

                                                                    H
    408      SUPREME COURT REPORTS                  [2012] 7 S.C.R.


A providing for reservation for Scheduled Castes/Scheduled
  Tribes candidates to the extent of 15% for Scheduled Castes
  and 7.5% for Scheduled Tribes. Subsequently, on and from 3rd
  October, 1973, such reservation was increased to 16% and
  12% for Scheduled Castes and Scheduled Tribes candidates,
s respectively. On 29th January, 1981, the Rules for promotion
  based on the criteria of seniority-cum-merit were introduced.
  In 1992, in the case of Indira Sawhney Vs. Union of India &
  Ors. [(1992) Supp.3 SCC 217], this Court had held that
  reservation in promotional posts for Scheduled Castes and
c Scheduled Tribes candidates was not permissible. The effect
  of the said decision was neutralized by the Constitution
  (Seventy Seventh Amendment) Act, enacted on 17th June,
  1995, whereby Article 16(4-A) was inserted in the Constitution
  to provide for reservation in respect of Scheduled.Castes and
D Scheduled Tribes candidates in promotional posts.

        3. The aforesaid amendment led to a spurt of litigation. In
  1996, while considering the said issue in the case of Ajit Singh
  Januja & Ors. Vs. State of Punjab & Ors. [(1996) 2 SCC 715)
  (Ajit Singh-I), this Court held that even if the person in reserved
E category is promoted earlier than a general category candidate
  due to operation of roster, and subsequently, the general
  category candidate was also promoted, the candidates in the
  general category would regain their seniority as existing in the
  cadre prior to promotion. This method of allowing a subsequent
F promotee to regain seniority came to be known as the "catch-
  up" principle. On 30th January, 1997, the Union of India issued
  a memorandum to all the various departments asking them to
  implement the decision rendered by this Court regarding
  regaining of seniority pursuant to the said direction. Thereafter,
G on 1st April, 1997, the State of Rajasthan followed suit and
  introduced the "catch-up" principle. A provisional seniority list
  of candidates belonging to the Rajasthan Administrative
  Services was issued on 26th June, 2000, on the basis of the
  Notification dated 1st April, 1997. However, it was never given
H effect to and was ultimately quashed by the Rajasthan High
 SALAUDDIN AHMED & ANR. v. SAMTA ANDOLAN                       409
            [ALTAMAS KABIR, J.]
Court in Writ Petition (Civil) Nos.2968 of 2000, 2176 of 2000,         A
3373 of 2000 and 3385 of 2000.

     4. In 2001, the Parliament passed the Constitution (Eighty
Fifth Amendment) Act inserting the words "consequential
seniority" for members of reserved category. Thus the said
                                                                       8
amendment removed the basis of the judgment rendered by
this Court in Union of India & Ors. Vs. Virpal Singh Chauhan
[(1995) 6 SCC 684] and in Ajit Singh-l's case (supra). The
provisions of the said amendment were given retrospective
effect from 17 .6.1995, in order to remove the provision relating      C
to the "catch-up" principle with retrospective effect.

      5. In 2002, a writ petition was filed before this Court by the
All India Equality Forum against the State of Rajasthan, seeking
to strike down the Constitution (Eighty Second Amendment) Act
and the Constitution (Eighty Fifth Amendment) Act of 2001. The         D
writ petitioner claimed similar reliefs as in M. Nagaraj & Ors.
Vs. Union of India & Ors. [(2006) 8 SCC 212]. Thereafter, on
11th November, 2002, the interim order regarding
implementation of Article 16(4-A) of the Constitution was
clarified and it was indicated that if certain candidates from         E
reserved category were entitled to promotion in terms of the
provisions of Article 16(4-A), they would be promoted. It was,
therefore, the stand of the Union of India that the interim order
could not be construed to be a bar to implementation of the
amendment to Article 16(4-A). The order also provided that no          F
person was to be reverted from their existing placement or
standing in the seniority list.

     6. After having introduced the same, the State of Rajasthan
by its Notification dated 28th December, 2002, withdrew the
"catch-up" principle after the introduction of the Constitution        G
(Eighty Fifth Amendment) Act. From the Notification dated 28th
December, 2002, it would be seen that an attempt was made
to preserve the rights of general category candidates, who had
already been promoted vide Notification dated 1st April, 1997.
It was also indicated that persons who had already been                H
    410      SUPREME COURT REPORTS                  [2012] 7 S.C.R.


A promoted vide Notification dated 1st April, 1997, were not to
  be reverted.

