RAJ KUMAR BIRLA Vs. S N THANVI

JUDGEMENT

(1.) This contempt petition has been filed by the petitioner under Sec. 12 of the Contempt of Courts Act, 1971 against the respondents with a prayer that the respondents to be punished for committing contempt of this Court's order dated 13-12-2000 (Annex. 1) passed in S.B. Civil Writ Petition No. 979/99.

(2.) The facts narrated in the contempt petition are as under :

(3.) Reply to the contempt petition was filed by the respondents and their case is that since the petitioner was not possessing the requisite qualifications as were specifically mentioned in the advertisement (Annex. 5 to the writ petition), therefore, the petitioner was not entitled to get appointment on the post of Physical Training Instructor Grade III. It was further submitted by the respondents that the degree/diploma obtained by the petitioner was not from the Institution recognized by the National Council for Teacher Education as in the advertisement it was clearly stated that the candidate should possess the degree/diploma from such Institution which was recognized by the National Council for Teacher Education. The further case of the respondents is that the order dt. 13-12-2000 (Annex. 1) passed by this Court was considered and by order dt. 22-4-2002 (Annex. R/1), the petitioner was informed that he would not be appointed on the post of Physical Training Instructor Grade III for the reason that he had acquired degree of B.P.Ed. from Narayanrao Patil Vasade College of Physical Education, Chandrapur which was not recognized by the National Council for Teacher Education.