MOMINUL ISLAM Vs. SM. DEBALINA CHATTERJEE AND ORS.

JUDGEMENT

(1.) Rule issued in this contempt application is taken up for hearing. Mr. Sanyal, learned advocate appears on behalf of alleged contemner no. 2 and submits, direction made for appointment to be given, upon compliance with all formalities, to applicant was on view taken of submissions made and recorded in order dated 22nd December, 2015. He emphasizes, submissions made on behalf of Madrasah Service Commission was that if there is a vacancy petitioner will be appointed. According to him purport of this submission is and can only be in relation to notified vacancy. In event there was notified vacancy, in compliance of required formality recommendation would be made for appointment to follow. Submission made on behalf of the Commission cannot be interpreted otherwise than what he submits. Thus there was no direction upon his client and no question arises of deliberate or willful violation. On query from Court Mr. Sanyal submits, order dated 22nd December, 2015, directions in which are alleged to be violated, was not an order passed on concession.

(2.) He relies on several judgments:

(3.) In adjudicating this contempt rule issued on admission of contempt application alleging deliberate and willful of violation of directions in order dated 22nd December, 2015, it is said order that must be looked into. Perusal of the order reveals direction made was based on submissions made by parties. On behalf of applicant/writ petitioner it was submitted, there were four vacancies in concerned Madrasah out of which three were notified and one omitted by mistake. Further submission was, in any event the notification was of no effect by reason of order dated 9th December, 2015, by Division Bench of this Court in appeal, striking down West Bengal Madrasah Service Commission Act, 2008. Applicant had submitted, he was in second category of candidates, those awaiting appointment. This second category submission was made on basis of extract from said order dated 9th December, 2015 reproduced in order dated 22nd December, 2015. The said extract is reproduced below: