Dismissed

C. v. Bhagvant Rao v Rajendra Prasad Mandal (I.a.S.)

Chhattisgarh HC1 Feb 2024CONT/294/2020

Case brief

AI extract

What is this about?

The petitioner filed a contempt petition alleging non-compliance with the Court's order dated 21.08.2017 directing the State to ensure equitable distribution of educational materials to school children. The Court found that the Respondents had complied with the order in letter and spirit through an order dated 03.04.2021 and discharged the rule.

What the court decided

AI extract

C. v. Bhagvant Rao Vs Rajendra Prasad Mandal… — Service and Employment | Chhattisgarh HC (2024)

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CONT No. 294 of 2020

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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CONT No. 294 of 2020

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C. V. Bhagvant Rao S/o Late Shri C.V Suryanarayanan, aged about 61 years, R/o MIG/2-39, Hudco Colony, Bhiali, Police Station Kotwali, District Durg Chhattisgarh.

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---- Petitioner

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Versus

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1.Rajendra Prasad Mandal (I.A.S.), Chief Secretary, Government of Chhattisgarh Mahanadi Bhavan, Mantralaya Atal Nagar, Raipur Chhattisgarh.

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2.Dr. Alok Shukla (I.A.S.), Secretary School Education Government of Chhattisgarh, Mahanadi Bhawan, Mantralaya Atal NagarRaipur Chhattisgarh.

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3.Jitendra Kumar Shukla (I.A.S.), Director, Public Instruction School Education Indravati Bhavan Atal Nagar Raipur, Chhattisgarh.

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---- Respondents

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For Petitioner :- Mr. Devershi Thakur, Advocate, and Mr. Ashutosh Biswas, Advocate. For Respondents No.2 & 3 :- Mr. Shreyansh Mehata, Advocate.

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Hon'ble Shri Justice Sanjay K. Agrawal Order On Board

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02/02/2024

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This contempt petition has been filed by the petitioner for noncompliance of order of this Court dated 21.08.2017 by which

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CONT No. 294 of 2020

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Devision Bench of this Court has passed the following order in

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para 8 & 9 which state as under :-

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“8. Per capita expenditure to be incurred for the children in the schools is a matter for determination by the Government applying different yardsticks which would apply when dealing with that sector. A modality has to be definitely made to ensure that the eligibility of every child to free textbooks, writing materials, uniforms etc. reaches it through the school concerned, in the form of such materials and not by money/cash equivalent to be distributed to the child or its parent/guardian.

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For the aforesaid reasons, we order this writ petition directing that the Respondents No. 2 to 4 will consider the entire gamut of issues arising out of the factors pointed out hereinabove in the light of the contents of Annexure P/1 and take appropriate decision having regard to all facts and circumstances so that the issue can be resolved by ensuring that there will be equitable and meaningful use of the financial resources of the State, to the extent possible, for the purpose of discharging its duties and obligations in terms of the provisions of the Act. The said Respondents will make every endeavour to arrive at a decision with an aim to, possibly effectuate it during the current academic year itself.”

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Learned counsel for the petitioner submits that the respondents have not complied with the order passed by Division Bench of this Court dated 21.08.2017 and, therefore, contempt petition may be initiated against them.

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Learned counsel for the respondents No.2 & 3 has filed return stating that the order in question has been complied with in it letter and spirit and there is no violation of order of this Court. He further submits that respondent No.2 has issued an order dated 03.04.2021 (Annexure-R/2) for strict compliance of order in question.

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CONT No. 294 of 2020

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I have heard learned counsel for the parties, considered their rival submission made herein above and gone through the records with utmost circumspection.

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At this stage, it would be appropriate to consider the order dated 03.04.2021 (Annexure-R/2) and the relevant part of that order states as under:-

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" आपककननररनशतनकययजयतयहहनक, ककपययसभभनवदयलययककससनचत कररनकवकनगररयनशनवदयरररययअरवयपयलककककर क रअरधननयमककपयवधयनय ककअअतगरतअपनकरयनयतवयसकममकनहभहकसकतक।ककपयययहसमननशशचतकररनक, सकसलयदयरयनननशमलकएवअअननवययरबयलनशकयककअरधकयरअरधननयम 2009 कक अअतगरतपवकनशतनवदयरररययककपयठपमसतकर, गणवकश, एवअलकखनसयमगभसभभ सकसलयदयरयनननशमलकउपलबधकरययकजययर।जकसकसलअरधननयमककपयवधयनय कयउलअघनकरतकहहउनककनवरधरककपययअरधननयमककपयवधयनयककअअतगरत रअडयतमककययरवयहभततकयलकरनककयकषकरर।

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ककपययसभभसकसलयककयहससनचतकररनक, यनरवकनननशमलकएवअअननवययर बयलनशकयककअरधकयरअरधननयम 2009 ककअअतगरतपवकनशत नवदयरररययकक उपरककयनमसयरनननशमलकपयठपमसतकर, गणवकश, एवअलकखनसयमगभउपलबधनहभ करतकहहतकमयननभयउचचनययययलयदयरयजननहतययनचकयकमयअक WP(PIL) 52/2017 मरपयररतननणरयनरनयअक 21.08.2017 ककअवमयननयककरकषभ हयगक।"

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Having gone through the order dated 03.04.2021 (Annexure – R/2) and other documents available on record, I am of the considered opinion that the order in question dated 21.08.2017 passed by the Devision Bench of this Court has complied with in its letter and spirit and I do not find any good case for contempt, accordingly, the instant contempt petition is closed and rule is discharged.

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Sd/(Sanjay K. Agrawal) Judge

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Ankit

C. v. Bhagvant Rao v Rajendra Prasad Mandal (I.a.S.)

Case brief

What is this about?

What the court decided

C. v. Bhagvant Rao v Rajendra Prasad Mandal (I.a.S.)

Case brief

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