CLCON/78/2018
2021 Latest Caselaw 3378 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
       ON THE 31ST DAY OF AUGUST, 2021
                          BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       CONTEMPT PETITION No. 78 of 2018
BETWEEN:

Aftab Alam                                 ...Petitioner
     (By Mr. T.A. Khan, Senior Advocate assisted by Mohd.
     Umar, Advocate)

AND:

Shri Gopal Swaroop Bhardwaj                ... Opposite Party

     (By Mr. J.S. Bisht, Standing Counsel)


                         JUDGMENT

1. WPSS No. 897 of 2008 filed by the petitioner was decided by learned Single Judge vide judgment dated 26.07.2017. Operative portion of the said judgment is reproduced below:-

"6. Recording aforesaid submissions of learned counsel for the parties, writ petition is disposed of by directing the respondents to consider the petitioner for appointment on the post of Asstt. Teacher (Urdu) in Primary School, under OBC category, subject to availability of such posts."

2. A supplementary affidavit has been filed enclosing therewith the order passed by District Education Officer (Elementary), Nainital on 01.02.2018. Perusal of the said order indicates that petitioner's case for appointment against the vacancy, reserved for OBC category candidate, was considered and rejected. The reason assigned for not appointing petitioner is that out of 30 vacancies (earmarked for OBC category candidates), which

were notified vide advertisement dated 29.07.2004, no vacancy is left vacant on which petitioner's case could be considered.

3. Since petitioner's claim for appointment against a vacancy, reserved for OBC category candidates, has been considered and rejected, therefore, this Court does not find it to be a case of wilful disobedience.

4. Accordingly, the contempt petition is closed. Notice issued to the opposite party is hereby discharged. However, petitioner shall be at liberty to challenge the rejection order before the appropriate forum.

(MANOJ KUMAR TIWARI, J.) Aswal