IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3138 of 2009 1. SURYADEO VERMA S/O LATE GOBARDHAN MAHTO VILL.- AJWAN POLICE STATION NAUBATPUR DISTT.- PATNA, ASSISTANT TEACHER IN PROJECT GIRLS HIGH SCHOOL NAUBATPUR NAGWAN P.S. NAUBATPUR DISTT.- PATNA 2. RAM SAHAY SINGH S/O LATE JAGDEEP SINGH VILL.- BARA POLICE STATION NAUBATPUR DISTT.- PATNA, ASSISTANT TEACHER IN PROJECT GIRLS HIGH SCHOOL NAUBATPUR NAGWAN P.S. NAUBATPUR DISTT.- PATNA Versus 1. THE STATE OF BIHAR 2. SHRI ANJANI KUMAR SINGH THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR PATNA 3. SHRI KAMAL KISHORE SINHA THE DIRECTOR (SECONDARY EDUCATION) HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVT. OF BIHAR, PATNA ----------- 4/ 10/11/2010 Heard learned counsel for the petitioner and learned counsel for the State. Learned counsel for the petitioner submits that the Court had directed consideration of the case in terms of paragraph-90 of the judgement of the Supreme Court reported in 2006 (1) P.L.J.R. 483 (S.C.) (State of Bihar & Ors. vs. Project Uchcha Vidya Sikshak Sangh & Ors.) as also the issue of discrimination. The order in compliance passed on 21.4.2010 notices the submission of the petitioner with regard to paragraph 90 of the Supreme Court judgement, but does not decide the issue. This Court has gone through Annexure-A to the show cause. Paragraph-3 of the same notices the contention of the petitioner from paragraph-90 of the Supreme Court judgement. Paragraph 4 of the judgement then contains the reasoning of the authorities why no - 2 - relief could be granted in that background. Merely because paragraph 4 does not make an explicit reference to paragraph 90 of the judgement by repetition does not satisfy the Court that there has been no consideration for that reason to maintain a proceeding in contempt jurisdiction. Insofar as the allegation of discrimination is concerned, it has been dealt with in the second last paragraph of the order. This Court cannot go into the correctness of the order on both counts in a contempt jurisdiction as it can be tested only in a writ petition. The proceedings are disposed. KC ( Navin Sinha, J.)