BANGSHIBADAN NANDI Vs. JNAN SANKAR MITRA

JUDGEMENT

(1.) This contempt application has been made by the petitioners for alleged wilful disobedience of the order dated 6th January, 2000 passed by the Court. The alleged contemnors are the named Chairman of the concerned District Primary School Council and the named District Inspector of Schools (Primary Education) of the concerned District of West Bengal.

(2.) The original order dated 6th January, 2000 has two parts. The first part is for making a separate panel of the ex-census employees by the Employment Exchange and forwarding the names accordingly for the purpose of interview and appointment. The second part is that in view of a Division Bench judgment being 1997(1) CLJ 501 (Ratan Kumar Saha & Ors. v. State & Ors.) the Chairman of the concerned Council will consider the respective cases of the candidates sympathetically about age bar as there was no fault of the petitioners in this respect. It was also held that such order of the Division Bench has a binding effect upon this Court.

(3.) According to me, there is no dispute with regard to formation of separate panel by the Employment Exchange and forwarding the same. The whole contention of the alleged contemnors is that there is no wilful disobedience and/or violation of the order of the Court since the Division bench judgment being 1997(1) CLJ 501 (supra) became per incuriam in view of the subsequent Division Bench judgment and order of this Court.