Pankaj Kumar vs Dr. Bhupendra Kaur Oaulak & Others

Manoj Kumar Tiwari, J

WPSS No. 2170 of 2017 filed by the petitioner was decided in terms of the judgment rendered in terms of WPMS No. 1871 of 2017. Operative

portion of the judgment dated 09.10.2017 rendered in WPMS No. 1871 of 2017 is reproduced below:-

“6. In view of the above, the writ petitions are allowed. A mandamus is hereby issued to the respondent authorities that where the process has

been completed and recommendation has been given to the Education Authority, let the recommendation be acted upon.

It is, however, made clear that this Court has only observed that Model Code of Conduct will not come in their way. It does not mean that if there

is any other shortcoming or illegality in the selection process, the respondent authorities will in any manner be restrained from passing appropriate

orders. However, let the needful be done as expeditiously as possible but preferably within a period of four weeks from the date of production of a

certified copy of this order.â€​

In this contempt petition, it is alleged that the order passed by Writ Court has not been complied with.

A response affidavit has been filed by Dr. Bhupinder Kaur Aulakh, Secretary, Department of Education, Dehradun. In para 4 of the said affidavit,

it has been stated that process of selection was not completed nor recommendation of the Selection Committee was sent to the Education Authorities,

therefore, petitioner cannot claim any benefit of the judgment rendered by Writ Court.

This Court finds substance in the said averments made on behalf of the opposite party. Since the selection for the post in question was not

concluded, therefore, opposite parties was under no legal compulsion to proceed with the matter.

Accordingly, the Contempt petition is closed. Notices issued to the opposite parties are hereby discharged.