Disposed

C/M Ambedkar Kishan Prathmik Vidhyalaya Roshanpati v. Shri Bal Krishna Tripathi, Special Secretary Samaj Kalian

Allahabad HC11 Nov 2020CAPL/4383/2020

Case brief

AI extract

What is this about?

In this contempt application, the Court noted a prima facie case of wilful non-compliance by the opposite party with a High Court order directing policy framing for aid to unaided schools. The Court afforded the reply party one month to comply before considering punishment.

What did the court decide?

One month opportunity granted to the opposite party to comply with the High Court order; liberty to applicant to apply for punishment if not complied.

C/M Ambedkar Kishan Prathmik Vidhyalaya… — Education and Admissions | Allahabad HC (2020)

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Court No. - 71

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 4383 of 2020

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Applicant :- C/M Ambedkar Kishan Prathmik Vidhyalaya Roshanpati Opposite Party :- Shri Bal Krishna Tripathi, Special Secretary Samaj Kalian Counsel for Applicant :- Gorakh Yadav,Om Prakash Chaube

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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 06.5.2020 passed in Writ C No.9194 of 2020 filed by the applicant, the Court directed as under:

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"In view of the above, this petition stands disposed of with a direction to the first respondent to ensure compliance of the directions issued by this Court in the case of Paripurna Nand Tripathi (supra) and frame appropriate policy, in relation to Grant-inaid to unaided institutions in the light of the Constitutional mandate contained in Article 21-A of the Constitution of India and the provisions of the Right of Children to Free and Compulsory Education Act, 2009, and to consider petitioner's claim for being extended benefit of aid, within a period of four months from the date of resumption of normal working in the office concerned post lockdown on account of COVID-19 pandemic.

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The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.

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Since this order has been passed in the peculiar facts and circumstances without hearing the counsels for the parties concerned, liberty however stands reserved to either of the parties to apply for recall/review of the order in case they feel so aggrieved."

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

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The applicant shall supply a duly stamped registered

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envelope addressed to the opposite party and another selfaddressed stamped 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 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 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 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 :- 11.11.2020 RKP

C/M Ambedkar Kishan Prathmik Vidhyalaya Roshanpati v. Shri Bal Krishna Tripathi, Special Secretary Samaj Kalian

Case brief

What is this about?

What did the court decide?

C/M Ambedkar Kishan Prathmik Vidhyalaya Roshanpati v. Shri Bal Krishna Tripathi, Special Secretary Samaj Kalian

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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