- (1.) In the instant contempt application, it has been alleged that the order passed by Mohitosh Majumdar, J. (as His Lordship then was) on 9th April, 1991 in C.O. 4651 (W) of 1991 has been wilfully and deliberately violated by the alleged contemnor. The said order dated 9th April, 1991 passed by Mohitosh Majumdar, J. is set out hereunder: Considering the facts and circumstances of the case as also the grievance of the petitioner as urged by Mr. Ganguly and the submissions made by Mr. Paresh Chandra Dutta, learned Advocate appearing for the respondents I deem it fit and proper to dispose of the matter by the following order: Let the names of the writ petitioners be included in the next panel for the purpose of appointment in the post of primary teachers. Mr. Dutta, learned Advocate for the respondents, however, does not admit any of the allegations made in the writ application. The writ application is thus disposed of. There will be no order as to costs.
(2.) The learned Counsel of the petitioners submitted that the alleged contemnor in spite of having knowledge of the aforesaid order wilfully and deliberately violated the same by not including the names of the petitioners in the next panel prepared for the purpose of appointment to the post of Primary teacher.
(3.) The alleged contemnor, Sri Anil Charan Biswas in his affidavit filed in connection with the contempt application stated that in the year 1999, a panel was prepared on the basis of a written test held on April 18, 1999. The petitioners herein were also called along with others for appearing at the aforesaid written test conducted by the Council but the said petitioners were unsuccessful and, therefore, could not be empanelled for appointment as Primary teacher. The petitioners are admittedly, untrained candidates and no panel, according to the alleged contemnor, was prepared for untrained candidates after the order passed by this Court on April 9, 1991 till 1999.;