S L SAILOVA Vs. PRITAM DASS

JUDGEMENT

(1.) THE appellant, the then chairman, Jammu and Kashmir State Subordinate Service Recruitment Board has filed this appeal against the order made by the Learned Single Judge in COA (w) No. 16 -A /1996, decided on

(2.) -11 -1998, whereby respondents 3 and 4 were held liable to be punished under the provisions contained in the contempt of the Courts Act and were fined Rs 1000/ - each (in default of payment of fine, fifteen days civil prison). 2. At the time of hearing, we were taken through the judgement dated 25 -10 -1993, delivered by the Learned Single Judge in OWP No. 78/1989 and OWP No. 1141/1989. The said Judgement was challenged by preferring Letters patent Appeal and therefore we were taken through the Judgement of Division Bench delivered in LPA (sw) No. 348/1993, decided on 20 -12 -1994.

(3.) ACCORDING to the original petitioners who are respondents herein, fresh consideration on preferential basis was the criteria on which they were required to be appointed as teachers under the Border Development Area Scheme. According to the learned counsel appearing for the original petitioners, though in view of the order made by the court, they were called for interview by the Selection Committee on 13th and 14th Nov. 1995 but were not given the treatment on the preferential basis and, therefore, it was a clear case of contempt and the learned Single Judge rightly arrived at a conclusion. Learned Counsel for the original petitioners also pointed out that the Learned Single Judge has taken into consideration the dictionary meaning, no preferential treatment was given.