SANTOSH KUMARI Vs. K.K. KHANDEWAL

JUDGEMENT

(1.) This contempt petition filed under Section 10 and 12 of the Contempt of Courts Act, 1971, complains violation of the directions issued by a Division Bench of this Court on 7.4.2005 while disposing of C.W.P. No. 13459 of 2004. The Division Bench has directed the respondents to declare the result of provisional interview of the petitioner. It was further ordered that in case she was found to be selected on the basis of the provisional interview, then necessary consequential relief was also to be given to her. This petition has been filed with the allegation that the aforementioned directions have not been complied with.

(2.) In response to the notice to show cause, in the affidavit filed on 20.1.2006, the respondent took the stand that the petitioner has secured 45.8 marks whereas the last selected candidate has secured 53.13 marks. It was, therefore, deposed that the petitioner was not entitled to be selected for the post of Sanskrit Teacher under handicapped quota due to low merit.

(3.) The affidavit filed by the respondent has been controverted by filing the counter affidavit of the petitioner that true facts have not been disclosed. It has been asserted and there were total 11 posts for handicapped category of Sanskrit Teacher which were advertised and 4 posts were meant for Deaf Handicapped Category. The claim of those candidates who possessed essential qualification was required to be considered first and those who possessed alternative qualification in contradiction to essential qualification was to be considered only if the candidate possessing essential qualification were not available. The petitioner has placed on record a copy of the writ petition as well as a photocopy of the reply filed by the State (P-4 and P-5). As the details of candidates possessing essential qualification and those possessing alternative qualification have not been disclosed it was not possible to conclude that the petitioner was lower in merit because her merit could not be compared with those who had preferential qualification.