Court disposed of a contempt petition filed alleging non-compliance of an earlier order. The respondent's counsel placed on record a communication showing that authorities informed the relevant school to comply with a prior order within four weeks.
None. Petition disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CP-602.2019.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
CONTEMPT PETITION NO.602 OF 2019 IN
WRIT PETITION NO. 1693 OF 2017
Prashant Surendrakumar Shrivastava. Versus
Petitioner
The Union of India and others. Respondents
Mr. S.G. Dodya, Advocate for the petitioner. Mr. S.B. Deshpande, A.S.G. for respondent No.1.
CORAM : PRASANNA B. VARALE &
AVINASH.G. GHAROTE, JJ.
DATE : 20 September 2019.
ORDER :
. Heard learned Counsel for the petitioner. The
grievance is raised in the Contempt Petition that the order of this
Court dated 05.02.2018 in Writ Petition No.1693 of 2017 is not
complied with inspite of stipulation of period. The copies of the petition were submitted to the office of Union of India for the respondents, who are the office bearers of the respective Central
Government Department as well one of the respondent who is the
Principal of Oyster English High School and Junior College, Aurangabad. On receiving the copy, a contact was established
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CP-602.2019.odt
through the office of the Assistant Solicitor General of India with the Authority of Central Board of Study and Education (in short “CBSE”) and in response a communication is received addressed to the learned Assistant Solicitor General. Mr. Deshpande, the Assistant Solicitor General placed on record the communication dated 02.08.2019. Mr. Deshpande also invited our attention to the document annexed to the communication dated 02.05.2018. This communication is addressed to respondent No.4 – Principal, Oyster English High School and Junior College through Section Officer of CBSE.
and had immediately informed respondent No.4 seeking
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CP-602.2019.odt
necessary compliance and it was for the respondent No.4 to take
steps immediately facilitating respondent No.2 CBSE to take decision as per the order of this Court. Considering this fact, the Counsel for the petitioner fairly submitted that he would appraise respondent No.4 School for immediate compliance of the communication dated 02.05.2018.
General submits that in case respondent No.4 – School forwards necessary documents alongwith requisite fees expeditiously, in turn respondent No.2 CBSE would decide the issue in respect of the date of birth as directed by this Court within four weeks from the date of receipt of documents and the requisite fees. The statement of learned Assistant Solicitor General Mr. Deshpande is accepted as an undertaking to this court.
(AVINASH.G. GHAROTE, J.) (PRASANNA B. VARALE, J.)
vdd
1 issue framed by the court
Whether the Contempt Petition survives in view of the communication received from authorities confirming steps taken for compliance.
Prashant Surendrakumar Shrivastava
The Union of India
Central Board of Secondary Education
Principal, Oyster English High School and Junior College
Prashanna B. Varale
Avinash G. Gharote
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
