CLCON/195/2018
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               Office Notes,
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SL.           or proceedings
      Date                                       COURT'S OR JUDGES'S ORDERS
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                                 CLCON No. 195 of 2018
                                 Hon'ble Manoj Kumar Tiwari, J.

Mr. Nalin Saun, learned counsel for the petitioner.

Mr. J.S. Bisht, learned Standing Counsel for the State of Uttarakhand.

Petitioner applied for the post of Assistant Teacher L.T. Grade (Hindi) in a Government Aided Institution. Since the selection was stalled on account of enforcement of Model Code of Conduct due to impending Assembly Election, therefore, he filed WPSS No. 3255 of 2017.

The said writ petition was decided in terms of judgment rendered in WPMS No. 1871 of 2017. Relevant extract of judgment rendered in WPMS No. 1871 of 2019 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.

7. 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."

Alleging wilful disobedience of the order passed in WPSS No. 3255 of 2017, petitioner has filed this contempt petition.

It is contended that despite the order passed in favour of petitioner, he has not been appointed so far.

Learned Standing Counsel for the opposite parties was asked to get instructions. Today, learned Standing Counsel has produced in Court written instructions received from the Office of Chief Education Officer, Dehradun. Based on the said instructions, Mr. J.S. Bisht, learned Standing Counsel for the opposite party submits that petitioner was placed at serial no. 2 in merit list by Selection Committee, therefore, the grievance raised by petitioner do not exist. He further points out that the only direction was to take the selection process to its logical end, which has now been taken, therefore, he submits that this is not a case of wilful disobedience of writ court.

This Court finds substance in the submission of learned Standing Counsel for the opposite party. Since petitioner is placed at serial no. 2 in the select list, therefore, he cannot be appointed in place of serial no. 1 candidate.

Accordingly, contempt petition is closed. Notice issued to the opposite party is hereby discharged.

(Manoj Kumar Tiwari, J.) 20.03.2023 Aswal