JUDGMENT Rakesh Tiwari, J.
1. The Contempt Application has been filed with the prayer to initiate suo moto contempt proceedings against the respondents for wilful and deliberate disobedience of the final judgment and order 12.12.2000 passed by this Court in Special Appeal No. 572 of 1993, Moti Chandra Yadav and Ors. v. State of U.P. and Ors..
2. On 17.1.2002 the Contempt Application was admitted and notices were issued to the respondents. In compliance of the order of this Court dated 17.1.2002, office sent notices to respondents No. 1, 2 and 3 fixing 9.4.2002 have been received back with the following report:
(1) The service report of OP. Nos. 1 and 2 has been returned back unserved with the remark that Sri P.C. Sharma, Principal Secretary, Ministry of Education (Secondary Education) has been transferred to Sugar Corporation.
(2) Sri Sanjay Mohan, Director of Education (Secondary Education), U.P.,1 Allahabad is at present sitting at 18, Park Road, Lucknow.
3. It was reported that the Service Report of opp. party No. 3 Sri Sanjay Mohan, Director of Education (Secondary Education) has not been received back and the case was directed to be put up for orders. The notice again issued to him was received back unserved on 29.7.2002 mid therefore, an impleadment application was filed, which was allowed by order dated 14.11.2002 and notices were issued to respondent No. 2 and newly added respondents No. 4 and 5 fixing 13.1.2003. Again an impleadment application was filed for impleading Mr. Johra Chatarji and Mr. Ashok Kumar, which was allowed and the notices issued to them were received back after service. It is evident that an affidavit of service and rejoinder-affidavit were also filed.
4. By order dated 2,4.2003 the case was directed to be listed in the next cause list and in the mean time Standing Counsel was directed to ascertain the compliance of the order as averred by him in the counier-affidavit. In the order dated 9.4.2003 it was stated that the respondents had prayed for grant of one month's time for compliance of the order passed by this Court and further that the respondents have not submitted any application reporting compliance of the aforesaid order and as such order was passed directing opp. party No. 2 to be present before this Court on 18.4.2003. The Counsel for the petitioner as well as the Standing Counsel will inform Sri Sanjay Mohan, Director, Education (II) about this order by tomorrow. On 18.4.2003, the matter was heard and it was directed to be listed on 19.5.2003 for further arguments.
5. During the course of arguments on 18.4.2003 it appeared that there was some fishy business going on in the education department and scandal of Crores of rupees of Government was being embezzled by fake institutions received as grant-in-aid from the Government. This Court, therefore, directed Sri Sanjay Mohan, Director of Education (Secondary Education) to make inspection of all the Sanskrit Vidyalayas including the institution of the applicants. In pursuance thereof the institutions were inspected on 3.5.2003 by the Director of Education (Secondary Education), UP., Allahabad. After inspection an enquiry report has been submitted which has been filed as Annexure-SCA-1 to the supplementary-affidavit. From the inspection report it appears that 587 students have been shown in the Primary classes as regular students, but at the time of inspection no student was found present there and it was informed by the Principal to the Inspecting Officer that since the examination has been over and the students are not coming. However, no record relating to the examination was shown to the inspection authority. He has also not produced any relevant document by which it could be established that the institution was functioning. Even the Teachers were not present and there was no signature of the petitioners on the Attendance Register. It has also been averred in the affidavit that the institutions in question were again inspected by the District Inspector of Schools earlier on 5.4.2002 and only 10 students were found physically present as against 312 students shown to have been enrolled. Copy of the inspection report dated 5.4.2002 is also annexed with this affidavit.
6. In Para 6 of the affidavit, it has been averred that all the teachers of the institution in question are untrained having the qualification of High School/ Intermediate passed and they do not fulfill the requisite qualifications for being appointed as Assistant Teachers in the institution. It is not known as to how the applicants in this contempt application are claiming themselves to be the teachers. It appears that they arc not qualified. They had filed writ petition and Special Appeal and had obtained order in the Special Appeal by misrepresentation of facts. Apart from the report and the affidavit submitted in this case, Sri Sanjay Mohan has also submitted report in respect of physical verification of all 836 Sanskrit Vidyalayas running in the State, which are receiving grant-in-aid in the institution.
7. In view of the startling facts and in pursuance of the Court order, the Director of Education (Madhyamik), U.P., Lucknow by letter dated 214.2003 issued letters to all the Regional Joint Directors of U.P. and the District Inspector of Schools to make survey of all the Sanskrit Vidyalayas receiving grant-in-aid and report regarding attendance of the teachers and students physically present in the institution.
