Mohd. Javed vs R.K. Kunwar And Others

Manoj Kumar Tiwari, J

Writ Court had decided petitioner's writ petition in terms of judgment rendered in WPSS No. 1765 of 2016. In WPSS No. 1765 of 2016, Writ Court had issued the following direction:-

"29. All the same, the second prayer of the petitioner which is for quashing of the advertisement although cannot be granted at this stage as this Court has been informed that the selection process has already been completed and required candidates have already been selected and appointed. However, considering that the petitioner stands to be qualified, a further mandamus is hereby issued to consider the candidature of the petitioner treating him to be qualified on the basis of his two years Diploma in Elementary Education, which he has obtained from outside the State. The State must examine the certificate of the petitioner and all the qualifications and if they are in order, grant him appointment order forthwith. It is made clear that the appointment of the petitioner shall also be from the same date as is given to those candidates who have been selected in the selection process. It is further made clear that the petitioner shall get the salary from the date he joins an institution and shall not be entitled for backwages."

Alleging wilful disobedience of the direction issued by Writ Court, petitioner has filed this contempt petition.

In the response affidavit, stand has been taken that since petitioner was not a graduate on the date of submission of application for the vacancies in question, therefore, he could not be considered for appointment.

Since the recruitment Rules provides Graduation as the minimum educational qualification, therefore, in the absence of such qualification, it cannot be said that respondents have violated the order of Writ Court by not considering the petitioner for appointment.

Accordingly, contempt petition is closed. Contempt notices issued to the respondents are hereby discharged.