- (1.) It appears to this Court that the contempt application which has been filed before this Court is of the violation of the order passed in disposing the writ petition on 11.3.2002. In the order I have directed that entire matter will be converted to an appeal and can be disposed of by the West Bengal Board of Primary Education by passing a reasoned order upon giving fullest opportunity of hearing within a period of 30 days from the date of presentation of the appeal formally. The same was not done admittedly within time. The contemnor No. 1, having been present before this Court, tendered unconditional apology by saying that the order was passed according to the direction of this Court but it was out of time. Therefore, the same may be condoned upon acceptance of unconditional apology.
(2.) Mr. Das, learned Senior Counsel appearing on behalf of the petitioners contended before this Court that the order for which the contempt lies is in respect of passing of an order by the West Bengal Board of Primary Education but not by any individual, either the President or the Secretary. But it appears from the communication of this order dated 29.10.2003 that the same was passed by the Secretary which was ratified by the President. Therefore, such order cannot be an appropriate compliance of the order of this Court. That apart, from an interim order passed by this Court an appeal was preferred when the appeal Court held that the process of recruitment might go on keeping 3% of posts of physically handicapped persons vacant. It appears from the alleged order that in spite of such direction and in spite of statutory provision for reservation of 3% Council reserved 2% of vacancies.
(3.) Mr. Mukherjee, learned Counsel appearing for the contemnor contended before this Court, good, bad, indifferent, an order has been passed. Therefore, no contempt lies as against the contemnor. He submitted that the appeal committee under Section 91 of the West Bengal Primary Education Act 1973 is empowered to decide certain categories of dispute. This is not such dispute which can be preferred to the appeal committee. As because they were not parties to the original writ, they had no opportunity to address the Court on that score. This type of dispute can be resolved only under Rule 31 of the Recruitment and Leave Rules of Primary Teachers. That apart, of the Act gives powers and functions of the Board whereunder excepting the residuary no other power is entrusted and/or given to the Board to consider. However, the President has an emergency power as per Section 20(2) of the Act.;