1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Contempt Petition No. 222/2009 Prakash Sitaram Bhoyar ..vs.. Dr. Arun Purushottam Joshi, Secretary, Liberal Education Society Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr. Shende, Advocate for petitioner. Mr. Deshpande, Advocate for respondents. Coram: R. K. Deshpande, J. Date : March 15, 2010 1. Heard learned counsel for the parties. 2. This petition complains about the willful disobedience of the order dated 24.11.2008 passed by Division Bench of this Court in Writ Petition No. 1429/2007. This Writ petition challenged the order dated 29.08.2006 and 28.02.2007 passed by Deputy Director, Vocational Education, Nagpur. By these orders, the respondent-society was directed to absorb the petitioner in service in terms of order dated 12.04.2005 passed by School Tribunal in Appeal No. STN/ 46/2002. The School Tribunal had directed the Deputy Director to absorb the petitioner in aided school as soon as the vacancy arises. This Court 2 dismissed the writ petition challenging that order. Against that order Special Leave Petition preferred by the respondent- Management was also dismissed. 3. Mr. Shende, learned counsel appearing for the petitioner, submits that in view of dismissal of the writ petition as well as Special Leave Petition preferred by the Management involving challenge to the orders dated 28.08.2006 and 28.02.2007, the respondent-Society is bound to absorb the petitioner in service. However, the petitioner has not been absorbed in service till this date and hence there is willful disobedience of the orders passed by Deputy Director, which are merged in the order passed in Writ Petition and ultimately in the Special Leave Petition. 4. In substance, the complaint is about willful disobedience of the order passed by Deputy Director, Vocational Education, Nagpur. Mr. Deshpande, learned counsel for the petitioner, has relied upon decision of the Hon’ble Apex Court in Jagadguru Annadanishwara Maha Swamiji ..vs..V.C. Allipur and anr.; 2009 (6) Mh. L. J. 169 in which it has been held that the Director of Pre-University Education is an authority created 3 under a statute and not a Court and hence, the application for initiation of contempt proceedings for willful disobedience passed by the said Authorities has not been maintainable as it is not a Court. He has further relied upon decision of the Division Bench of this Court in Sunil s/o Shriram Suratkar & ors. ..vs.. N. B. Pasalkar & Ors.; 2005 (3) Mh. L. J. 25 in which the decision of the apex Court has been relied upon to hold that in order to constitute a contempt, the order of the Court must be of such a nature which is capable of execution by the person charged in normal circumstances. It should not require any extraordinary effort nor should be dependent (either wholly or in part) upon any act or omission of a third party for its compliance. This has to be judged having regard to the facts and circumstance of each case. 5. After going through the order passed by this Court dismissing the Writ Petition No. 1429/2007, it is apparent that there is no positive direction issued by this Court to absorb the petitioner in service. If there is any willful disobedience of the order passed by Deputy Director, the petitioner is at liberty to take such other steps as are available to him in law. However, the question of there being any willful disobedience of the order 4 passed by this Court does not arise. Hence, the contempt petition is dismissed. It is made clear that dismissal of this contempt petition, by itself, will not come in the way of petitioner in prosecuting other remedies as are open to him in law. JUDGE kahale