          7. The vires of Article 16(4-A), 16(4-B) and Article 335 of
    the Constitution was challenged and in M. Nagaraj's case
B   (supra) it was considered by a Constitution Bench of this Court,
    which upheld the validity of Articles 16(4-A), 16(4-B) and the
    amendment to Article 335 of the Constitution, but imposed
    certain conditions regarding reservation in promotion and
    accelerated promotions. This Court directed that the State
C   should collect quantifiable data, after which the Committee
    should also examine the requirements relating to
    backwardness, inadequacy in representation and efficiency for
    the purpose of grant of reservation in promotion and accelerated
    promotions. One of the areas of dispute between the parties
    is that the State Government also withdrew the "catch-up"
D   principle in favour of general category candidates with
    retrospective effect, but without following the principles
    enunciated in M. Nagaraj's case (supra). On 24th June, 2008,
    a seniority list was drawn up without considering the "catch-up"
    principle, which also gave effect to the Notification dated 25th
E   April, 2008.

       8. On 22nd August, 2008, D.B. Civil Writ Petition No.8104
  of 2008 was filed by Bajrang Lal Sharma and others,
  challenging the said Notification dated 25th April, 2008, and
F the seniority list drawn up consequent thereto. While entertaining
  the writ petition, the Division Bench of the High Court stayed
  the said Notification dated 25th April, 2008.

       9. On 4th March, 2009, a seniority list was prepared, but
  the same was quashed by the learned Single Judge. The
G Notifications dated 28th December, 2002 and 23rd April, 2008,
  were challenged before the High Court by several candidates
  belonging to the general category and the same were ultimately
  quashed by the High Court on 5th February, 2010, on the
  ground that the conditions precedent laid down in M. Nagaraj's
H case (supra), had not been followed. The High Court was also
  SALAUDDIN AHMED & ANR. v. SAMTA ANDOLAN                    411
             [ALTAMAS KABIR, J.]
of the view that the right which had vested to the candidates       A
by virtue of the Notification dated 1st April, 1997, and had been
protected by Notification dated 28th December, 2002, had
been illegally taken away vide Notification dated 25th April,
2008.
                                                                    B
     10. On 16th November, 2010, the general category
employees filed a contempt petition against the Chief Secretary
for not implementing the order passed by the High Court on 5th
February, 2010, which was registered as D.B. Civil Contempt
Petition No.914 of 2010 in D.B. Civil Contempt Petition             C
No.8104 of 2009, titled as Samta Ando/an Vs. Salauddin
Ahmad & Anr. On an application filed before this Court, this
Court vide its order dated 16th November, 2010, stayed the
contempt proceedings pending before the High Court.

      11. The case made out in the Contempt Petition was that       D
despite the judgment dated 5th February, 2010, and the
dismissal of the various Special Leave Petitions filed by the
State of Rajasthan and others on 7th December, 2010, the
State authorities were not complying with the said judgment.
According to the Petitioners in the Contempt Petitions, the         E
judgment of the High Court passed on 5th February, 2010,
became final after the dismissal of the Special Leave Petitions,
but despite the same, they were not being complied with by the
concerned authorities of the State. The authorities were
deferring compliance of the judgment dated 5th February,            F
2010, on the ground that they were undertaking the exercise
of collecting quantifiable data required to enable the State of
Rajasthan to exercise its powers under Article 16(4-A) of the
Constitution. It was the further grievance of the Contempt
Petitioners that the letter issued by the State on 14th February,   G
2011, was in purported compliance of the judgment dated 7th
December, 2010, passed in SLP(C) No.6385 of 2010, asking
all the Departments to give information with regard to the SC/
ST employees from 1.4.1997 onwards on year-wise basis,
which was not contemplated in the M. Nagaraj judgment. It was       H
    412     SUPREME COURT REPORTS                 [2012] 7 S.C.R.


A   also the case of the Contempt Petitioners that Article 16(4-A)
    is an enabling provision based on the Government's information
    with regard to the backwardness and inadequate
    representation of .SC/ST employees, which could not be given
    retrospective effect.
B
        12. On account of the inaction of the alleged contemnors
  on the said ground, the Contempt Petitioners not only prayed
  for taking severe action against the Contemnors, but to also
  give suitable directions to the said Respondents/ Contemnors
  to implement the judgment dated 5th February, 2010, passed
C in D.B. Civil Writ Petition No.8104 of 2008 and that the
  Petitioners be allowed to regain their accrued and vested
  seniority.

       13. As indicated hereinabove, the Division Bench of the
D High Court found the Appellants herein to be guilty of having
  committed contempt of Court for deliberate and willful violation
  of the order passed by the Division Bench of the Jaipur Bench
  of the Rajasthan High Court on 5th February, 2010.

