Disposed

Ajay Kumar Singh v. Smt. Pratibha Goyel, Vice-Chancellor, Ram Manohar Lohia Avadh University, Ayodhya and Another

Allahabad HC2 Sept 2024CAPL/2452/2024

Case brief

AI extract

What is this about?

In a contempt application, the Allahabad High Court rejected the respondent's counter affidavit as contemptuous despite the liberty given to the Vice-Chancellor to appoint or not appoint a Convener. The order directs the respondent to file a fresh compliance affidavit or appear in person for charge framing by the next listing.

What did the court decide?

Rejection of counter affidavit; direction to file fresh affidavit of compliance or appear in person.

Ajay Kumar Singh vs Smt. Pratibha Goyel… — Education and Admissions | Allahabad HC (2024)

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Court No. - 17

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 2452 of 2024

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Applicant :- Ajay Kumar Singh Opposite Party :- Smt. Pratibha Goyel, Vice-Chancellor, Ram Manohar Lohia Avadh University, Ayodhya And Another Counsel for Applicant :- Shweta Shukla,Santosh Kumar Misra Counsel for Opposite Party :- Akhilesh Kumar Srivastava

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the parties.

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The present contempt application is filed with the prayer to take appropriate action against the contemnors/opposite parties for willful, deliberate and intentional disobedience of the order dated 15.05.2024 bearing Special Appeal No.103 of 2024 passed in re; Ajay Kumar Singh Vs. State of U.P. and others and punish him suitably under the Contempt of Courts Act after summoning him personally before this Court.

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Learned Counsel for the applicant submitted that the order dated 03.05.2023, by which Dr. Ashok Kumar Rai was appointed as Chairman-cum-Convener dehors the proviso to Ordinance 16-D (E) framed by the University. When the representation was made against the same, which was also rejected by respondent No.1 on 11.10.2023 and the aforesaid order was challenged in a writ petition, but the writ petition was also dismissed on 19th April, 2024. Then, all the aforesaid orders were challenged in Special Appeal No.103 of 2024 before the Division Bench of this Court and after hearing the matter, the operation of the appointment of Shri Ashok Kumar Rai as Convener was stayed and it was open to the ViceChancellor of the University to appoint a Convener of the Board of Studies strictly in accordance with what has been observed in the order keeping in mind the proviso to Ordinance 16-D (3) within a period of one week.

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Learned counsel for the applicant submitted that a counter affidavit is filed by the respondent, which is highly contemptuous because it is observed in para 6 and 7 that no direction has been issued for appointing Convener as it was open to respondent No.1 either to appoint or not to appoint. Therefore, respondent No.1 be summoned and punished accordingly.

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Shri Akhilesh Kumar Srivastava, learned counsel for the respondent No.1 submitted that a liberty was given to respondent No.1 either to appoint or not to appoint the

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Convener of the Board of Studies, but he does not dispute this fact that the appointment of Dr. Ashok Kumar Rai as Convener was stayed by the Division Bench of this Court in the aforesaid Special Appeal on 15.05.2024.

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Considering the contents of the order passed by the Writ Court as well as counter affidavit filed by respondent No.1, as the Division Bench of this Court in the aforesaid Special Appeal on 15.05.2024 had stayed the operation of the order, by which Dr. Ashok Kumar Rai was appointed as Convener and a direction was also given to Vice-Chancellor of the University to appoint a Convener of the Board of Studies within a period of one week considering the observations made in the order strictly in accordance with the proviso to the Ordinance 16-D (E) of the University, in such circumstances, counter affidavit filed by respondent No.1 is hereby rejected.

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List this case on 16th September, 2024 at 11:30 am.

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By the next date of listing, respondent No.1 shall file fresh affidavit of compliance, failing which, he shall appear in person before this Court for framing of the charges.

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Order Date :- 2.9.2024 Ashutosh

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Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench

Ajay Kumar Singh v. Smt. Pratibha Goyel, Vice-Chancellor, Ram Manohar Lohia Avadh University, Ayodhya and Another

Case brief

What is this about?

What did the court decide?

Ajay Kumar Singh v. Smt. Pratibha Goyel, Vice-Chancellor, Ram Manohar Lohia Avadh University, Ayodhya and Another

Case brief

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