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2021 Supreme(SC) 959

A.M.KHANWILKAR, SANJIV KHANNA
Commissioner/Secretary to Govt. Education Department, Jammu and Kashmir – Appellant
Versus
Mohd. Amin Waza – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. G.M. Kawoosa, Ms. Taruna Ardhendumauli Prasad, Mr. M. Shoeb Alam.
For the Respondents: Ms. Sanjana Saddy, Mr. Shakeel Sarwar Wani, Ms. Anindita Mitra.

ORDER :

1. Leave granted.

2. Heard learned counsel for the contesting parties. The contempt action was initiated by respondent no. 1-original writ petitioner in reference to the order passed by the High Court dated 24.05.2011 in SWP No. 2560 of 1998.

3. The direction given by the High Court to the Department was to merely consider the case of respondent no. 1-writ petitioner (Mohd. Amin Waza) for appointment on the post of teacher against any available vacancy.

4. It is not in dispute that the JK Services Selection Board did consider the case of respondent No. 1 and passed order dated 13.09.2011 (Annexure P-5). In terms of that order, the claim of respondent no. 1 to the post of teacher against available vacancy came to be rejected on the ground that respondent no. 1 had obtained only 34.75 points as against the last selected candidate in OM Category having 49.83 points. The correctness of that view taken by the Board has not been challenged.

5. In the Contempt Petition filed by respondent no. 1 before the High Court, however, it was urged that the Department did not comply with the observations made by the High Court vide order dated 24.05.2011, fully, much less, in its letter and spir

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