Disposed

Usha Kumari v. Sri Anil Bhushan Chaturvedi, Secretary, Examination Regulatory Authority

Allahabad HC7 Aug 2020CAPL/1941/2020

Case brief

AI extract

What is this about?

In this contempt application, the Court addressed a prima facie case where the Secretary failed to comply with an earlier order regarding revaluation of answer books. The Court granted the opposite party six weeks to comply after sending notice, disposing of the present application with liberty to move a fresh one if non-compliance persists.

What did the court decide?

Record sent to opposite party with liberty to move a fresh application if compliance is not effected within six weeks.

Usha Kumari Vs Sri Anil Bhushan Chaturvedi… — Education and Admissions | Allahabad HC (2020)

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Court No. - 71

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 1941 of 2020

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Applicant :- Usha Kumari Opposite Party :- Sri Anil Bhushan Chaturvedi, Secretary, Examination Regulatory Authority Counsel for Applicant :- A.K.Sinha,Abhishek Kumar Kushwaha

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Hon'ble Mahesh Chandra Tripathi,J.

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Heard learned counsel for the applicant.

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By order dated 22.10.2019 passed in Writ A No.11418 of 2019 filed by the applicant connected with Writ A No.6420 of 2019 (Narendra Kumar Chaturvedi vs. State of UP and 3 others), the Court directed as under:

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"In view of aforesaid decision taken by the State Government, present petition is disposed of with direction to Secretary, Examination Regulatory Authority, U.P. Allahabad to conduct the revaluation of answer book of petitioner in this petition as well as in all connected writ petitions within a period of three months from today strictly in accordance with guidelines issued by this Court in the matter of Aniruddh Narayan Shukla (supra) as well as Radha Devi (supra).

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Needless to say that in case some order is passed by the Apex Court in SLP in the matter of Radha Devi (supra), same shall be abide by the "Secretary" while conducting the revaluation.

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Petitioners are also directed to submit copy of this order along with application in the office of "Secretary" within a period of one month from today to avoid any confusion in revaluation of their answer books.

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After revaluation of answer sheet and declaration of result, "Secretary" is directed to send the result to concern State authority for issuance of appointment letter against the remaining 22211 post of Assistant Teacher as per marks obtained by the petitioner as well as minimum cut off marks within four weeks from the date of declaration of result."

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Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has 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 party 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 party and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the selfaddressed envelope of the applicant with a copy of contempt application to the opposite party 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 him of the order through the self-addressed 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 party within the stipulated time as aforementioned.

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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 petitioners 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 :- 7.8.2020 RKP

Usha Kumari v. Sri Anil Bhushan Chaturvedi, Secretary, Examination Regulatory Authority

Case brief

What is this about?

What did the court decide?

Usha Kumari v. Sri Anil Bhushan Chaturvedi, Secretary, Examination Regulatory Authority

Case brief

What is this about?

What did the court decide?

What the court decided

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