- (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 : (i) That the respondents issued an advertisement inviting applications for appointment on the post of Physical Training Instructor Grade III. In pursuance of the said advertisement, the petitioner submitted his application along with relevant particulars. After complete scrutiny of the documents, a provisional seniority list was issued in which name of the petitioner was placed at serial No. 3. (ii) That thereafter petitioner came to know that persons junior to him in the merit list had been offered appointment, but the petitioner was not given the appointment on the post of Physical Training Instructor Grade III. (iii) That against the impugned action of the respondents in not giving appointment to the petitioner, the petitioner preferred a writ petition No. 979/99. This Court's vide his order dt. 13-12-2000 (Annex. 1) disposed of the writ petition with the following observations : "They agreed that the petition is covered by decision of this Court reported in (1999) 2 Rajasthan LR 131 and thus petition is liable to be disposed of in terms of that order. It is accordingly, disposed of. (iv) For convenience operative portion of decision of this Court in the case of Ashok Kumar Sharma reported in (1999) 2 Rajasthan LR 131 is quoted hereunder : "For the reasons mentioned above, all the writ petitions are allowed with the direction that B.P. Ed. (3 years course) degree obtained by the petitioners from the recognized Universities as recognized by the UGC be considered as degree of graduation in Physical Education and all these petitioners shall be eligible for consideration for the said post along with other candidates who possess the graduate degree or equivalent to the graduate degree and the diploma in Physical Education. The respondents are directed to reconsider the cases of the petitioners as per the observations made above and prepare a merit list accordingly by treating them to be eligible for applying for the post of PTI Gr. II, and in case any of the petitioners is after consideration found to be on merit, they shall be entitled to the postings if any of the candidate less meritorious has been selected and in case the vacancies have already been filled up, in that situation, the petitioners would be offered the appointments after considerations in the vacancies which may be made available. No order as to costs." (v) That further case of the petitioner is that he produced certified copy of order dt. 13-12-2000 (Annex. 1) before the respondents, but the respondents had shown scant regard to the order dt. 13-12-2000 (Annex. 1) passed by this Court and did not give appointment to the petitioner. Hence, this contempt petition with the prayer as stated above.
(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.;