Disposed¶20

Committee of Management,S.P. Convent School through Its Manager and Another v. Anurag Tripathi,Secretary Affiliation,Central Board of Secondary Education

Allahabad HC3 Nov 2020CAPL/2022/2020

Case brief

AI extract

What is this about?

Contempt of Courts Act 1971; disobedience of mandamus; CBSE Senior Secondary affiliation Academic Sessions 2020-2021; dis-affiliation order dated 26.06.2019 stayed 19.07.2019; order dated 05.10.2020 liable to be recalled; fresh order within four weeks; notice discharged; Allahabad High Court; CONTEMPT APPLICATION (CIVIL) No. - 2022 of 2020; Mahesh Chandra Tripathi, J.; contempt application disposed.

What did the court decide?

Contempt proceedings not initiated under the Contempt of Courts Act 1971; notice, if any, discharged; Authority expected to pass a fresh order within four weeks. ¶20

Committee of Management,S.P. Convent School through Its… — Contempt of Court | Allahabad HC (2020)

What the court decided

AI extract

Outcome

Contempt proceedings not initiated under the Contempt of Courts Act 1971; notice, if any, discharged; Authority expected to pass a fresh order within four weeks.

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Issue for consideration

Whether contempt proceedings should be initiated against the respondents for disobedience of the order dated 11.12.2019 passed in Writ Petition No.40940 of 2019 and the order dated 27.02.2020 passed in Contempt Application (Civil) No.1329 of 2020. +1 more

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Court's answer

Once the Authority itself acknowledged that the order dated 05.10.2020 was liable to be recalled, the Court was not inclined to proceed any further under the Contempt of Courts Act 1971.

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Ratio / Principle

The Court perused the record and found substance in the contention that the order dated 05.10.2020 was contemptuous, since the dis-affiliation order dated 26.06.2019 had been stayed by order dated 19.07.2019 in Writ Petition No.23464/2019.

¶18

Key takeaways

The Court expressed hope and trust (hortatory direction forming the basis of disposal) that the Authority would pass a fresh order within four weeks.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court (Mahesh Chandra Tripathi, J.) disposed of a contempt application against the Secretary (Affiliation), CBSE, alleging disobedience of the direction dated 11.12.2019 in Writ Petition No.40940 of 2019 to decide the applicant-school's claim for Senior Secondary affiliation for Academic Sessions 2020-2021, and of the order dated 27.02.2020 in Contempt Application (Civil) No.1329 of 2020 affording three weeks to comply. The applicant relied on the CBSE order dated 05.10.2020, contending it was contemptuous because the dis-affiliation order dated 26.06.2019 stood stayed by order dated 19.07.2019 in Writ Petition No.23464/2019. The Court found substance in the contention; counsel for the opposite party submitted the Authority would pass a better order if leave were accorded. As the Authority itself acknowledged that the order dated 05.10.2020 was liable to be recalled, the Court declined to proceed further under the Contempt of Courts Act 1971, hoped and trusted that a fresh order would be passed within four weeks, disposed of the application and discharged notice.

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Court No. - 71

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 2022 of 2020

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Applicant :- Committee Of Management,S.P. Convent School Through Its Manager And Another Opposite Party :- Anurag Tripathi,Secretary Affiliation,Central Board Of Secondary Education Counsel for Applicant :- Pankaj Kumar Srivastava,Sasmita Srivastava

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Counsel for Opposite Party :- Dhananjay Awasthi

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Hon'ble Mahesh Chandra Tripathi,J.

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Heard Shri Amit Saxena, learned Senior Advocate assisted by Shri Pankaj Kumar Srivastava, learned counsel for the applicants and Shri Dhananjay Awasthi, learned counsel for the contemnor.

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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 11.12.2019 passed in Writ Petition No.40940 of 2019 (Committee Of Management,S.P. Convent School Through Its Manager And Another v. Central Board of Secondary Education Sikshan Kendra-2 and 2 others) as well as order dated 27.02.2020 passed in Contempt Application (Civil) no.1329 of 2020 (Committee Of Management,S.P. Convent School Through Its Manager And Another v. Anurag Tripathi, Secretary Affiliation, Central Board of Secondary Education). For ready reference, the relevant extract of order dated 11.12.2019 and order dated 27.02.2020 are quoted as under:-

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Order dated 11.12.2019

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"Heard Sri Amit Saxena, learned Senior Advocate assisted by Sri Pankaj Kumar Srivastava, learned counsel for the petitioners and Sri Surendra Prasad Sharma, learned counsel for respondents-CBSE.

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By means of the present writ petition, the petitioner seeks a direction in the nature of mandamus commanding the respondent no. 2 to consider the claim of the petitioners pertaining to grant of affiliation for Senior Secondary Level for the Academic Sessions 2020-2021.

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Contention of the learned counsel for petitioners is that the petitioners has applied for affiliation of Senior Secondary Level of the petitioners' institution on 11.7.2019 but till date no order has been passed by the concerned respondent on the petitioners' application for Senior Secondary Level.

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In the facts and circumstances of the case, direction is issued upon respondent no.2 to

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pass appropriate orders on the petitioners' application for grant of affiliation for Senior Secondary Level for the Academic Sessions 2020-2021 in accordance with law expeditiously, preferably within period of two months from the date of the production of a certified copy of this order.

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With the above direction, the writ petition stands finally disposed of. No order as to costs."

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Order dated 27.02.2020

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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 three weeks from the date of production of a certified copy of this order."

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On the matter being taken up today, Shri Amit Saxena, learned Senior Advocate has placed reliance on the averment contained in the order dated 05.10.2020 passed by Deputy Secretary, Central Board of Secondary Education. He submits that so far as the dis-affiliation order dated 26.06.2019 is concerned, the same was stayed vide order dated 19.07.2019 passed by this Court in Writ Petition no.23464/2019 (Committee Of Management,S.P. Convent School Through Its Manager And Another v. Central Board of Secondary Education Sikshan Kendra-2 and 2 others) and as such, the order dated 05.10.2020 is contemptuous in nature.

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The Court has the occasion to peruse the record and finds substance in the argument advanced by Shri Saxena. Confronted with this situation, Shri Dhananjay Awasthi, learned counsel for the opposite party submits that definitely the Authority would pass a better order in case leave is accorded by this Court.

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In the facts and circumstances of the case, once the Authority itself acknowledged that the order dated 05.10.2020 is liable to be recalled, then at this stage, the Court is not inclined to proceed any further under the Contempt of Courts Act 1971. This Court hopes and trust that the Authority would pass a fresh order in further four weeks from today itself.

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With these observations, the Contempt Application is disposed of . Notice, if any, stands discharged.

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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 petitioner 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 :- 3.11.2020 A. Pandey

Committee of Management,S.P. Convent School through Its Manager and Another v. Anurag Tripathi,Secretary Affiliation,Central Board of Secondary Education

Case brief

What is this about?

What did the court decide?

Committee of Management,S.P. Convent School through Its Manager and Another v. Anurag Tripathi,Secretary Affiliation,Central Board of Secondary Education

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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