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HC directs Chairman SSRB and Commissioner/Secretary Education to appear in person if compliance report is not filed
9/24/2011 9:13:17 PM
EARLY TIMES REPORT
Jammu, September-24:- In a contempt petition Justice Muzaffar Hussain Attar of J&K High directed respondents to comply with the judgment of High Court passed on October 10, 1996 and file compliance report within a period of one week. In the event the judgment is not implemented the compliance report is not filed, the Chairman of Service Selection Recruitment Board and Commissioner/Secretary Education Dept shall appear in person on next date of hearing.
This direction has been passed in a contempt petition filed by Kanchan Devi in which it has been submitted that vide Court order dated October 10, 1996, respondents were directed to consider the case of petitioner for appointment to the post of teacher in District Doda in any ensuing selection on the basis of eligibility as prescribed in the advertisement notice 4 of 1989 dated June 12, 1989.
Justice Muzaffar Hussain Attar after hearing advocate Ajay Gandotra appearing for the petitioner, Neeru Goswami Deputy AG for the Education Dept and advocate SK Shukla appearing for the SSRB Court observed that the consideration order which has been passed has the effect of whittling down the judgment of October 10, 1996. Court judgment has remained un-implemented. The petition was filed by the petitioner in year 1991 and was decided in the year 1996. One more contempt petition filed by the petitioner was disposed off on the understanding of counsel for respondents that the judgment passed by the Court would be implemented. Upon this Muzaffar Hussain Attar observed, “Like all other democratic institutions, the institution of judiciary also survives on the faith of people. This faith can be maintained and preserved when orders/judgment of the Courts are implemented. In our constitutional scheme, it is the fundamental duty of the executive to implement the orders/judgments of the court when they have attained finality." With these observations Court directed Chairman SSRB and Commissioner/Secretary Education to appear in person if the compliance report is not filed.
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