E      14. Thereafter, on 7th December, 2010, the State of
  Rajasthan filed a Special Leave Petition against the order
  passed by the High Court on 5th February, 2010, by which the
  Notifications dated 28th December, 2002 and 25th April, 2008,
  had been quashed. While upholding the judgment of the High
  Court, this Court also observed that the claims of the reserved
F category candidates could be considered after following the
  principles laid down in M. Nagaraj's case (supra). On 22nd
  December, 2010, a substantive writ petition was filed by
  Captain Gurvinder Singh & Ors. etc. challenging the vires of the
  Rajasthan Scheduled Castes, Scheduled Tribes, Backward
G Classes, Special Backward Classes & Economically Backward
  Classes (Reservation of Seats in Educational Institutions in the
  State and of Appointments & Posts in Services under the
  State) Act of 2008, hereinafter referred to as "2008 Act". The
  main ground of challenge was with regard to the reservation
H exceeding the 50% ceiling due to extension of reservation to
 SALAUDDIN AHMED & ANR. v. SAMTA ANDOLAN                      413
            [ALTAMAS KABIR, J.)
Special Backward Classes & Economically Backward classes.             A
The High Court by its order dated 22nd December, 2010,
restrained the State from giving effect to Sections 3 and 4 of
the 2008 Act. It is the case of the AP.pellants that the said order
was directed against the reservation in respect of Special
Backward Classes & Economically Backward Classes and had              B
nothing to do with reservation in respect of promotion for
Scheduled Castes and Scheduled Tribes candidates.

      15. On 31st March, 2011, the State Government constituted
the Bhatnagar Committee to look into the different aspects
relating to reservation in promotion and consequential seniority      C
in terms of the judgment rendered in M. Nagaraj's case (supra).
Immediately, thereafter, on 13th April, 2011, a further contempt
petition was filed by Shri Bajrang Lal Sharma. The Bhatnagar
Committee Report was submitted to the State Government on
19th August, 2011 and on 11th September, 2011, the State              D
Government, in exercise of its powers und~r the proviso to
Article 309 of the Constitution of India and on the basis of the
Bhatnagar Committee Report, framed a Rule with retrospective
effect from 1st April, 1997, so that the vacuum which had been
created could be filled up. The Rule also provided for roster-        E
based promotion based on the posts available and also
preserved the rights of the general category candidates who
had earned promotions between the period 1st April, 1997 to
28th December, 2002, or the promotions which had actually
been given effect to in terms of the repealed Notification dated      F
1st April, 1997.

     16. Appearing for the Appellants, the learned Attorney
General pointed out that the Notification issued by the State
Government on 11th September, 2011, had been declared void            G
by the High Court by holding that the same did not amount to
valid compliance and the Notification dated 1st April, 1997,
should be given effect to. The learned Attorney General
submitted that since by the Notification dated 11th September,
2011, the earlier Notification dated 1st April, 1997 had been
                                                                      H
    414     SUPREME COURT REPORTS                  [2012] 7 S.C.R.


A withdrawn, the same could not be given effect to without first
  declaring the Notification dated 11th September, 2011, to be
  ultra vires.

       17. The learned Attorney General submitted that the
B Notification dated 11th September, 2011, could not have been
  declared ultra vires in the absence of a substantive writ petition
  challenging the same, and, in any event, it could not be
  questioned in a contempt proceeding or be declared ultra vires
  therein, particularly, when the Bhatnagar Committee had been
  appointed in terms of the order passed by this Court in M.
C Nagaraj's case (supra) and the Notification dated 11th
  September, 2011, was issued in pursuance of the Report of
  the said Committee.

        18. The learned Attorney General urged that by the order
D passed by the Division Bench of the High Court in D.B. Civil
  Writ Petition No.8104 of 2008, the Notifications dated 28th
  December, 2002, ·and 25th April, 2008, were declared to be
  ultra vires the Constitution. As a result, the consequential orders
  passed by the State, including preparation of the seniority list
E of the Super-time Scale Officers and the Selection Scale of the
  Rajasthan Administrative Service Officers, passed on the basis
  of the aforesaid Notifications, were quashed. Aggrieved by the
  said order, the State of Rajasthan and Shri Suraj Bhan Meena
  filed separate Special Leave Petitions before this Court which
F were disposed of on 7th December, 2010. This Court allowed
  the claim of Suraj Bhan Meena (SC/ST candidates), subject to
  the conditions laid down in M. Nagaraj's case (supra).

