THE HIGH COURT OF UTTARAKHAND AT NAINITAL Civil Contempt Petition No. 224 of 2008 Manoj Kumar …Petitioner Versus Smt. Pushpa Manas ... Respondent Sri Parikshit Saini, Advocate for petitioner Dated: November 20, 2008 Hon’ble B.C. Kandpal, J. By way of this contempt petition, under Section 12 of Contempt of Courts Act, the petitioner has prayed for initiating civil contempt proceedings against the respondent for committing willful contempt of the Court by flouting the order dated 5.6.2008 passed by this Court in Writ Petition No. 402 of 2008 (S/S), Sandeep Grover & others vs. State of Uttarakhand & others. Heard Sri Parikshit Saini, learned counsel for the petitioner and perused the record. The relevant portion of the order passed by this Court dated 05.06.2008 runs as follows: “Having hearing learned counsel for the petitioners, as an interim measure, it is directed that the seats advertised through the aforesaid advertisement dated 9-7-2006 but not filled so far, shall not be filled from the candidate who applied with B.Ed. degree under correspondence course in violation of the terms of the advertisement, leaving it open to the 2 respondents to re-advertise vacancies for them for the year 2007-08.” Learned counsel for the petitioner has submitted that in pursuance of the advertisement dated 9.7.2006 the counseling was conducted and name of the petitioner finds place at serial no. 53 out of total seats of 107, however, 67 persons were selected in counseling. He has thus submitted that candidature of the petitioner was subsequently cancelled which is in utter violation of the order passed by this Court. I do not find any ground to draw the contempt proceedings in the matter as the order dated 5th June, 2008 clearly indicates that the seats shall not be filled from the candidates who applied with B.Ed. degree under correspondence course in violation of the terms of the advertisement dated 9.7.2006. The impugned order further clarifies that it will be left open to the respondents to re-advertise vacancies for the year 2007-08. I, therefore, do not find any force in this contempt petition, which is liable to be dismissed. Accordingly, contempt petition is dismissed in limine. (B.C. Kandpal, J.) SP