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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Kirti Bhushan - Appellant
Versus
Minakshi Sundaram & Ors. - Respondents
Contempt Petition No. 107 of 2019
Decided On : 21-10-2021
Appointment - Assistant Teacher – L.T. Grade - The court allowed the writ petition filed by the petitioner, directing the respondents to offer appointment to the petitioner as he was found suitable for the post. The respondents filed an appeal which was dismissed, and a subsequent Special Leave Petition was filed. However, the petitioner passed away after filing a contempt petition, rendering the petition infructuous due to the petitioner's death.
Fact of the Case:
The petitioner participated in the selection process for the post of Assistant Teacher – L.T. Grade and was found suitable, but the appointment letter was not issued to him as he had not qualified TET-II examination.
Finding of the Court:
The court allowed the writ petition, directing the respondents to offer appointment to the petitioner. The respondents' appeal was dismissed, and a subsequent Special Leave Petition was filed. However, the petitioner passed away after filing a contempt petition, rendering the petition infructuous due to the petitioner's death.
Issues: The main issue was the petitioner's entitlement to appointment despite not qualifying TET-II examination.
Ratio Decidendi: The court's decision was based on the petitioner being found suitable for the post of Assistant Teacher – L.T. Grade, leading to the direction for appointment. The subsequent events, including the petitioner's death, rendered the contempt petition infructuous.
Final Decision: The contempt petition was closed due to the petitioner's death, as the right to sue does not survive and the direction was only to appoint the petitioner.
JUDGMENT
Manoj Kumar Tiwari, J. - Petitioner had participated in the process of selection for appointment on the post of Assistant Teacher – L.T. Grade in a Government Aided College. He was found suitable but appointment letter was not issued to him on the ground that he has not qualified TET-II examination.
2. Writ Petition (S/S) No. 1980 of 2013 filed by him was allowed vide judgment dated 27.03.2018 with a direction to the respondents to offer appointment to the petitioner. Against the said judgment, respondents filed Special Appeal No. 675 of 2018 before Division Bench of this Court, which was dismissed vide judgment dated 04.10.2018. Thereafter, the respondents preferred Special Leave Petition before Hon’ble Supreme Court and an interim order was passed in the said SLP.
3. Today, Mr. Vikas Bahuguna, learned counsel for the petitioner submits at the bar that the petitioner has passed away after filing of this contempt petition.
4. Since right to sue does not survive, as the direction was only to appoint the petitioner, therefore, the contempt petition has now become infructuous on account of death of the petitioner.
5. Accordingly, the contempt petition is closed. Notices issued to the opposite parties are hereby discharged.
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