Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5559 of 2019 Applicant :- Kartikay Tripathi Opposite Party :- Sri. Sushimita Kanoogo Principal Of 08678- Maharshi Patanjali, Vidya Mandir Counsel for Applicant :- Vikas Srivastava,Rajesh Kumar Srivastava
Hon'ble Mahesh Chandra Tripathi,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 25.07.2019 passed in Writ-C No.24282 of 2019 (Kartikay Tripathi v. the Chairman Central Board of Secondary Education & Ors.). For ready reference, the relevant extract of order dated 25.07.2019 is quoted as under:-
"It is submitted that the petitioner is not being admitted in Class 11 on account of a discrepancy in the date of birth in the marksheet issued by the respondent Board.
Learned counsel for the petitioner submits that if the discrepancy in the date of birth in the marksheet, is not on account of any fault on the part of the petitioner, the respondent no.3 be directed to admit the petitioner in Class 11.
Considering the fact, this Court finds that the future academic career of the petitioner is at stake.
In case of any discrepancy in the marksheet issued by the CBSE Board, the respondent no. 3, Principal, Maharshi Patanjali Vidhya Mandir, Teliyarganj, Allahabad shall not treat the same as a disqualification for the petitioner.
The Principal, Maharshi Patanjali Vidhya Mandir, Teliyarganj, Allahabad, shall consider the candidature of the petitioner for admission to Class 11, overlooking the aforesaid discrepancy in the date entered in the marksheet, issued by the CBSE Board.
Issue notice to the respondent no. 3 by Speed Post and by ordinary post, returnable within a period of three weeks.
Notices shall also be served by dasti mode. Dasti summons shall be provided by the Registry to the office of learned counsel for the petitioner.
Sri H. N. Pandey, learned counsel for the CBSE Board to file counter affidavit within a period of four weeks."
It is averred in the affidavit so filed alongwith contempt application that a certified copy of the aforesaid order alongwith other documents was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out as while passing the aforesaid order, direction was issued to the Principal, Maharshi Patanjali Vidhya Mandir, Teliyarganj, Allahabad, to consider the candidature of the petitioner for admission to Class 11, overlooking the aforesaid discrepancy in the date entered in the marksheet, issued by the CBSE Board. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite parties to comply with the aforesaid order of the Court within two weeks from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite parties within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate the applicant the order through the self- addressed envelop within a week thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite parties within the stipulated time as aforementioned.
Order Date :- 29.8.2019 A. Pandey