Court No. - 7
Case :- CONTEMPT APPLICATION (CIVIL) No. - 7639 of 2019 Applicant :- Vinay Kumar Pandey Opposite Party :- Ravindra Singh, Principal, District Institute For Education And Training And 2 Others Counsel for Applicant :- Agnihotri Kumar Tripathi Counsel for Opposite Party :- Yatindra,Bhanu Pratap Singh,Yatindra
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicant, learned counsel for the opposite party and perused the record.
In compliance of the order of writ Court the authority concerned has passed the order on 28th July, 2021, a copy of which has been served upon the learned counsel for the applicant.
Sri Yatindra, learned counsel for the opposite party submits that authority concerned has considered the claim of the applicant in the light of the judgment of this Court passed in Writ- A No.- 24099 of 2018 and finally rejected the claim as no vacancy has been found to be vacant to accommodate him in any other districts. Insofar as the district Maharajganj is concerned the vacancy therein stood filled up on account of first round of counseling and consequential adjustment.
In the second counseling though the applicant was permitted to participate but there was no vacancy in the district concerned and in the three districts, namely, Mathura, Kannauj and Sitapur where merit of the applicant was higher to the candidates selected, vacancies have already been filled in and admittedly those districts were not in preference of the applicant.
In the considered opinion of the Court the claim of the petitioner since has come to be rejected, it is required to be judged on merit in appropriate proceedings where order passed can be quashed by a writ of certiorari. Insofar as the contempt is concerned, a valid defence has been taken that a decision has been taken upon the claim of the applicant- petitioner.
In view of the above, no cause of action survives to maintain the contempt application and thus the notices are discharged.
Accordingly, the contempt application is consigned to records.
Liberty always rests with the applicant to challenge the order passed by the authority in appropriate proceedings at appropriate forum.
Order Date :- 29.7.2021 Atmesh