Allahabad High Court
SANJEET SINGHversusMS. RACHANA SHAH AND ANOTHER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court held that there was no willful defiance of the earlier order and therefore dismissed the contempt application.
Summary
The petitioner, Sanjeet Singh, filed a contempt application alleging that the respondents, including the Delhi Police, willfully defied the High Court order dated 30 July 2026 which had set aside the cancellation of his candidature and directed that he be allowed to appear in the next stage of the Head Constable examination. The court examined the instructions issued by the Deputy Director (Legal) and the SSC corrigendum dated 3 September 2026, which provisionally allowed the petitioner and 50 other candidates to participate in the Physical Endurance & Test, subject to the issuance of admit cards by the Delhi Police. The respondents submitted that the candidature had been restored and the petitioner would be permitted to sit for the written examination, indicating compliance with the earlier order. The court found no evidence of willful defiance of the 30 July order, noting that the provisional allowance and the respondents' statements demonstrated adherence to the court’s direction. Consequently, the contempt application was consigned to the record and dismissed.
Issues considered
- Whether the respondents' actions constitute willful defiance of the High Court order dated 30 July 2026 directing the petitioner’s participation in the examination.
- Whether the SSC corrigendum and the Deputy Director’s instructions satisfy the court’s mandate, thereby negating contempt.
- Whether the contempt application should be dismissed.
Subjects
- civil contempt
- contempt of court
- writ petition
- recruitment examination
- SSC corrigendum
- Delhi Police
- court order compliance
- provisional allowance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6140 of 2026
Sanjeet Singh
.....Applicant(s)
Versus
Ms. Rachana Shah And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Umesh Prasad Singh
Counsel for Opposite Party(s) : Shiv Kumar Pal
Court No. - 53
HON'BLE VIKAS BUDHWAR, J.
1. The present contempt application has been preferred alleging willful
defiance of the order dated 30.07.2026 passed in Writ-A No. 10449 of 2026,
order whereof is quoted hereinunder.-
"1. This writ petition has been filed seeking following relief :- "issue a
writ, order or direction in the nature of certiorari, calling for the record
of the case and quashing the impugned action/order dated 22.06.2026
passed by the respondent no.2 (Annexure No. 8 to this Writ Petition)
based on the Post-Examination Statistical Analysis Report, whereby the
candidature of the petitioner has been cancelled and the petitioner has
been restrained from appearing in the next stage of the Examination-
Physical Endurance & Test (PE&MT)/Document Verification (DV)/Trade
Test (Skill Test) of Delhi Police Head Constable (Ministerial)
Examination,
issue a writ, order or direction in the nature of mandamus, commanding
and directing the respondents to permit the petitioner to appear and
participate in the next stage of aforesaid recruitment process and also
directing the respondents to keep one post vacant in the said
Cadre/Category for which the petitioner has applied, during the pendency
of present writ petition, so that the right of the petitioner are not render
infructuous."
2. Copy of the order dated 23.7.2026 has been placed by Shri Shiv Kumar
Pal, learned A.S.G.I. before this Court and the same is taken on record.
3. Candidature of the petitioner was cancelled, prior to that, a notice was
CAPL No. 6140 of 2026
2
issued to the petitioner and a reply was filed by the petitioner against the
notice issued to him. After considering the reply of the petitioner,
petitioner has been exonerated on charges levelled against him by order
dated 23.7.2026.
3. Since the petitioner has been exonerated, now there is no impediment
in permitting the petitioner to appear in next stage of examination which
is to he held from 19.8.2026.
4. The writ petition is accordingly allowed. The order dated 22.6.2026
passed by respondent no.2 is hereby set aside. Respondents authorities
are directed to permit the petitioner to appear in next stage of
examination which is to be held from 19.8.2026."
2. Today, instructions have been produced which is quoted hereinunder.-
"Subject: CAPL No. 6140/2026 filed by Shri Sanjeet Singh against order dated
30.07.2026 before Hon'ble High Court, Allahabad
Sir,
With reference to the subject mentioned above, it is informed that the Applicant, Shri
Sanjeet Singh is a candidate of Head Constable (Ministerial) in Delhi Police
Examination-2025.
2. It is submitted that SSC(HQ) vide Corrigendum dated 03.09.2026 has provisionally
allowed 51 candidates including the petitioner (whose results were not processed
earlier on the basis of suspicion of malpractice as per para 7 of the result write-up
dated 05.06.2026) to participate in the PE&MT in compliance of Hon'ble CAT New
Delhi interim order dated 20.08.2026 passed in OA No. 2671/2026. A copy of
corrigendum dated 03.09.2026 is attached herewith for reference.
3. It is submitted that the candidates via corrigendum dated 03.09.2026 were advised
to visit the website of Delhi Police https://delhipolice.gov.in/ regularly regarding the
schedule and issuance of the admit certificates for the PE&MT.
4. Further it is submitted that the Commission has already published the corrigendum
dated 03.09.2026 and has provisionally allowed all such candidates (including
petitioner) to appear in the next stage of the examination. However, the issuance of
admit cards and conduct of PE&MT is the sole responsibility of User department i.e.
Delhi Police and the Commission has no role with respect to the same.
CAPL No. 6140 of 2026
3
5. In light of the above, it is requested to defend the interests of the Commission before
Hon'ble Court and keep this office updated with the progress of the case.
Encl. as above
Yours faithfully,
Deputy Director
(Legal)"
"CORRIGENDUM
Head Constable (Ministerial) in Delhi Police Examination, 2025
F.No HQ-C-3016/1/2026-C-3 Candidates may please refer to Para 7 of the result
write-up dated 05.06.2026 regarding non-processing of the results of 51 (Fifty-One)
candidates due to having indulged in malpractices.
2. In this connection, in compliance with the directions of the Hon'ble CAT, Principal
Branch, New Delhi, vide interim order dated 20.08.2026 passed in O.A. No.
2671/2026 and connected matters, the aforesaid 51 (Fifty-One) candidates are
provisionally allowed to participate in the PE&MT. Such provisional participation
shall, however, remain subject to the final outcome of the present Original
Applications and shall not create, confer, or vest any indefeasible right in favour of
the applicants, either in respect of their selection or appointment.
3. Candidates are advised to follow the website of Delhi Police (i.e.,
https://delhipolice.gov.in/ ) regarding the schedule and issuance of Admission
Certificates for the PE&MT.
3. All other terms and conditions of the result write-up dated 05.06.2026 shall remain
unchanged.
Under Secretary to the Government of India
03.09.2026"
3. A bare perusal of the instructions would reveal that a stand has been taken
that when the examinations are held, the applicant would be permitted to
participate.
CAPL No. 6140 of 2026
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4. Sri S.K. Pal, who appears for the opposite party, as per instructions
received from his client, submits that the candidature of the applicant stands
restored and now he would be permitted to participate in the written
examination.
5. In view of the above, the present contempt application is consigned to
record.
(Vikas Budhwar,J.)
September 24, 2026
Rajesh
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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