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Judgment
The contempt application arises out an order dated 26th August, 2015, passed by an earlier Division Bench in MAT 951 of 2015 with ASTA 91 of 2015 (District Primary School Council, South 24 Parganas & Anr. Vs. Dilip Kumar Halder & Ors.).
The operative portion of the order dated 26th August, 2015, is set out hereinbelow:- "Therefore, the order in terms of prayer ''A'' and ''B'' passed by the learned Trial Court is set aside and the Council is directed to maintain 3% quota for the physically challenged and to give appointment to the duly qualified person from the category of the physically challenged.
Considering that the appointment has already been delayed the Council is directed to issue the orders of appointment to the qualified candidates within 8 weeks from date. It is recorded that period of 8 weeks has been granted on the basis of the prayer of the learned advocate for the appellants.
The appeal and the application are thus disposed of."
It transpires that even the applicants who have filed the present contempt application, namely, Dilip Kumar Halder and eight (8) others are aware of the fact that the order of appointment of qualified candidates cannot be passed by the District Primary School Council, South 24 Parganas, without obtaining approval from the Commissioner of School Education. In the order dated 26th August, 2015, there is no mandatory direction upon the Commissioner of School Education to grant approval to the qualified candidates within the time-frame specified in the said order. However, we notice from the several orders passed in this Special jurisdiction (i.e. Contempt), this Court has taken note of the fact that the names of the qualified physically handicapped candidates have been forwarded by the Chairperson, District Primary School Council, South 24 Parganas as far back as February, 2015.
As such, although we do not find any justifiable reason to proceed further with the contempt application nevertheless, the physically handicapped candidates, who are otherwise qualified, are at liberty to take further steps in the matter in accordance with law so that the order dated 26th August, 2015, can be effectively implemented.
The contempt application stands disposed of accordingly.