Partly allowed

Barkha Gupta v. Sri Surendra Tiwari, Secy. U.P. Basic Education Board, Prayagraj and Another

Allahabad HC9 Aug 2024CAPL/1408/2024

Case brief

AI extract

What is this about?

Contempt application for willful disobedience of an order regarding OBC category claim in Assistant Teacher recruitment. The court accepted an exemption from personal appearance, recorded an order inducted the applicant, and listed the case for further orders.

What did the court decide?

Exemption from personal appearance allowed; order passed inducting the applicant and listing the case for further orders.

Barkha Gupta vs Sri Surendra Tiwari… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Court No. - 17

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 1408 of 2024

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Applicant :- Barkha Gupta Opposite Party :- Sri Surendra Tiwari, Secy. U.P. Basic Education Board, Prayagraj And Another

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Counsel for Applicant :- Rakesh Chandra Tewari

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Hon'ble Rajeev Singh,J.

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On 30.08.2024, following order was passed.

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"1. Heard.

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On 21.08.2024 following order was passed:-

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"1. Heard.

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On 9.8.2024, following order was passed:-

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Heard.

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On 2.8.2024, following order was passed:-

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Vakalatnama filed by Shri Ran Vijay Singh, Advocate on behalf of respondent no.1 is taken on record. Office is directed to show his name as the counsel for respondent no.1 in the next cause list.

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Heard.

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The instant contempt application has been filed for willful disobedience of the order dated 15.05.2023 passed in Writ-A No. 14770 of 2021.

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Learned counsel for the applicant submits that the applicant belongs to OBC community by birth. It is further submitted that in applicant's OBC certificate, the names of her parents were mentioned, but her claim for OBC category was rejected. It is next submitted that order dated 30.07.2021, by which the claim of the applicant for OBC category was rejected, was challenged before this Court in Writ-A No. 14770 of 2021 stating the applicant as OBC candidate for Assistant Teacher Recruitment Examination 2019 and the said writ petition was disposed of vide order dated 15.05.2023 setting aside the order dated 30.07.2021 with direction to Secretary, U.P. Basic Education Board Prayagraj to pass fresh order within a period of two months from the date of receipt of certified copy of the order.

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Further submission of learned counsel for the applicant is that as the said order was passed after hearing the counsel for parties, thereafter, the same was communicated to the District Basic Education Officer concerned, Secretary of Basic Education Board, Prayagraj and Director General, Basic Education, Government of U.P., Nishadganj on 27.05.2023, however, the order was not complied with.

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Learned counsel for the applicant lastly submits that as the persons having less marks to the applicant are working as Assistant Teacher, the present contempt application was filed in the month of March, 2024.

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It is evident from the record that as per the office report dated 01.05.2024 based on the reports of Chief Judicial Magistrate, Prayagraj dated 23.02.2024 and Chief Judicial Magistrate, Sitapur dated 22.04.2024, the notices have already been served on respondent nos.1 & 2, namely, Mr. Surendra Tiwari, Secretary, U.P. Basic Education Board, Prayagraj and Mr. Akhilesh Pratap Singh, District Basic Education Officer, Sitapur. However, no affidavit of compliance is filed till today.

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Shri Ranvijay Singh, learned counsel has put in appearance for respondent no.1 and submits that representation of the applicant has already been decided by the respondent no.1 on 05.07.2024. He further submits that certain directions were issued by the Writ Court in Writ Petition No. 13156 (S/S) of 2020 vide order dated 13.03.2023, thereafter, aforesaid order of the Writ Court was challenged by several persons in different special appeals and in a leading Special Appeal No. 174 of 2023 along with other cases, the judgement was reserved on 19.03.2024 by the Division Bench. He also submits that till the final decision of the said special appeal, respondent no.1 is not in a position to take decision in pursuance of the direction of the Writ Court.

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It is evident from the order dated 05.07.2024 passed by Mr. Surendra Kumar Tiwari, Secretary Basic Education Board, Prayagraj that there is no whisper that the applicant comes into the category of OBC.

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In such circumstances, respondent no.1 has tried to mislead the court by deciding the representation on a different footing.

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List this case on 09.08.2024 at 11:30 A.M.

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Respondent no.1 is directed to appear in person before this Court for framing of charge, in case, fresh affidavit of compliance is not filed by him by the next date of listing.

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.3. In pursuance of aforesaid order respondent no.1 is present before this Court and filed application for grant of time to re-visit the order passed by Mr. Surendra Kumar Tiwari, Secretary Basic Education Board, Prayagraj, same is taken on record.