8. Accordingly, Sanskrit Vidyalayas in Meerut, Agra, Saharanpur, Moradabad Bareilly, Lucknow, Faizabad, Devipatan, Gorakhpur, Basti, Azamgarh, Varanasi, Mirzapur, Allahabad, Kanpur, Jhansi and Chitrakoot regions were inspected. The position of Teachers and students in each region are as under:-
9. The percentage of enrolled students with regard to their physical verification at the time of inspection in the aforesaid 17 regions is as under :-
10. The report has been submitted by Sri Sanjay Mohan, Director of Education (Secondary Education), U.P., Lucknow in respect of each institution of each of the aforesaid regions. This report in the form of a chart makes starling relevation.
11. The survey made by the Education Department under the direction of the Court reveals that in most of the schools salary is being drawn showing false appointment of the teachers and the scholarship is being taken in false name of students, such strength is shown to be more than double of the actual strength. The institution are said to run in rooms, which have no roof, the schools having no study materials for teaching the students, and a fraud is going on all around. From the report it appears that this fraud and corruption in the Education Department is rampant on a very large scale and has been going on successfully for years together naturally with connivance of the Officers and the staff of the Education Department at all levels. The grant is being pocketed by handful persons in the names of schools and institutions. They arc mis-appropriating the funds to their own benefit. The N.G.O. are duping the Government of Crores of rupees. According to a rough estimate about 400 Crore Rupees appears to have been worked away sanctioned. The Government is being duped in the name of Sanskrit Vidyalayas of more than Rs. 25 Crore rupees per annum.
12. In the inspection report of the particular institutions in which the applicants are said to be working as Assistant Teachers, discloses that false and fabricated documents were placed before the Inspecting Authority. This school is said to run in two rooms of 12 x 20 (without roof), and tin shed of 10 x 15 (without door and window) in which house hold belongings were found and no material whatsoever was there to show that these were class rooms. The applicants are not qualified for appointment as Assistant Teachers, as they are only High School/Intermediate passed. They filed the writ petition by making incorrect averments on affidavit. Their claim stands falsified by the record and inspections. The relevant portions of Inspection Report dated 3rd May, 2003 and 5th April, 2002 are as under:-
fujh{k.k vk[;k&& Jh jkes'oj laLÑr fo|ky;] f=eqgkuh ?kkV] tkSjk cktkj] dq'khuxj dk lhyh; fujh{k.k fnukad 3 ebZ] 2003 dks lg ftyk fo|ky; fujh{kd] nsofj;k Mk- oh- ih- flag o rhu lgk;dksa ds lkFk izkr% 8-25 ij fd;k x;k A fo|ky; eas o`{k ds uhps dqN yksx cSBs ns[ks x;s A rRle; fo|ky; eas ,d Hkh Nk= mifLFkr ugha Fkk A fo|ky; ds iz/kkukpk;Z Jh eqUuh izlkn feJ us crk;k fd fnukad 2 ebZ] 2003 dks laLÑr fo|ky;ksa dk vodk'k Fkk A vkt dksbZ Nk= ugha vk;k gS A iz/kkukpk;Z fujh{k.k ds le; fo|ky; esa Nk=ksa dh vuqifLFkfr dk dkj.k ugha crk ik;s A fo|ky; ds ,d d{k esa dqN yksx iaftdk