Allahabad High Court
C/M Janta Inter College And Another vs Vinay Kumar Pandey, Director Secondary ... on 23 October, 2019
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 7054 of 2019 Applicant :- C/M Janta Inter College And Another Opposite Party :- Vinay Kumar Pandey, Director Secondary Education And Another Counsel for Applicant :- Gautam Baghel,Om Prakash Singh Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 4.4.2019 passed in Writ-A No.4587 of 2019 (C/M Janta Inter College, Auraiya & Anr. v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"While entertaining the writ petition, following orders were passed on 28th March, 2019:-
"Petitioner Institution has sought permission from the educational authority for filling up the post of Assistant Clerk in the Institution concerned which is lying vacant since 19th March, 2018. According to petitioner this post has to be filled by direct recruitment as none of the Class IV employee otherwise possess requisite qualification for appointment in terms of the applicable government order. Grievance is that the District Inspector of Schools, Auraiya, has declined to grant permission without specifying any reasons.
Learned Standing Counsel may obtain instructions.
Post as fresh on 4.4.2019."
The order of the Inspector dated 26.2.2019 appears to have been issued on the premise that there was a ban imposed by the State, on account of which the recruitment itself was impermissible. Such stand of the State Authorities has been disapproved by this Court in Vipin vs. State of U.P. and others reported in 2013 (7) ADJ 274. A recent Government Order has now been issued on 28th March, 2019 clarifying the position in that regard. In such circumstances, the order passed by the Inspector dated 26.2.2019 referring to grant permission to fill up the post cannot be sustained and is quashed.
The District Inspector of Schools concerned is directed to process the application of petitioner, strictly in accordance with Regulation 101 framed under the U.P. Intermediate Education Act, 1921, by passing a fresh order, after obtaining necessary permission from the Director, within a period of two months from the date of presentation of certified copy of this order.
Writ petition, accordingly, stands disposed of."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite parties to comply with the aforesaid order of the Court within six weeks from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within three weeks from today. The office shall send a copy of this order along with the self-addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant of the order through the self-addressed envelop within a week, thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite parties within the stipulated time as aforementioned.
Order Date :- 23.10.2019 SP/