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Sri Ranvijay Singh, learned counsel for the Basic Education Board, Prayagraj informs that select list of the candidates related to the Recruitment of Assistant Teachers, 2019 was challenged in bunch of petitions and same were decided vide judgment & order dated 13.3.2023 in leading Writ A No.9683 of 2020 and a direction was issued that select list dated 1.6.2020 to be revised in view of the observation made in the judgment and the select list of 6,800 dated 5.1.2022 was quashed. He also submits that neither the U.P. Basic Education Board, Prayagraj nor State Government has challenged the aforesaid decision and it is also undisputed fact that all the selected candidates have already joined and they are working and few of the selected candidates challenged the aforesaid order in the Special Appeal No.174 of 2023 (Ashok Yadav Vs. State of U.P.).

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As it is evident from the record that there is no stay order in the aforesaid Special Appeal and judgment has already been reserved.

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Learned counsel for the applicant submits that judgment passed in the case of the applicant is never challenged.

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List this case on 21.8.2024 at 11:30 A.M.

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Respondent no.1 is directed to file fresh affidavit of

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compliance by re-visiting his earlier order dated 5.7.2024, failing which, appropriate order for cost will be passed on the next date.

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Application for discharge of notice and dismissal of contempt application filed by Mr. Surendra Kumar Tiwari, Secretary U.P. Basic Shiksha Parishad, Prayagraj is taken on record.

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Learned counsel for the applicant submits that claim of the applicant was wrongly rejected by the competent authority vide order dated 30.7.2021, as a result, Writ A No.14770 of 2021 was filed, which was allowed by setting aside the order dated 30.7.2021 with a direction to the respondents to pass afresh order considering the claim of the applicant as O.B.C. candidate in the light of the certificate submitted by the applicant within a period of two months from the date of receipt of certified copy of this order but no decision has been taken by the authorities, therefore, present contempt application is filed.

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Sri Ranvijay Singh, learned counsel for the respondent submits that claim of the applicant has already been decided after re-visiting earlier decision vide order dated 20.8.2024. He also submits that in terms of the decision of Division Bench passed in Special Appeal No.172 of 2023 (Mahendra Pal & Ors. Vs. State of U.P.) entire list is being examined by implementing the horizontal reservation.

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It is evident from the affidavit filed today by the respondent that claim of the applicant has not been decided but with the vague observations claim of the applicant is disposed of, accordingly, application for discharge of notice and dismissal of contempt application filed today by the respondent is hereby rejected.

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List this case on 30.8.2024.

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On the next date, respondent is directed to appear before this Court alongwith complete record with a clear fact that whether applicant is to be treated as O.B.C. or not."

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Sri Ranvijay Singh, Advocate appearing for the respondent filed application for exemption from appearance of the respondent on the ground that in pursuance of order dated 27.08.2024 passed in Writ-A No. 10147 of 2024 (Durgesh Kumar vs. State of U.P. and others), the respondent has to appear at Allahabad along with other officers today.

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The order dated 27.08.2024 passed in Writ-A No. 10147 of 2024 is as under:-

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"Hearing to continue.

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Put up, as fresh, on 30.08.2024 at 10.00 AM alongwith records of Writ-A No. 11436 of 2024 and Writ-A No. 12611 of 2024.

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In the meantime, respondent no. 8 may file reply to the writ petition as well as supplementary affidavit filed by the petitioner.

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Learned Standing Counsel is directed to place before the Court the records received from the offices of Additional Director (Secondary Education), Prayagraj as well as District Inspector of Schools, Etawah in the matter of Durgesh Kumar, petitioner, and Smt. Manorma Rani, respondent no. 8.

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Sri Surendra Kumar Tiwari, Additional Director (Secondary Education), Prayagraj, is present in the Court today, who is identified by Sri Pradeep Singh, learned Standing Counsel.

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He is directed to remain present and assist the Court on the next date at 10.00 AM."

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Accordingly, exemption application is allowed.

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List this case on 02.09.2024 at 11:30 A.M. in terms of earlier order dated 21.08.2024.

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On the next date, the respondent shall remain present in person before this Court.

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In case the respondent fails to comply the earlier order, then charge shall be framed against him."

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In pursuance of the aforesaid order, respondent no. 1- Shri Surendra Tiwari, Secretary, U.P. Basic Education Board, Prayagraj is present before this court and places the copy of the Order No. 9596-99/2024-25 dated 30.08.2024, which is taken on record.

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It is informed that the applicant has been inducted as a candidate for the selection of Assistant Teachers of 2019. It is also informed that the selection of 69,000 candidates is being scrutinized in pursuance of the direction of the Division Bench of this Court and the name of the applicant shall also be considered after scrutiny, along with the candidates who have secured lesser marks to the applicant in OBC category.

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List this case on 16.10.2024 within top 10 cases.

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Officer, who is present today, need not to appear on future dates, unless ordered otherwise.

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Order Date :- 2.9.2024 VKS

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Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Barkha Gupta v. Sri Surendra Tiwari, Secy. U.P. Basic Education Board, Prayagraj and Another

Case brief

What is this about?

What did the court decide?

Barkha Gupta v. Sri Surendra Tiwari, Secy. U.P. Basic Education Board, Prayagraj and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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