Allahabad High Court
Rashmi Yadav vs Ruby Singh, Secretary, Basic Shiksha ... on 17 August, 2019
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 5245 of 2019 Applicant :- Rashmi Yadav Opposite Party :- Ruby Singh, Secretary, Basic Shiksha Parishad, U.P. And Another Counsel for Applicant :- Shivendu Ojha,Shatrughan Sonwal,Sri. Radha Kant Ojha, Sr. Advocate Hon'ble Mahesh Chandra Tripathi,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 24.05.2019 passed in Writ-A No.7017 of 2019 (Rashmi Yadav v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 24.05.2019 is quoted as under:-
"A perusal of the key answer, expert report as also the answer script of the petitioner indicates that the answers to question nos. 59, 84 and 86 of Question Booklet Series-C given by the petitioner are found correct in view of the judgement of this Court in Writ-A No.18235 of 2018 (Aniruddh Narayan Shukla & others Vs. State of U.P. & others).
Therefore, three more marks are to be provided to the petitioner for the aforesaid question nos. 59, 84 and 86.
The respondent no. 4 namely the Secretary, Examination Regulatory Authority, U.P., Allahabad is directed to correct the result of the petitioner and upload the same at the website within a fortnight from today."
It has been averred in the affidavit filed alongwith Contempt Application that a certified copy of the aforesaid order alongwith other documents 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 one week 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 envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite parties within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate the applicant 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 :- 17.8.2019 A. Pandey