SANJAY MAUD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY the instant writ petition, petitioner seeks directions to the respondents to comply with the order passed by this Court on 30-11-99 in SBCWP No. 3750/1999 and 86 connected writ petition.

(2.) THE facts and circumstances giving rise to this case are that the petitioner has to his credit the Degrees of B. Ed. from Barkatulla University, Bhopal (M. P. ). In pursuance to the advertisement issued by respondents No. 2 and 3 for recruitment and appointment on the post of Teachers Grade III, the petitioner submitted his application. His name was shown in the provisional select list but ultimately his name was deleted from the final merit list on the ground that he had passed the B. Ed. examination through correspondence course from the aforesaid university. He approached this Court by way of filing SBCWP No. 3446/1999 seeking direction for his appointment on the post in question. THE learned Single Judge allowed the said writ petition alongwith 86 other petitions, vide Order dated 30-9-1999 (Annx. 1 ). THE respondents neither filed appeal challenging the order passed by this Court, nor have they complied with the said order, therefore, petitioner has, now, preferred this writ petition for execution of the order Annx. 1.

(3.) THE legislature, in its wisdom, has created a special forum for it and the petitioner ought to have resorted to it within limitation under the provisions of Contempt of Courts Act and if it had expired, under the provisions of Article 215 of the Constitution of India within reasonable period thereafter. In exercise of the contempt jurisdiction, the Court not only has the power to punish the contemnor but also to enforce the order passed by it.