        19. While the various above-mentioned proceedings were
  being pursued, Writ Petition No.13491 of 2009 was filed
G challenging the vires of the 2008 Act. A prayer was also made
  to review the ceiling limit in favour of SC, ST and OBC
  candidates of 16%, 12% and 21%, respectively. The
  Notification dated 25th August, 2009, was also questioned. The
  subject matter of the Writ Petition was focussed on reservation
H to special backward classes and economically backward
 SALAUDDIN AHMED & ANR. v. SAMTA ANDOLAN                  415
            [ALTAMAS KABIR, J.]

classes. By an order dated 22nd December, 2010, passed in         A
the said Writ Petition, a Division Bench of the Rajasthan High
Court stayed the operation of Sections 3 and 4 of the Act along
with Notification dated 25th August, 2009, and the matter was
referred to the Rajasthan State Backward Classes
Commission, before whom the State Government was directed         B
to place the quantifiable data within a period of one year. The
stay granted was directed to continue till the matter was
decided afresh.

      20. Subsequently, contempt proceedings were taken,
being No.359 of 2011, challenging the letter dated 14th           C
February, 2011, issued by the State of Rajasthan to the Heads
of all Departments asking for information regarding
representation of SC/ST employees. Ultimately, by the order
impugned in these appeals, the High Court held the Appellants
herein to be guilty of contempt of Court, inasmuch as, despite    D
sufficient time having been given to the Respondents to comply
with the order dated 5th February, 2010, the Appellants failed
to do so even after a lapse of 14 months after their Special
Leave Petitions were dismissed by this Court. The High Court
also took note of the fact that the Appellant No.1 herein, Shri   E
Salauddin Ahmed, did not even reply to the show-cause notice
issued to him, which the High Court interpreted to mean that
the said Appellant had nothing to say in his defence regarding
the allegation of contempt of Court made against him. The High
Court further noted that on several occasions time was sought     F
for by the State to comply with the order passes on 5th
February, 2010, but nothing was done in the matter. Giving the
Appellants 3 days' time to purge themselves of the contempt
and to comply with the orders passed by the Court, the Court
further directed the Appellants to be present in person before    G
the Court for the purpose of sentencing in case of non-
compliance.

    21. Aggrieved by the order of the Division Bench of the
Rajasthan High Court, the State Government filed Civil Appeal
                                                                  H
    416     SUPREME COURT REPORTS                 [2012] 7 S.C.R.


A   No.2504-2505 of 2011 and on 27th February, 2012, this Court
    issued notice and stayed further proceedings before the High
    Court.

       22. The learned Attorney General submitted that the order
B dated 5th February, 2010, was in two parts. While one part dealt
  with quashing of the Notifications dated 28th December, 2002
  and 25th April, 2008, the other part was with regard to the
  directions given in M. Nagaraj's case (supra) for the collection
  of quantifiable data. It was further submitted that the State of
C Rajasthan had consistently acted as per the directions given
  in paragraph 68 of the judgment rendered in Suraj Bhan
  Meena's case (supra), whereby it was directed that the claim
  of the Petitioners, Suraj Bhan Meena and Sriram Chordia, in
  SLP (C) No.6385 of 2010, would be subject to the conditions
  laid down in M. Nagaraj's case (supra).
D
        23. The learned Attorney General submitted that pursuant
  to the directions given in Suraj Bhan Meena's case (supra),
  the State of Rajasthan issued a letter to all the Departments
  on 14th February, 2011, to ensure compliance of the judgment
E dated 7th December, 2010. In addition, the State Government
  sought information with regard to representation of SC/ST
  employees in public employment from 1.4.1997 to 1.4.2010 on
  a year-wise basis. The learned Attorney General contended
  that on 8th March, 2011, one more contempt petition was filed,
F viz., Contempt Petition No.359 of 2011, in relation to the letter
  dated 14th February, 2011, referred to hereinabove. It was
  submitted that the State cannot collect data with retrospective
  effect in pursuance of the decision in M. Nagaraj's case (supra)
  and the judgment dated 7th December, 2010. It was also
G submitted that the State of Rajasthan was not required to collect
  the quantifiable data to comply with the judgment dated 5th
  February, 2010.

      24. It was also contended that the contempt petitioner had
  misunderstood the import of the judgment dated 5th February,
H 2010, passed by the Division Bench of the High Court in
 SALAUDDIN AHMED & ANR. v. SAMTA ANDOLAN                        417
            [ALTAMAS KABIR, J.]
relation to the judgment of this Court dated 7th December,              A
2010. The learned Attorney General submitted that it was on
account of the confusion in the mind of the Petitioner that a
prayer had been made in the Contempt Petition for suitable
directions upon the contemnors to implement the judgment
dated 5th February, 2010, passed in D.B. Civil Writ Petition            B
No.8104 of 2008 and to allow the Petitioners to regain their
accrued and vested seniority given to them in pursuance of the
seniority list of 26.6.2000. It was submitted that the seniority list
of 26.6.2000 had already been quashed by the High Court in
a dispute between direct recruits and promotees and the said            c
matter is pending in this Court by way of a Special Leave
Petition.

