Court No. - 40
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4069 of 2017 Applicant :- Akash Singh Opposite Party :- P.N. Prashad Examination Controller Counsel for Applicant :- Anurag Bhatt Counsel for Opposite Party :- B D Pandey
Hon'ble Manoj Kumar Gupta,J.
Under order of the Writ-Court, the Examination Controller, Bundalkhand University, Jhansi was required to issue marks sheets of the petitioner in respect of all six semesters of B.Sc. Computer Science. The order further provides that in case he comes to the conclusion that the petitioner is not entitled to issuance of marks sheet of any particular semester, he shall pass a speaking order in that regard.
On 7.8.2019, the following order was passed :-
"Counsel for the applicant is granted liberty to implead Sri Ajay Krishna Pandey, who has now taken over as Examination Controller, Bundelkhand University, Jhansi as opposite party no.2 to the instant contempt application.
Counsel for the University seeks time to produce before this Court copies of mark-sheets of various semesters of the applicant on the next date. In case the applicant has not appeared in any paper in any semester, that in the opinion of the Court, cannot be an impediment in issuing the mark-sheet of that semester. In that case, he will be shown absent in the said paper.
List on 21.8.2019.
On the said date, all the marks sheets shall be produced, failing which, the newly impleaded opposite party no.2 shall remain personally present before this Court."
On matter being taken up today, learned counsel for the respondent University has produced before this Court the marks sheets of the petitioner of all six semesters. The marks sheets have been duly handed over to Sri Anurag Bhatt, Counsel for the applicant.
Learned counsel for the applicant submitted that under order of the Writ-Court, the decision was required to be taken by the opposite party within three weeks but he took more than two years in handing over the marks sheets.
Learned counsel for the respondent university points out that decision was duly taken in compliance of order of the Writ- Court on 23.8.2017 (Annexure 1 to the compliance affidavit).
Having regard to the fact that the marks sheets have now been handed over to the applicant, this Court is of the opinion that the opposite party has substantially complied with the direction issued by the Writ-Court, therefore, it finds no good ground to keep the matter pending or proceed any further against the opposite party.
The notices issued are accordingly discharged. The contempt application is consigned.
(Manoj Kumar Gupta, J.) Order Date :- 21.8.2019 skv