Syed Hussain Mohd. Rizvi vs Dr. Prdeep Kumar, Joint Director of Secondary Education Lko. and Another

Learned State counsel has submitted that an application along with an affidavit has been filed by the opposite party no. 1 for deferment of the contempt proceedings on the ground that the stay vacation application dated 26.05.2025 is pending in the writ petition.

¶13

On the other hand, learned counsel for the applicant has submitted that after filing the stay vacation application along with the counter affidavit, rejoinder affidavit has already been filed by the applicant on 18.07.2025. Thereafter, no application for early disposal of stay vacation application has ever been moved by the opposite parties in the writ petition nor any such efforts have been made.

¶14

In one of the contempt matters when the charges were framed, the special appeal was filed on the ground that the stay vacation application is pending and reliance was placed upon the judgment of the Hon'ble Apex Court in the case of Vinay Kumar Pandey versus Committee of Management Shri Gandhi Inter College and others, which has been enclosed along with the application for deferment. The Division Bench of this Court has considered the judgment of the Hon'ble Supreme Court in the case of Vinay Kumar Pandey (supra) and has interpreted and discussing the same has passed the following order dated 19.08.2025. The relevant paragraphs of the said judgment are quoted hereinbelow:-

¶15

" 26. There is another way to look at the issue and that is once the Contempt Court found that the order of the writ court is not complied with and further noticed that ample time was granted for the appellant to comply with the order and failing which the charge was framed, this exercise is nothing but in aid of the proceedings under the contempt jurisdiction and cannot be said to be beyond jurisdiction of the Contempt

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CAPL No. 2727 of 2025

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2

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Court.

¶19

27. The reliance placed by the learned counsel for the appellants on the decision of the Apex Court in Vinay Kumar Pandey (supra), would reveal that the Apex Court has observed that where the stay vacation application is pending consideration of the writ court, in such circumstances, the Contempt Court should wait for the outcome of the stay vacation application. However, while making the aforesaid observations the Apex Court did not lay down any binding principle which is to be followed unquestioningly that is in all cases if against an order, a stay vacation is pending, then the contempt proceedings cannot proceed rather the observations are to be followed with judicial prudence and not as a mathematical theorem.

¶20

28. The record indicates that the Contempt Court in the impugned order dated 31.07.2025 has clearly noticed that no material was brought on record to substantiate the fact that the appellants seriously pressed their application for stay vacation with promptitude before the writ court. In light of the said finding which could not be demonstrated to be incorrect, this Court does not find the order of the Contempt Court to be without jurisdiction.

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29. For the aforesaid reasons and noticing the dictum of the this Court in Subhash Chandra (supra), this Court is not inclined to entertain the appeals and they are accordingly dismissed. However, it will be open for the appellants to move an application before the writ court with a request to consider the given situation and get the stay vacation application decided expeditiously, and needless to say the said application can be considered by the writ court appropriately. "

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The learned State Counsel is unable to dispute the submissions advanced by learned counsel for the applicant.

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In view of the above, the application for deferment is hereby rejected.

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At this stage, learned State Counsel prays for and is granted three weeks' time for filing compliance affidavit, failing which the opposite party no. 1 shall appear in person.

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List this case in the week commencing 05.01.2026

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December 1, 2025 Ashish

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(Manish Kumar,J.)

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Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Syed Hussain Mohd. Rizvi v. Dr. Prdeep Kumar, Joint Director of Secondary Education Lko. and Another

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Syed Hussain Mohd. Rizvi v. Dr. Prdeep Kumar, Joint Director of Secondary Education Lko. and Another

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