     25. The learned Attorney General submitted that the
constitution of the Bhatnagar Committee in pursuance of the
order passed by this Court on 7th December, 2010, was                   D
challenged by filing of interlocutory applications, both before this
Court and also before the High Court. All the interlocutory
applications were taken up for consideration and disposed of
by this Court on 20th July, 2011. The learned Attorney General
submitted that in the said order, this Court had recorded the           E
fact that Mr. M.L. Lahoti, learned counsel appearing for the
Respondents, did not challenge the formation of the
Committee, but contended that its findings should have
prospective operation and could not affect the case of the writ
petitioners, Suraj Bhan Meena and others. It was also                   F
emphasized that this Court took cognizance of the constitution
of the Bhatnagar Committee, but did not pass any restraint
orders with regard to its functioning. On the other hand, while
disposing of the several interlocutory applications, this Court
also observed that the parties would be free to make their              G
submissions with regard to the action taken by the State
Government in the matter pending before the High Court. The
learned Attorney General urged that the High Court had noticed
the order passed by this Court on 7th December, 2010, but had
not considered the directions contained therein.                        H
    418     SUPREME COURT REPORTS                 [2012] 7 S.C.R.


A      26. The learned Attorney General submitted that the
  Bhatnagar Committee Report had been submitted on 19th
  August, 2011, and after due consideration of the Report, a
  Notification was issued on 11th September, 2011. However, it
  was also noticed by the High Court that the constitution of the
B Bhatnagar Committee, as also the Notification issued on 11th
  September, 2011, was not in conformity with the judgment
  rendered by the High Court on 5th February, 2010, without
  noticing that the same was in compliance of the directions
  contained in paragraph 68 of the judgment delivered by this
c Court on 7th December, 2010. The learned Attorney General
  submitted that the directions contained in the aforesaid
  judgment dated 7th December, 2010, recognizing the rights of
  the reserved category (Petitioners therein) and directing the
  determination of such rights, be undertaken after completion of
D the exercise laid down in M. Nagaraj's case (supra).

       27. On maintainability, it was contended that it was beyond
  the powers of this Court to declare a law ultra vires in the
  contempt jurisdiction. It was also contended that in view of the
  decision of this Court in State of U.P. vs. Hirendra Pal Singh
E ((2011) 5 sec 305], a judicial order could not be passed to
  give effect to a repealed law or a law which was no longer i.n
  existence, as has been done in the instant case. The learned
  Attorney General reiterated that the High Court had erroneously
  declared the Notification dated 11th September, 2011, to be
F ultra vires without any challenge being made to such
  Notification.

       28. The learned Attorney General submitted that the
  Bhatnagar Committee had been formed pursuant to the
G directions given by this Court in Suraj Bhan Meena's case
  (supra) and this Court while disposing of the Special Leave
  Petitions filed by Suraj Bhan Meena and others categorically
  indicated that the impugned order of the High Court was, in fact,
  based on the decision in M. Nagaraj's case (supra) as no
  exercise had been undertaken in terms of Article 16(4-A) to
H
  SALAUDDIN AHMED & ANR. v. SAMTA ANDOLAN                    419
             [ALTAMAS KABIR, J.]

acquire quantifiable data regarding the inadequacy of                A
representation of the Scheduled Castes and Scheduled Tribes
communities in public service and that the Rajasthan High Court
had rightly quashed the notifications dated 28th December,
2002 and 25th April, 2008, issued by the State of Rajasthan
providing for consequential seniority and promotion to the           B
members of the Scheduled Castes and Scheduled Tribes
communities. The Special Leave Petitions were, therefore,
disposed of by observing that the claim of the Petitioners, Su raj
Bhan Meena and Sriram Chordia in SLP (C) No.6385 of 2010,
would be subject to the conditions laid down in M. Nagaraj's         c
case (supra). The Special Leave Petitions filed by the State of
Rajasthan were consequently dismissed. The learned Attorney
General urged that this Court had, in fact, directed that the
parties would be free to make their submissions with regard
to the action taken by the State Government in the matter            D
pending before the High Court.

