Anukalp Gupta (Minor) Vs Shri Manoj Shrivastava — Chhattisgarh HC (2025) — LawSathi Research

Anukalp Gupta (Minor) Vs Shri Manoj Shrivastava — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Respondent directed to allow the admission of the petitioner subject to conditions: if the learned Single Judge's order is set aside or varied, the petitioner will not claim parity; admission subject to the outcome of the Division Bench judgment or the Review Petition; and this order will not be a precedent in future cases.

Issue for consideration

Whether mere filing of a review petition, in the absence of any stay against the impugned order, confers a right on the respondent to not obey the order passed by this Court.

Court's answer

Since there is no stay against the impugned order, merely filing of the review petition does not confer any right on the respondent to not obey the order passed by this Court.

Ratio / Principle

Unless and until the legality and propriety of the impugned order passed by the learned Single Judge is varied, the order has to be obeyed.

Key takeaways

Respondent directed to allow the admission of the petitioner, subject to the condition that if the order passed by the learned Single Judge is set aside or varied, the petitioner will not claim parity, his admission will be subject to the outcome of the judgment passed by the Division Bench or in the Review Petition, and this order will not be a precedent in future cases.ratio¶18

Detailed headnote1 paragraphs

Contempt — alleged disobedience of order passed by learned Single Judge directing admission of minor petitioner (Class VI student) — respondent Principal appeared stating that a review petition had been filed — Held: (i) since there is no stay against the impugned order, mere filing of the review petition does not confer any right on the respondent to not obey the order passed by this Court; (ii) unless and until the legality and propriety of the impugned order passed by the learned Single Judge is varied, the order has to be obeyed — respondent directed to allow admission of the petitioner subject to conditions that if the Single Judge's order is set aside or varied the petitioner will not claim parity, admission will be subject to the outcome of the Division Bench judgment or the Review Petition, and the order will not be a precedent in future cases — contempt petition disposed of.

1

2025:CGHC:55209

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CONT No. 1531 of 2025

Anukalp Gupta (Minor) S/o Shri Ajay Kumar Gupta Aged About 11 Years Being A Minor Is Filing The Writ Petitioner, Through His Father I.E. Shri Ajay Kumar Gupta, S/o Ram Prasad Gupta, Aged About 43 Years, R/o Ward No. 7, Durga Mandir Road, Marwahi, Bilaspur Chhattisgarh 495118

... Petitioner(s)

versus

Shri Manoj Shrivastava Principal, Jawahar Navodaya Vidyalaya Malhar, Bilaspur, Malhar, Bilaspur, Chhattisgarh 495551

... Respondent(s)

For Petitioner(s)	: Mr. M.P.S. Bhatia, Advocate.
For Respondent(s)	: Mr. Ramakant Mishra, Advocate.

(Hon’ble Mr. Justice Narendra Kumar Vyas)

Order on Board

12/11/2025

Contempt notice has been issued to the respondent and in pursuance of the notice respondent Shri Manoj Shrivastava, Principal Jawahar Navodaya Vidyalaya, Malhar, Bilaspur is present along with his Advocate Mr. Ramakant Mishra and they would submit that they have filed the review perdition.

2

Since there is no stay against the impugned order, therefore, merely filing of the review petition does not confer any right to the respondent to not obey the order passed by this Court. However, looking to the facts and circumstances of the case, it is the case of admission of Class VIth student and the documents contained that the petitioner was not eligible to be considered, but wrongly it has been considered which has been subsequently canceled.

Be that as it may, unless and until the legality and propriety of the impugned order passed by the learned Single Judge is varied, the order has to be obeyed, therefore, it is directed that the respondent shall allow the admission of the petitioner subject to condition that in case the order passed by the learned single Judge is set aside or varied, the petitioner will not claim parity and his admission will be subject to out come of the judgment passed by the Division Bench or in the Review Petition and this order will not be precedent in future case also.

With the aforesaid observation, this contempt petition is disposed of.

RAVVA SATYANARAYANA Sd/- RAJU (Narendra Kumar Vyas) Digitally signed by JUDGE RAVVA SATYANARAYANA RAJU Date: 2025.11.18 11:14:16 +0530

Raju