MCA/1598/2008 3/ 3 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION No. 1598 of 2008 In SPECIAL CIVIL APPLICATION No. 911 of 2007 ========================================================= PATEL PADMABEN JAYANTIBHAI - Applicant(s) Versus THE DIRECTOR OF PRIMARAY EDUCATION, & 2 - Opponent(s) ========================================================= Appearance : MS SHIVYA A DESAI for Applicant(s) : 1, None for Opponent(s) : 1 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL and HONOURABLE MR.JUSTICE AKIL KURESHI Date : 20/06/2008 ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
present application is for breach of the order passed by this Court
in Special Civil Application No.911/2007 whereby one post was
directed to be kept vacant.
After
hearing the learned Counsel for the petitioner Ms. Shivya A. Desai,
it appears that the basis of the petition is the advertisement
issued by the authority for inviting application which is lastly
published on 22.4.2008 for 16+8+2, total 26 posts of A.T.D.
teachers. This Court on 16.5.2008 had passed the following order :
The
application has been filed on the basis of alleged violation of
direction issued by this Court on 19.01.2007 in Special Civil
Application No.911 of 2007. The direction reads as under:
ýS13.
Meanwhile, the respondents are directed to keep one post vacant of
ATD (Arts Teachers Diploma) till 19.2.2007.ýý
The
said direction has continued thereafter and admittedly the main
petition is yet pending.
The
petition has been preferred on the basis of inference that merely
because advertisements have subsequently been issued for recruitment
of Vidhyasahayaks on 17.04.2007, the direction made by this Court
has been violated. There is no material in support of this
apprehension and inference. Learned advocate for the applicant prays
for time to place on record the evidence in this regard. The
applicant to file supplemental affidavit along with necessary
documentary evidence. Matter to be listed on 20.06.2008.ýý
Learned
Counsel for the petitioner has not been able to show any material on
the basis of which Court can consider that one post of ATD teacher
which is ordered to be kept vacant is not kept vacant. Learned
Counsel for the petitioner further contended that the application
has been made under the Right to Information Act and the same is
pending and therefore, she submitted that this Court may postpone
the hearing or in alternative the petitioner may be permitted to
produce the same as and when such document is received.
In
our view, the basis of the petition is not clear for constituting
contempt inasmuch as there is no material produced on record to show
that the post is not kept vacant which is so ordered by the Learned
Single Judge in Special Civil Application.
In
the event, any details are available, then also the petitioner can
move for appropriate further direction in the main Special Civil
Application which is pending and in which further relief can be
considered by the Court which is seized with the matter.
In
view of the above, the present petition is not entertained leaving
liberty to the petitioner to pursue the matter in the proceedings of
Special Civil Application No.911/2007 in the event such
contingencies arise.
Disposed
of accordingly.
(Jayant
Patel,J.)
(Akil
Kureshi,J.)
(raghu)