Priti Dinesh Hanchate vs Dhule Charitable Society and Annasaheb College of Pharmacy

S.S. Shinde, J.—This contempt petition alleges disobedience of the order dated 12-01-2004 passed by this Court. By the said order, this Court directed the Respondents herein, to reinstate the Petitioner herein. When the matter was called out for hearing on 17-08-2011, none appeared for the Petitioner. The matter remained part heard. Today when matter is called out for final hearing, none appears for the Petitioner.

Learned Counsel appearing for Respondent No. 1 submits that, the Petitioner is not qualified to be appointed as Lecturer in Pharmacy College. Letter was received from the Pharmacy Council that M.Sc. Microbiology is not prescribed qualification for the post of Lecturer. There was specific communication from the Pharmacy Council that unless the Respondents takes appropriate steps to remove the Petitioner from the post of Lecturer, since she is not possessing requisite qualification for the post of Lecturer, appropriate action will be taken against the Respondents, therefore, Respondents removed the Petitioner from the services. It is further submitted that, the order passed by this Court dated 12-01-2004 in Writ Petition No. 999 of 2003 was challenged in Letters Patent Appeal, however, the said L.P.A. came to be dismissed on 23-07-2004. It is submitted that, the letter was issued by the Respondents to the Petitioner on 11-11-2004 thereby requesting the Petitioner to join the services. However, the Petitioner in stead of joining the services, sent reply to the Respondents stating therein reasons and inability to join the services. Another communication was issued on 24-11-2004 to the Petitioner by the Respondents that she can join on the post of Lecturer. However, there was No. response from the Petitioner.

It appears that, this contempt petition is filed on 07-06-2004. As stated earlier, none appeared for the Petitioner on 17-08-2011 or today when the matter is heard extensively. I find considerable force in the arguments of Counsel for the Respondent No. 1 that in spite of specific letters to the Petitioner on 11112004 and 24112004, the Petitioner has not joined the service of the Respondents. It was open for the Petitioner even subsequently to approach the Respondents for rejoining the services. However, it appears that, the Petitioner has lost interest. Therefore, in my opinion, from the affidavit in reply filed by the Respondents and annexures thereto, the Respondents have made efforts to see that the order of this Court is complied with and the Petitioner is reinstated. However, it appears that there is No. will on the part of the Petitioner to rejoin the services. Therefore, in my opinion, it is difficult to hold that there is willful disobedience of the order passed by this Court on 12-01-2004 in Writ Petition No. 999 of 2003. In that view of the matter, Contempt petition stands dismissed. Notice stands discharged.

Record and Proceedings in Writ Petition No. 999 of 2003 be sent back to the concerned Branch of this Court, forthwith.