     29. The learned Attorney General concluded on the note
that as recently observed by this Court in Dinesh Kumar Gupta
Vs. United India Insurance Co. Ltd. [(2010) 12 SCC 770), in
order to establish that a civil contempt had been committed, it      E
would have to be shown that the concerned authority had willfully
and deliberately disobeyed the orders passed by the High
Court without any reasonable or rational interpretation of the
order. It was also observed that it would not also be correct to
hold that a contempt had been committed when the                     F
disobedience was neither deliberate nor willful, but the steps
taken were on account of the ignorance of the correct legal
position and the action taken was in good faith without any
malafide motive to defeat or defy the Court's order.
                                                                     G
     30. The learned Attorney General submitted that in this
case, in compliance with the decision in Suraj Bhan Meena's
case {supra) and the directions given both in M. Nagaraj's case
{supra)and in Suraj Bhan Meena's case {supra), the concerned
authorities had appointed the Bhatnagar Committee to enter           H
    420     SUPREME COURT REPORTS                  [2012] 7 S.C.R.


A into a fact finding exercise in accordance with the provisions
  of Article 16(4-A) of the Constitution. It could not be said that
  there was any willful or deliberate intention or malafide motive
  on the part of the concerned authorities in not complying with
  the directions contained in the judgment of the High Court dated
B 5th February, 2010. The Contempt Petition was, therefore,
  liable to be dismissed.

       31. Mr. C.S. Vaidyanathan, learned Senior Advocate, who
  had appeared for the second contemnor, Khemraj Chaudhary,
C while adopting the submissions made by the learned Attorney
  General, submitted that the steps taken by the Respondents
  were in keeping with the directions given both in M. Nagaraj's
  case (supra)and in Suraj Bhan Meena's case (supra), for
  identifying such members of the SC/ST communities who would
  be entitled to the benefits provided under Article 16(4-A) of the
D Constitution. Mr. Vaidyanathan reiterated the submissions
  made before the High Court that the Contempt Petitions were,
  in fact, not maintainable as the orders out of Vfhich the same
  had arisen had merged in the order of this Court when the
  Special Leave Petitions were dismissed by a reasoned
E judgment. Accordingly, by virtue of the doctrine of merger, the
  said orders do not exist and, if any contempt is alleged, it would
  be with regard to the orders passed by this Court and the High
  Court had no jurisdiction to entertain the matter.

F       32. Mr. Vaidyanathan further submitted that on account of
  non-compliance with the three requirements indicated in M.
  Nagaraj's case (supra), the notification dated 28th December,
  2002, stood vitiated. However, with the quashing of the said
  notification dated 28th December, 2002, the notification dated
G 1st April, 1997, which stood deleted by notification dated 28th
  December, 2002, stood revived and continued to be in
  operation.

      33. Mr. Harish Salve, learned Senior Advocate, who also
  appeared for the Respondents, contended that Civil Appeal
H No.171 of 2002, filed by the State of Rajasthan against
  SALAUDDIN AHMED & ANR. v. SAMTA ANDOLAN                   421
             [ALTAMAS KABIR, J.]
Hanuman Singh Bhati & Ors., was pending before this Court,          A
but this Court had not stayed the operation of the orders either
of the Single Bench or the Division Bench. As a result, even
by sheer inaction in carrying out the directions contained in the
judgment of this Court dated 7th December, 2010, the
contemnors had violated the orders of this Court, as there was      B
no justification for the contemnors not to give effect to the
directions contained in the said order. Mr. Salve submitted that
in Maninderjit Singh Bitta Vs. Union of India & Ors. [(2012) 1
SCC 273], this Court had held that even inaction to implement
the orders of the Court amounts to disobedience within the          c
meaning of civil contempt. Mr. Salve urged that in the absence
of any stay, the contemnors ought not to have sat over the
matter, but should have taken steps to implement the directions
contained in the said order. Mr. Salve submitted that so long
as the catch up principle in terms of the Notification dated 1st
                                                                    0
April, 1997, continued to be in existence, no change could be
made in matters of promotion, unless the requirements set out
in M. Nagaraj's case were fully satisfied. Mr. Salve urged that
in the facts and circumstances of this case, contempt was writ
large on account of inaction of the contemnors in giving effect     E
to the directions contained in the judgment dated 5th February,
2010.