ij gLrk{kj djrs ik;s x;s A iz/kkukpk;Z us crk;k fd laLÑr fo|ky; o"kZ 1974 ls mÙkj e/;ek Lrj rd ekU;rk izkIr gS rFkk 5 f'k{kd fof/kor vuqeksfnr gSaa] ftUgsa osru Hkqxrku fd;k tkrk gS mDr dFku dh iqf"V esa iz/kkukpk;Z }kjk ekU;rk rFkk vuqeksnu i= izLrqr fd;s A iz/kkukpk;Z }kjk fo|ky; ds vfHkys[kksa dks izLrqr dj fo|ky; ea lEc) izkbejh d{kkvksa dk lapkyu Hkh fd;k tkuk crk;k A fo|ky; ds vfHkys[kksa dk voyksdu fd;k x;k] mDrkuqlkj fo|ky; dh lEiw.kZ fLFkfr fuEuor~ ikbZ xbZ %&& 1- f'k{kd mifLFkr iaftdk& f'k{kdkssa dh mifLFkfr iaftdk esa ik¡p f'k{kdksa ds uke vafdr Fks A fujh{k.k frfFk dks Jh eqUuh izlkn feJ] iz/kkukpk;Z o Jh n;kuUn ik.Ms;] ls- v- lkfgR; ds gLrk{kj Fks] 'ks"k rhu f'k{kd Jh jk/ks';ke flag] Jh jke/kuh ik.Ms; ,oa Jh lw;Z ukjk;.k vuqifLFkr Fks A iz/kkukpk;Z us ,d i`Fkd~ iaftdk izkbejh d{kkvksa ds f'k{kdksa dh izLrqr dh mDr iaftdk dk voyksdu fd;k x;k A iaftdk esa 15 f'k{kdksa ds uke vaafdr Fks] fdUrq fujh{k.k frfFk dks fdl Hkh f'k{kd ds gLrk{kj ugha Fks] ftlls izkbejh d{kkvksa dh mifLFkfr dh iqf"V ugha gqbZ A 2- Nk= izos'k iaftdk&&fo|ky;
dh Nk= izos'k iaftdk ns[kh xbZ tks izFkek ls mRrj e/;ek rd ds Nk=ksa dh o"kZ 1995&96 ls cuh Fkh A iaftdk esa uohu Nk=ksa dh iathdkj.k Øekad igys dk Fkk] tcfd iqjkus Nk=ksa dk iathdj.k Øekad ckn dk ntZ ik;k x;k A Nk= izos'k iaftdk fof/kor~ ugha cukbZ xbZ Fkh A izkbejh d{kkvksa dh izos'k iaftdk Hkh ns[kh xbZ mDr iaftdk Hkh fof/kor ugha cukbZ x;h Fkh A d{kk 1&v dk ,l-
vkj- Øekad 1400 ntZ Fkk] tcfd d{kk 1&c ,l- vkj- Øekad 1300 ntZ ik;k x;k tks fd Hkzked] =qfViw.kZ o fu;eksa ds foijhr ikbZ xbZ A 3- Nk= mifLFkfr iaftdk&&iz/kkukpk;Z }kjk izLrqr Nk= mifLFkfr iaftdk dk voyksdu fd;k x;k mifLFkfr iaftdkvksa eas dqy 85 Nk=ksa dk uke vafdr ik;k x;k A fujh{k.k frfFk dks ,d Hkh Nk= mifLFkfr ugha Fkk] tcfd Nk= mifLFkfr iaftdk 69 Nk=ksa dh mifLFkfr vafdr Fkh A izkbejh vuqHkkx dh Nk= mifLFkfr iaftdk,a ns[kh xbZ A ftlesa d{kk 1 ls 5 rd ds dqy 587 Nk=ksa dk uke vafdr fd;k x;k Fkk A izkbejh d{kk dk ,d Hkh Nk= fujh{k.k ds le; mifLFkr ugha Fkk A iz/kkukpk;Z }kjk izkbejh d{kkvksa ds Nk=ksa dh vuqifLFkfr ls lEcfU/kr vfHkys[k izLrqr ugha fd;s x;s A ckn esa iz/kkukpk;Z }kjk crk;k x;k fd izkbejh d{kkvkasa dh ijh{kk gks xbZ gS] fdUrq ijh{kk fy;s tkus lEcU/kh dksbZ Hkh vfHkys[k izLrqr ugh fd;k x;k A ftlls iz/kkukpk;Z ds mDr dFku dh iqf"V ugha gqbZ A 4- Hkou dh fLFkfr&&laLÑr fo|ky; esa Hkou ds :i esa yxHkx 8 x 10 ds th.kZ 'kh.kZ Nrfoghu dejs] ,d 12 x 20 dk dejk Nr lfgr ik;k x;k A blds lkFk gh yxHkX 10 x 15 ds lkr fVu 'ksM f[kM+dh jfgr Hkh ns[ks x;s A fo|ky; ds ,d d{k esa ?kjsyw lkeku j[kk gqvk Fkk A fo|ky; iBu&ikBu dk dk;Z gksrk jgk gS ,slk izrhr ugha gqvk A 5- iBu&ikBu dh fLFkfr&&fo|ky;
esa fdlh Hkh d{kk esa iBu&ikBu dh lkexzh Hkh ugha ns[kh xbZ vkSj u gh iBu&ikBu dk okrkoj.k gh ik;k x;k A fujh{k.k vk[;k&&vkt fnukad 5-4-2000 dks Jh jkes'oj laLÑr fo|ky;] f=eqgkuh?kkV] dq'khuxj dk LFkyh;
fujh{k.k fd;k x;k A fujh{k.k ds le; fuEufyf[kr v/;kid mifLFkfr feys ftudk fooj.k fuEuor~ gSa% Øe la-
uke ;ksX;rk fu;qfDr frfFk 1-
Jh xksfoUn 'kj.k ik.Ms;
b.Vj 1989 2-
Jh jkeuxhuk dq'kokgk b.Vj 1982 3-
Jh xtkuu mik/;k;
b.Vj 1978 4-
Jh O;kl eqfu ik.Ms;
b.Vj
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5-
Jh jkey[ku izlkn b.Vj 1984 6-
Jh jktcgknqj flag b.Vj 1980 7-
