IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.172 of 2005 NAND KUMAR THAKUR & ANR Versus STATE OF BIHAR & ORS ----------- For the petitioners : Mr. Arun Kr. Arun For the Opp. Parties: Mr.Ashutosh Singh, JC to GP 8 --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 8th July, 2008 The contempt petition alleges non-compliance of the order dated 30th April, 2004. The relevant portion whereof reads thus: “Considering the facts and circumstances of the case, this court directs the respondents concerned to advertise the vacant sanctioned posts of cooks as referred to above forthwith inviting the applications from the eligible candidates and in case the petitioners also apply, their cases would be considered after giving them weightage as they had worked as cooks under the respondents against the sanctioned posts for some time. In case the petitioners would be overage they would be given age relaxation in accordance with law by the authorities concerned. This process, however, must be completed within a period of six months from the date of receipt/production of a copy of this order.” 2. In response to this MJC, cause has been shown by the opposite party no.2. It is stated therein that advertisement for 2 filling up the post of cook has been issued on 27th June, 2005. It is also stated that 113 applications have been received in this regard but the petitioner has not submitted any application. The explanation of delay has been given and that was because of the Model Code of Conduct having come into effect. We may conveniently refer to paragraph nos.6,7 & 8 of the show cause which read thus: “That the District Magistrate, Darbhanga, vide his letter no.1515 dated 3.11.2005 has informed that an advertisement was published in daily newspaper “Hindustan” and Dainik Jagran” on 27.6.2005 clearly mentioning that the last date for submitting application as 6.7.2005. It is brought to the notice of Hon’ble Court that all together 113 applications have been received in this regard but the petitioner Sri Nand Kumar Thakur has not submitted his application. The District Magistrate further informed that the process of appointment was delayed because of model code of conduct came into effect in view of legislative assembly election 2005. That the department vide letter no.7061 dated 19.12.2005 directed the Deputy Director, Welfare, Darbhanga to send information with regard to application of second petitioner Sri Sunil Kumar. He was further directed to pursue the matter with the District Magistrate, Darbhanga so that the order of Hon’ble court could be complied with. That Deputy Director, Darbhanga vide his letter no.638 dated 27.12.2005 has informed that second petitioner Sri Sunil Kumar has also not applied for the post in view of advertisement dated 27.6.2005.” 3. Although supplementary affidavit has been filed on behalf of the petitioners but for the cause shown by the opposite 3 party no.6, we are satisfied that there was no deliberate disobedience on the part of the respondents in non-compliance of the order. MJC is, accordingly, disposed of. However, we direct that the process of appointment of cook shall be completed, if not completed so far, within six months from today. R.M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/