     34. Dr. Rajeev Dhawan, learned Senior Advocate, who
also appeared for the Respondents, approached the matter
from a slightly different angle. Arguing that the doctrine of       F
merger could not be applied to a contempt proceeding, Dr.
Dhawan referred to Kunhayammed & Ors. Vs. State of Kera/a
& Anr. [(2000) 6 SCC 359]. Dr. Dhawan urged that the doctrine
of merger depends on the facts of each case. Dr. Dhawan
submitted that even in Suraj Bhan Meena's case (supra), this        G
Court upheld the judgment of the High Court dated 5th February,
2010, without making any changes, which could have altered
the purport of the said judgment. Dr. Dhawan also contended
that so long as the "catch-up" doctrine continued to be in force
under the Notification dated 1st April, 1997, which stood           H
    422     SUPREME COURT REPORTS                   [2012] 7 S.C.R.


A   revived on account of the quashing of the Notifications dated
    28th December, 2002 and 25th February, 2008, it could not be
    contended that by appointing the Bhatnagar Committee, the
    alleged contemnors had not willfully violated the directions given
    by this Court in Sura} Bhan Meena's case (supra).
B
        35. Dr. Dhawan fairly conceded that an order may be
  violated without any willful intent to disobey the same. Referring
  to paragraph 459 of Halsbury's Laws of England, dealing with
  "unintentional disabilities", Dr. Dhawan pointed out that
  sometimes it may so happen that an order of Court is breached
C without any intention on the part of the offender to do so. Dr.
  Dhawan submitted that this could be such a case and,
  accordingly, the contemnors could be directed to purge
  themselves of the contempt by withdrawing all the Notifications,
  including the Notification dated 11th September, 2011, and
D implementing the order dated 5th February, 2010, and also to
  punish the contemnors without sentence.

        36. In order to establish that a person had deliberately and
  willfully committed contempt of Court, two essential ingredients
E have to be proved. Firstly, it has to be established that an order
  has been passed by the Court which either directs certain things
  to be done by a person or to restrain such person or persons
  from doing certain acts and that the person or persons had
  knowledge of the said order. Secondly, it has to be established
F that despite having knowledge of such order, the person
  concerned deliberately and willfully violated the same with the
  intention of lowering the dignity and image of the Court. We
  have to see whether in the facts of this case the said two tests
  are satisfied.

G      37. Admittedly, Civil Writ Petition No.8104 of 2008, along
  with several other writ petitions, were disposed of by the
  Division Bench by its judgment and order dated 5th February,
  2010, by quashing the Notifications dated 25th April, 2008 and
  28th December, 2002, issued by the State Government without
H following the exercise indicated in M. Nagaraj's case (supra).
  SALAUDDIN AHMED & ANR. v. SAMTA ANDOLAN 423
             [ALTAMAS KABIR, J.]

As has been mentioned hereinbefore, by its Notification dated          A
25th April, 2008, the Government of Rajasthan in exercise of
its powers conferred by the proviso to Article 309 of the
Constitution of India, amended the Rajasthan Various Service
Rules, as mentioned in the Schedule appended therewith, with
effect from 28th December 2002. By such amendment, the                 B
existing proviso to the Rule providing that a candidate, who had
got the benefit of the proviso inserted vide Notification dated
1st April, 1997, on promotion to an immediate higher post,
would not be reverted and his seniority would remain
unaffected, subject to the final decision of this Court in Writ        c
Petition (C) No.234/2002, was deleted. For the sake of record,
it may be indicated that before the Division Bench of the High
Court it had been conceded by the learned Advocate General
that the exercise as contemplated in M. Nagaraj's case (supra),
had not been undertaken by the State before issuing the                D
Notifications dated 25th April, 2008 and 28th December, 2002.
It is on that basis that the said two Notifications and all
consequential orders or actions taken by the Respondent State,
including preparation of seniority list of Super lime Scale and
Selection Scale Officers of the Rajasthan Administrative               E
Service, on the basis thereof, were also quashed and set aside.
While quashing the said Notifications, the Division Bench took
note of the observations made in M. Nagaraj's case (supra)
that Clause (4-A) of Article 16 was only an enabling provision
and the State\,was not bound to make reservations of
Scheduled Castes and Scheduled Tribes in the matter of                 F
promotion, but if they did wish to exercise their discretion in that
regard, the State had to collect quantifiable data showing
backwardness of the class and inadequacy of representation
of that class in public employment, in addition to compliance
with Article 335. The same not having been done, the said              G
Notifications were quashed.

     38. Inasmuch as, no further ·action was taken by the State
and its authorities after the said Notifications were quashed,
the contempt petition was filed mainly on the ground that the          H
    424      SUPREME COURT REPORTS                  [2012] 7 S.C.R.