Jh lqjsUnz flag b.Vj 1988 8-
Jh tokgj flag
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9-
Jh 'kSysUnz flag
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mi;qZDr f'k{kdksa esa ls Øekad 4 rFkk 9] 10 ij vafdr f'k{kd fujh{k.k ds le; mifLFkfr ugha Fks A fujh{k.k dh lwpuk ikdj ckn esa mifLFkr gq, A laLÑr egkfo|ky; gsrq dejksa dh la[;k 3 crkbZ xbZz ftlesa 1 dejk Nr lfgr 18 x 11 dk rFkk nks dejs fcuk Nr ds th.kZ&'kh.kZ voLFkk eas 12 x 8 ds ik;s x;s A fo|ky; esa layXu izkbejh vuqHkkx Hkh lapkfyr gksuk crk;k x;k ftlds fy;s 7 dejs crk;s x;s] dejs Vhu 'ksM okys 10 x 15 ds ik;s x;s A okLrfod mifLFkfr Nk=ksa dh la[;k fuEuor~ ik;h x;h % d{kk 1 01 Nk= d{kk 2 07 Nk= d{kk 3 02 Nk= d{kk 4 'kwU;
d{kk 5 'kwU;
bl izdkj ukekafdr 312 Nk=ksa dh rqyuk esa ek= 10 Nk= mifLFkfr ik;s x;s] tks bl rF; dk |ksrd gS fd fo|ky; esa f'k{kdksa }kjk iBu&ikBu dk dk;Z fu;fer :i ls ugha fd;k tkrk A ek¡xus ij fo|ky; ls lEcfU/kr dksbZ Hkh vfHkys[k rFkk ekU;rk] f'k{kdksa dk vuqeksnu] d{kk lapkyu] oxZ lapkyu dh vuqefr] layXu izkbejh dh lEc)rk dk vkns'k vkfn izLrqr ugha fd;k x;k A fo|ky; dh fLFkfr vR;Ur [kjkc rFkk fpUrktud gS A g-
v'kksd dqekj] ftyk fo|ky; fujh{kd] dq'khuxj A fn-
5-4-2000]
13. Contempt of Courts Act, 1971 has been introduced for purposes of securing a feeling of confidence of the people in general for due and proper administration of justice in the country. The Courts exercising powers under the Contempt of Courts Act is not for per-petuating illegal acts. If a Court comes to the conclusion that the conduct complained of tantamounts to public injury or loss, it can refuse to exercise contempt jurisdiction
14. It is the duty of every Public Servant to save public money and avoid fraudulent expenditure. Such act is not deliberate or willful disobedience of the order of this Court. Refusing to make false payment is not a willful disobedience. It has not been proved by the petitioners that there was a willful disobedience to the order of this Court. It is a genuine act, as petitioners are not eligible for appointment in the institution and they had obtained order from the Court by misrepresentation of fact. There is no intention to disobey the order of this Court. Counsel for the applicants also did not appear in the case on the dates fixed after inspection. Thus, the applicants have not been able to satisfy the Court that they were validly appointed as Assistant Teachers and had any legal right for payment of salary.
15. The Contempt Application is dismissed.
16. The Court has been informed that the copy of the report has already been submitted to the State Government. In view of the aforesaid facts, the Secretary Secondary. Education, Government of Uttar Pradesh is directed to take proper action in respect of Sanskrit Vidyalaya, but may also take action in respect of Madarsas and other educational institutions, which are getting grant-in-aid to eradicate rampant corruption in the field of education where crores of rupees are being swindled embezzled in the name of fake institutions showing fictitious figures of Teachers and students.
17. Let copies of this judgment and inspection report be sent to the Secretary, Basic Education and Principal Secretary of Secondary Education, U.P. for suitable action.