PURNIMA SAHA Vs. SUSHIL KUMAR, IAS

JUDGEMENT

(1.) Heard Mr. Somik Deb, learned counsel appearing for the petitioners as well as Mr. A. K. Bhowmik, learned Advocate General assisted by Mr. R. Datta, learned counsel appearing for the respondents.

(2.) The petitioners by filing this petition under Sec. 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India have urged this court to draw up the contempt proceeding against the respondents for demonstrating wilful disobedience to the judgment and order dtd. 9/6/2017 delivered in W.P.(C) No.251 of 2012 and the order dtd. 15/11/2017 delivered in Rev. Petition 28 of 2017. For purpose of placing the relevant fact it would be apposite to appreciate the direction initially passed by the judgment and order dtd. 9/6/2017 in W.P.(C) No.251 of 2012. From the said judgment, a clear undertaking by none other than the Advocate General of the state has emerged:

(3.) It is apparent that the writ petitioners No.1, 4, 6 and 10 were not mentioned in the direction for the reasons that the counsel for the writ petitioners No.4 and 6 had submitted that they were not having the required minimum qualification for appointment to the post of Assistant Teacher (Science). The petitioner No.4 had failed to secure the bachelor degree in Science as she got 'compartmental' and there was no proof that she had cleared the said examination. The petitioner No.6 had the bachelor degree in Arts and hence she could not be considered for appointment as the Assistant Teacher (Science). So far the petitioner No.10 is concerned the said petitioner got an appointment in the post of Tehshilder and thus she had decided not to pursue any relief as claimed in the writ petition. The petitioner No.1 had been struck off from the array of the parties as she got an appointment as the Lower Division Clerk (LDC). Later on, the petitioners No.4 and 6 by filing the Rev Pet. No.28 of 2017 had approached this court on pressing that the statement of their counsel as made in the course of the hearing was without any substantive instruction inasmuch as both of them have got the basic qualification of Bachelor of Science (B.Sc.) and hence they were eligible for consideration for the post of Assistant Teacher (Science).