2012 (8) TMI 1231 - SC - Indian Laws

Summary

Issues Involved:
1. Violation of High Court orders regarding reservation and seniority.
2. Compliance with the M. Nagaraj judgment.
3. Validity of retrospective application of reservation policies.
4. Contempt of Court by State authorities.

Summary:

Violation of High Court Orders:
The appeals arose from a common judgment by the Rajasthan High Court, which found the alleged contemnors guilty of contempt for violating an order dated 5th February 2010. The Division Bench had quashed notifications dated 28th December 2002 and 25th April 2008, which were issued without following the principles laid down in M. Nagaraj v. Union of India.

Compliance with M. Nagaraj Judgment:
The M. Nagaraj case required the State to collect quantifiable data on backwardness and inadequate representation before implementing reservation in promotions. The State of Rajasthan had not undertaken this exercise before issuing the notifications, leading to their quashing by the High Court. The State subsequently appointed the Bhatnagar Committee to collect the necessary data, which was submitted on 19th August 2011. The Supreme Court noted that the State's delay in implementing the High Court's order was due to the need for this data collection.

Validity of Retrospective Application:
The retrospective application of reservation policies was challenged. The High Court had quashed the notifications for not adhering to the conditions set in M. Nagaraj. The State's attempt to implement the notifications retrospectively was also found to be in violation of the High Court's order.

Contempt of Court by State Authorities:
The High Court found the State authorities guilty of contempt for not implementing its order dated 5th February 2010. The Supreme Court, however, concluded that the delay in compliance was not willful or deliberate but due to the necessity of collecting quantifiable data. The Court emphasized that the State had shown intent to comply by appointing the Bhatnagar Committee.

Conclusion:
The Supreme Court set aside the High Court's judgment holding the appellants guilty of contempt. It directed the State to act on the Bhatnagar Committee's report in accordance with the decisions in M. Nagaraj and Suraj Bhan Meena within two months. No costs were imposed.