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2018 DIGILAW 2516 (JHR)

Pramod Kumar Jha, son of Sri Parash Nath Jha v. Sudhir Tripathi

2018-11-22

ANIRUDDHA BOSE, SHREE CHANDRASHEKHAR

body2018
JUDGMENT : Shree Chandrashekhar, J. The petitioner alleging willful violation of order dated 11.04.2016 passed in LPA No.520 of 2015 has made the present contempt petition. 2. The learned counsel for the petitioner submits that through a query under the Right to Information Act the petitioner was informed that there are 13 unfilled vacancies in Government schools in this State, but still the petitioner was not appointed as Assistant Teacher in compliance of order dated 11.04.2016. On this basis, he alleges that the opposite-parties have rendered themselves liable for punishment under the Contempt of Courts Act, 1971. 3. Mr. Atanu Banerjee, the learned GA, however, submits that except stating that the order passed by the Letters Patent Court has not been complied by the opposite-parties the petitioner has failed to establish that the breach, if any, committed by them is willful and intentional. 4. By now all 110 posts, except one which was kept reserved for a physically challenged candidate have been filled-up. The direction issued by the Hon'ble Division Bench was to consider the case of the petitioner against the vacant post, if available, and, that too, in the stream in which the petitioner had applied. Since there is no vacancy available, the petitioner, who has secured 166 marks only and was 114 candidates below the candidate last selected in his stream (who got 178 marks), cannot be appointed to the post of Assistant Teacher. 5. Under these factual circumstances, we find no disobedience by the alleged contemnors of the order dated 11.04.2016 passed in LPA No.520 of 2015 and accordingly, this contempt case is dismissed.