Disposed

Committee of Management Sriram Janki Sanskrit Uttar Madhyama Vidyalay and Another v. Pramod Kumar, Deputy Director Education (Sanskrit) Directorate and Another

Allahabad HC13 Jul 2020CAPL/1522/2020

Case brief

AI extract

What is this about?

In this contempt application, the Committee of Management challenged non-compliance with a writ order directing the initiation of teacher selection. The court found that the respondent Director had recommended the matter to the Board, satisfying the order, and directed the Board to proceed.

What did the court decide?

Contempt application disposed; Board directed to proceed with teacher selection in accordance with law.

Committee of Management Sriram Janki Sanskrit Uttar… — Contempt of Court | Allahabad HC (2020)

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Court No. - 71

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 1522 of 2020

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Applicant :- Committee Of Management Sriram Janki Sanskrit Uttar Madhyama Vidyalay And Another Opposite Party :- Pramod Kumar, Deputy Director Education (Sanskrit) Directorate And Another

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Counsel for Applicant :- Adil Jamal

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Hon'ble Mahesh Chandra Tripathi,J.

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Heard learned counsel for the applicant and Shri K.R. Singh, learned Addl. Chief Standing Counsel.

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The applicants are before this Court against the wilful defiance of the order dated 4.9.2018 passed in Writ Petition No.18733 of 2018 (C/M Sriram Janki Sanskrit Uttar Madhyama Vidyalay & Anr. v. State of U.P. & Ors.), which for ready reference is quoted as under:-

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"By means of the present writ petition the petitioners has prayed for issuance of mandamus commanding the respondent nos. 2 and 3 to initiate the process of selection for appointment of assistant teachers against three available vacant post in the institution of the petitioners pursuant to requisition dated 20.06.2018.

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As jointly agreed by the counsel for the petitioners and learned Standing Counsel, this writ petition is disposed of by directing the respondent no. 2 and 3 to initiate the process of selection in accordance with law after applying the procedure within four weeks from today. The counsel for the petitioners undertakes to furnish/produce the certified copy of this order before the respondent nos. 2 and 3 respectively within one week from today.

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The writ petition is disposed of."

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Once the aforesaid order was not complied with, the applicants were compelled to prefer Contempt Application (Civil) No.5406 of 2019, which was disposed of on 26.8.2019 granting one month further time to the opposite parties to comply with the aforesaid order. It is contended that once the writ Court order has again not been complied with, the applicants have preferred present contempt application.

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Learned Addl. Chief Standing Counsel on the basis of instructions apprises to the Court that so far as writ Court order is concerned, the authority has already sent requisition to the U.P. Secondary Education Service Selection Board (in short "the Board") and as such so far as necessary compliance is concerned, the same has already been complied with by the opposite parties. At present due to outbreak of Corona Pandemic the situation is very grim and as such the Board is at discretion to proceed as per the prevailing situation in the matter.

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The Court has proceeded to examine the record in question and

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find that so far as process is concerned, admittedly the Deputy Director of Education (Sanskrit), Directorate of Education, U.P. Prayagraj had passed detailed order dated 3.10.2019 (Annexure No.8 to the writ petition) in response to the writ Court order in question, whereby recommendation has been sent to the Board for further process in the matter and as such there is no wilful defiance of the writ Court order in question and the same has been complied with on the part of the opposite parties. However, the Board is directed to proceed in the matter in accordance with law.

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The contempt application stands disposed of accordingly.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 13.7.2020 SP/

Committee of Management Sriram Janki Sanskrit Uttar Madhyama Vidyalay and Another v. Pramod Kumar, Deputy Director Education (Sanskrit) Directorate and Another

Case brief

What is this about?

What did the court decide?

Committee of Management Sriram Janki Sanskrit Uttar Madhyama Vidyalay and Another v. Pramod Kumar, Deputy Director Education (Sanskrit) Directorate and Another

Case brief

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What did the court decide?

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