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2014 DIGILAW 3788 (MAD)

P. Gunasekaran v. Thiru Vibhu Nayar, I. A. S.

2014-10-13

R.SUBBIAH

body2014
Judgment 1. This Court, by an order dated 23.1.2014, directed the respondent herein to reserve one post of Post Graduate Assistant (Botany) for the petitioner, pending disposal of the main writ petition. 2. Now the present contempt petition has been filed by the petitioner stating that the respondent herein pursuant to the above said order, without reserving one post, had published a Provisional Selection List, after Certificate verification, wherein all the 193 posts which were notified, have been filled up except one post which has been reserved for Court case in W.P.No.2807 of 2014. In spite of the interim order of this Court passed in W.P.No.1529 of 2014, no post has been reserved. Hence, the present contempt petition has been filed by the petitioner to punish the respondent herein for violating the order of this Court dated 23.1.2014 passed in M.P.No.2 of 2014 in W.P.No.1529 of 2014. 3. The respondent has filed a counter affidavit stating that the Board has kept one post vacant in the subject Botany in pursuant to the orders of this Court. It is further stated in the counter that the Board could accommodate only the eligible candidates in the posts kept vacant as per the direction of this Court based on the merit cum Community turn. As the petitioner has not secured the eligible cut off marks to call for certificate verification, the petitioner could not be considered for the further process of selection. 4. In view of the averments made by the respondent in their counter affidavit, I do not find any willful disobedience on the part of the respondent in violating the order of this Court passed in M.P.No.2 of 2014 in W.P.No.1529 of 2014 dated 23.1.2014 and hence the contempt petition is liable to be closed. Accordingly, the above contempt petition is closed. However, liberty is granted to the petitioner to work out his remedy in the main writ petition.