Disposed

Arsalan Ahmad Shaikh v. Rajeev Kumar Chaudhary, Examination Controller

Allahabad HC16 May 2019CAPL/3019/2019

Case brief

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What is this about?

Court allowed an application to initiate contempt proceedings but granted respondents one more opportunity to comply with a prior order directing the Examination Controller to submit a report on arbitrary marking.

What did the court decide?

One more opportunity given to respondents to comply with the earlier order within six weeks from production of certified copy of this order.

Arsalan Ahmad Shaikh Vs Rajeev Kumar Chaudhary… — Contempt of Court | Allahabad HC (2019)

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Court No. - 10

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 3019 of 2019

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Applicant :- Arsalan Ahmad Shaikh Opposite Party :- Rajeev Kumar Chaudhary, Examination Controller

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Counsel for Applicant :- Niyaz Ahmad Khan

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Hon'ble Mahesh Chandra Tripathi,J.

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Heard learned counsel for the applicant.

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The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 24.09.2018 passed in Writ-C No.32243 of 2018 (Arsalan Ahmad Shaikh vs. Veer Bahadur Singh Purvanchal University and others). For ready reference, the relevant extract of order dated 24.09.2018 is quoted as under:-

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"The petitioner may give a detailed representation to the Examination Controller of the University stating out correctly his case with regard to arbitrary marking as alleged by him on his answer sheets for Mathematics paper III & IV. The Examination Controller shall submit his report to the Vice Chancellor of the University who shall take appropriate action thereafter under Section 13(1)(e) of the State Universities Act."

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Learned counsel for the applicant submits 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.

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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.

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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.

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The opposite party shall comply with the directions of the writ court and intimate the applicant the order through the selfaddressed envelop within a week thereafter.

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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.

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Order Date :- 16.5.2019 A. Pandey

Arsalan Ahmad Shaikh v. Rajeev Kumar Chaudhary, Examination Controller

Case brief

What is this about?

What did the court decide?

Arsalan Ahmad Shaikh v. Rajeev Kumar Chaudhary, Examination Controller

Case brief

What is this about?

What did the court decide?

What the court decided

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