- (1.) THE present contempt petition has been preferred in gross and deliberate violation of order passed by this Court dated 27 th January, 2010 in W.P.(S) No. 4752 of 2008.
(2.) COUNSEL for the petitioners has drawn attention of this Court in detail upon the aforesaid order and direction given in paragraph11 and 12, which read as under: "11. Thus, there is a gross violation of the right of equality, vested in the petitioners under Article 14 of the Constitution of India as well as the right, vested in the petitioners under Article 16 of the Constitution of India and, therefore, I hereby quash and set aside Clause 4 of the notification, issued by the respondents dated 28th September, 2007 at Annexure 5 to the memo of petition and I hereby direct that the redesignated Demonstrators, who are having requisite qualifications or those, who are possessing statutory qualification and eligibility for the teaching posts, which is known as Lecturer, as per Jharkhand State Universities Act, 2000, shall be considered for the posts of Lecturers. 12. It is made clearer by the learned counsel for the petitioners that their highest claim in this writ petition is that if they are duly qualified and eligible for appointment to the post of Lecturers, they must be considered and Clause 4 of the impugned order/notification dated 28th September, 2007, which is at Annexure 5 to the memo of petition, may be quashed and set aside. This contention has been accepted by this Court. Clause 4 of the impugned order/notification dated 28th September, 2007, which is at Annexure 5 to the memo of petition, is hereby quashed and set aside, in view of the facts, reasons and judicial pronouncements, and if the petitioners/redesignated Demonstrators are, otherwise eligible and qualified for appointment to the posts of Lecturers, I hereby direct the respondents to consider the claim of these petitioners for appointment to the posts of Lecturers, subject to availability of the posts of Lecturers, as early as possible and practicable, preferably within a period of 16 weeks from the date of receipt of a copy of the order, passed by this Court." It is submitted by the counsel for the petitioners that this order has not been challenged in Letters Patent Appeal by the opposite parties. Thus, this order has attained its finality. The opposite parties are deliberately not obeying the order passed by this Court and therefore, they have committed contempt of this Court.
(3.) COUNSEL for opposite partyUniversity submitted that they have accepted the claims of the present petitioners and those who are eligible for the post of Lecturers their files have been sent to the Jharkhand Public Service Commission as required under Section 57A of the Jharkhand Universities Act, 2000 for promotion on the post of Lecturers from the post of redesignated Demonstrators.;