[2023:RJ-JP:31168]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Contempt Petition No. 226/2019
In
S.B. Civil Writ Petition No.17450/2017
Naresh Kumar S/o Shri Raghvir Singh, Aged About 38 Years, R/o
Nayasarana, Doomroli, Behror, District Alwar, Rajasthan.
----Petitioner
Versus
1. Shri Ashutosh A.T. Pednekar, Secretary, Department Of
Panchayati Raj And Rural Development, Secretariat,
Government Of Rajasthan, Jaipur.
2. Vinay Kumar Nagayach, Chief Executive Officer, Zila
Parishad District Alwar Rajasthan
3. The State Of Rajasthan, Through Its Secretary,
Department Of Panchayati Raj And Rural Development,
Secretariat, Government Of Rajasthan, Jaipur.
----Respondents/Contemnors
For Petitioner(s) : Mr. Pawan Sharma for Mr. Ravi Shanker Sharma For Respondent(s) : Mr. S.S. Raghav, AAG with Mr. Ajay Singh Rajawat Mr. C.L. Saini, AAG with Ms. Srijna Shreshth HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 20/10/2023 This contempt petition has been filed alleging wilful disobedience of the order dated 31.01.2018 whereby, this Court directed that if seats of physically handicapped persons are found vacant in the year 2013 which could not be filled up by their respective categories in the year 2012, then the petitioner shall be given appointment appropriately in accordance with their merit by (Downloaded on 11/11/2023 at 08:57:54 PM) [2023:RJ-JP:31168] (2 of 2) [CCP-226/2019] giving effect to the inter-change amongst the physically handicapped persons.
Learned counsel for the petitioner submits that despite availability of unfilled vacant seat of the year 2012 under the Physically Handicapped Quota, the respondents have not given him appointment as per his merit. He, therefore, prays that the respondents may be directed to purge the contempt and they may also be punished suitably.
Per contra, learned counsel for the respondents, inviting attention of this Court towards the contents of para no.2 of the reply filed by them, would submit that there were four vacancies in the year 2012 of Teacher Grade-III (Level-II) subject Hindi under the Physically Handicapped Quota and all four seats were filled in by such candidates. He submits that since, there was no unfilled seat of 2012 available for consideration of petitioner's candidature, the contempt petition deserves to be dismissed.
Heard. Considered.
In view of non-availability of any unfilled vacancy of the Physically Handicapped Quota seat of the year 2012 in the year 2013, no contempt is made out.
The contempt petition is dismissed accordingly. Notices are discharged.
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