Aisha Khan and 3 Others Vs Syed Athar Nabi Manager Amiruddaula Islamia Degree College and Another — Allahabad HC (2025) — LawSathi Research

Aisha Khan and 3 Others Vs Syed Athar Nabi Manager Amiruddaula Islamia Degree College and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Contempt notice against respondent no. 2 discharged; respondent no. 1 granted two weeks' time to file compliance affidavit of the writ court's judgment and order dated 29.09.2010, failing which respondent no. 1 is to appear before the Court for framing of charges; case listed in the week commencing 17.02.2025.

Issue for consideration

Whether there has been any disobedience or non-compliance of the judgment and order passed by the writ court as far as it relates to the State or its officials. +2 more

Ratio / Principle

In view of the facts as stated above (that all dues of Mumtaz Degree College were paid and, the deceased having joined the self-financed Amiruddaula Islamia Degree College, the State has no role and there is no disobedience or non-compliance of the writ court's order so far as the State or its officials are concerned, a submission not disputed by the applicants' counsel), the contempt notice against respondent no. 2 is hereby discharged.

Key takeaways

Two weeks' time is granted to respondent no. 1 for filing compliance affidavit of the judgment and order dated 29.09.2010, failing which respondent no. 1 shall appear before this Court for the purpose of framing of charges.ratio¶10

Detailed headnote1 paragraphs

CONTEMPT APPLICATION (CIVIL) No. 4076 of 2024, High Court of Judicature at Allahabad, Lucknow Bench (Order dated 27.01.2025, Hon'ble Manish Kumar, J.), concerning compliance with the judgment and order dated 29.09.2010 passed by the writ court in Writ Petition No. 1449 (S/B) 2009 (C/M Amiruddaula Islamia Degree College, Lucknow and Another versus The Vice Chancellor, Lucknow University, Lucknow and others), affirmed by the Hon'ble Apex Court. Learned State Counsel submitted that the husband of applicant no. 1 and father of applicant nos. 2 to 4, after resigning from Mumtaz Degree College on 05.02.1996, joined the self-financed Amiruddaula Islamia Degree College; all dues of Mumtaz Degree College had been paid; accordingly the State has no role to play and there is no disobedience or non-compliance of the writ court's order as far as the State or its officials are concerned - a submission not disputed by learned counsel for the applicants. On these facts the Court discharged the contempt notice against respondent no. 2. Shri G.L Yadav, learned counsel for respondent no. 1, obtained two weeks' time for filing compliance affidavit, failing which respondent no. 1 shall appear before the Court for framing of charges. The affidavit of compliance filed by Dr. Sudheer Kumar, Regional Higher Education Officer, was taken on record, and the case was listed in the week commencing 17.02.2025.

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 4076 of 2024

Applicant :- Aisha Khan And 3 Others Opposite Party :- Syed Athar Nabi Manager Amiruddaula Islamia Degree College And Another Counsel for Applicant :- Rani Singh,Gaurav Mehrotra Counsel for Opposite Party :- Girdhari Lal Yadav,Ram Lal

Hon'ble Manish Kumar,J.

Dr. Sudheer Kumar, Regional Higher Education Officer has filed an affidavit of compliance, which is taken on record.

Learned State Counsel has submitted that the husband of applicant no. 1 and the father of applicant nos. 2 to 4, after resigning from the Mumtaz Degree College on 05.02.1996, had joined in Amiruddaula Islamia Degree College, which is a self financed institution. All the dues as far as it is related to the Mumtaz Degree College had already been paid to the husband/father of the applicants respectively and after joining of the deceased at Amiruddaula Islamia Degree College, which is a self financed institution, the State has no role to play and there is no disobedience or non-compliance of the judgment and order passed by the writ court as far as it is related to the State or its officials.

Learned counsel for the applicant has not disputed the said submission on behalf of the State.

In view of the facts as stated above, the contempt notice against respondent no. 2 is hereby discharged.

Shri G.L Yadav, learned counsel for respondent no. 1, after arguing at some length, has submitted that two weeks' time may be granted for compliance of the judgment and order dated 29.09.2010, passed by the writ court in Writ Petition No. 1449 (S/B) 2009 (C/M Amiruddaula Islamia Degree College, Lucknow and Another versus The Vice Chancellor, Lucknow University, Lucknow and others), which has been affirmed by the Hon'ble Apex Court.

As prayed, two weeks' time is granted for filing compliance affidavit, failing which, the respondent no. 1 shall appear before this Court for the purpose of framing of charges.

List this case in the week commencing 17.02.2025.

Order Date :- 27.1.2025 DiVYa

Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench