CLCON/383/2017
2021 Latest Caselaw 2972 UK

     IN THE HIGH COURT OF UTTARAKHAND
                        AT NAINITAL
          ON THE 10TH DAY OF AUGUST, 2021
                           BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

        CONTEMPT PETITION NO. 383 OF 2017

BETWEEN:
       Gambhir Singh Khatri                      ......Petitioner
       (By Mr. Sanjay Bhatt, Advocate, holding brief of Mr. Prem
       Prakash Bhatt)


AND:
       Shri Hari Singh.                      ....Respondent
       (By Mr. Mukesh Kapruwan, Advocate)


                          JUDGMENT

Heard learned counsel for the parties.

2. Petitioner had filed Writ Petition (S/S) No. 1746 of 2016 against denial of marks for question nos. 132 & 144. It was the contention of the petitioner that answer given by him are correct, but, due to error in the answer-key, petitioner was wrongly denied marks for these two questions. The writ petition was allowed by Writ Court vide judgment dated 06.03.2017 and the following directions were issued:-

"10. In view of the aforesaid, the writ petition is allowed. Let the petitioners be treated as selected candidates and their names be sent and appointment be given to the petitioners forthwith.

11. However, it is made clear that the selection and appointment of the petitioners will not result in any disturbance to any of the candidates, who have already been selected or appointed. This Court has further been informed that there are vacancies already existing for the post of Assistant Teacher, L.T. Grade, on which the petitioners should be adjusted."

3. Alleging wilful disobedience of the said judgment, this Contempt Petition is filed.

4. Learned counsel appearing for the respondent submits that marks for the question nos. 132 & 144 were given to the petitioner pursuant to judgment of Writ Court. This fact has not been disputed by Mr. Sanjay Bhatt, learned counsel appearing for the petitioner also.

5. Having regard to the facts of the case, this Court is of the considered opinion that the order passed by Writ Court stands complied with.

6. Accordingly, Contempt Petition is closed. Contempt notice issued against respondent is hereby discharged.

(MANOJ KUMAR TIWARI, J.) Navin