A   State and its authorities had by their inaction in complying with
    the requirements set out in M. Nagaraj's case (supra),
    committed contempt of Court and the same was accepted and
    the Appellants herein were found guilty of having committed
    contempt of Court by such inaction.
B
       39. The next thing that we are required to consider is
  whether such inaction was on account of any circumstances
  which prevented the State Government and its authorities from
  taking action in terms of the observations made by the Division
  Bench of the High Court in its judgment dated 5th February,
C 2010, or whether such inaction was on account of the deliberate
  intention of the State and its authorities not to give effect to the
  same.

       40. The learned Attorney General, who had appeared for
D the State of Rajasthan and its authorities, had submitted that
  the Order dated 5th February, 2010, was in two parts. While
  one part dealt with the quashing of the two Notifications, the
  other was with regard to the observations made in the said
  order with regard to the directions given in M. Nagaraj's case
E (supra) for collection of the quantifiable data before giving
  effect to the provisions of Article 16(4-A) of the Constitution.
  The learned Attorney General has also emphasized that in order
  to give effect to the second part of the judgment and order of
  the Division Bench of the Rajasthan High Court and the
F directions given in paragraph 68 of the judgment in Suraj Bhan
  Meena's case (supra), the Government of Rajasthan had
  appointed the Bhatnagar Committee to obtain the quantifiable
  data to comply with the directions given in the two aforesaid
  judgments. The learned Attorney General has also pointed out
G that directions have been given to all the different departments
  on 14th February, 2011, to ensure compliance with the
  directions contained in Suraj Bhan Meena's case (supra).

       41. Although, it has been urged on behalf of the
    Respondents that there was a restraint order on the State and
H
 SALAUDDIN AHMED & ANR. v. SAMTA ANDOLAN                    425
            [ALTAMAS KABIR, J.]
its authorities from giving effect to the observations made in      A
the order passed by the Division Bench of the High Court on
dated 5th February, 2010, or even in the order passed in Suraj
Bhan Meena's case (supra), the State and its authorities
remained inactive on the plea that it had appointed the
Bhatnagar Committee to collect the data necessary in terms          B
of the judgment and order passed in M. Nagaraj's case, which
had been reiterated by this Court in Suraj Bhan Meena's case
(supra).

     42. The explanation given on behalf of the State and its
authorities cannot be discounted, since in order to act in terms    C
of the sentiments expressed by the High Court and this Court,
it was necessary to collect the quantifiable data in respect of
Scheduled Castes and Scheduled Tribes candidates. For
collection of such data, the State appointed the Bhatnagar
Committee which was entrusted with the work of obtaining such       D
quantifiable data so that the provisions of the amended Clause
(4-A) included in Article 16 of the Constitution could be given
effect to in terms of the directions given in M. Nagaraj's case
subsequently reiterated in Suraj Bhan Meena's case.
                                                                    E
     43. The various submissions advanced by Mr. Salve, Dr.
Dhawan and Mr. Sanjeev Prakash Sharma in support of the
decision of the Division Bench of the High Court, holding the
Appellants guilty of contempt of Court and, in particular, the
alleged inaction to implement the judgment and orders in M.         F
Nagaraj's case and Suraj Bhan Meena's case are not very
convincing, since in order to comply with the findings in M.
Nagaraj's case and Suraj Bhan Meena's case, necessary data
was required to be collected, in the absence of which it was
not possible for the State and its authorities to act in terms of   G
the observations made in M. Nagaraj's case and in Suraj Bhan
Meena's case (supra).

     44. Accordingly, we are of the view that despite the fact
that there has been delay on the part of the State and its
                                                                    H
    426      SUPREME COURT REPORTS                    [2012] 7 S.C.R.


A authorities in giving effect to the observations made in the two
  aforesaid cases, there was no willful or deliberate intention on
  their part to defy the orders of this Court. The very fact that the
  Bhatnagar Committee was appointed indicates that the State
  and its authorities had every intention to implement the
B aforesaid observations, though the progress of such
  implementation has been tardy. Accordingly, we are unable to
  sustain the impugned judgment and order of the Division Bench
  of the High Court holding the Appellants guilty of contempt of
  Court for purported violation of the order passed by the Division
C Bench of the Jaipur Bench of the Rajasthan High Court on 5th
  February, 2010, while disposing of the Civil Writ Petition
  No.8410 of 2008. Consequently, the judgment and order under
  appeal has to be set aside.

       45. We, accordingly, allow the appeals and set aside the
D aforesaid judgment, but with the further direction that the State
  and its authorities act in terms of the Report of the Bhatnagar
  Committee, in accordance with the decision rendered in M.
  Nagaraj's case and in Suraj Bhan Meena's case (supra), within
  two months from the date of communication of this judgment
E and order.

          46. There will be no order as to costs.

   R.P.                                             Appeals allowed.