Court No. - 7
Case :- CONTEMPT APPLICATION (CIVIL) No. - 729 of 2019
Applicant :- Saleha Begum
Opposite Party :- Pratap Narayan Singh Counsel for Applicant :- Akhilesh Kumar Counsel for Opposite Party :- Arun Kumar
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
By means of this contempt application filed under section 12 of the Contempt of Courts Act, 1971 non-compliance of the order dated 30.1.2018 passed by writ Court in Writ- A No.- 8884 of 2016 is complained of.
It is argued by learned counsel for the applicant that the order passed by the District Basic Education Officer, Rae Bareilly dated 3.5.2018 is in the teeth of the mandate contained in the order of the writ Court dated 30.1.2018.
Per contra, learned counsel for the opposite party has argued that the applicant was directed to supply necessary documents regarding his admission and registration in the institution from where she took admission in Moallim-E-Urdu course prior to year 1997. However, in reply she wrote a letter to the District Basic Education Officer on 19.2.2018 to the effect that she could not search out the Centre Incharge of the Institution from where she passed out Moallim-E-Urdu course in the relevant year.
Having heard learned counsel for the parties and perused the records, I find that the mandate as contained in the order of the writ court was to the effect that those who had taken admission prior to 11.8.1997 in Moallim-E-Urdu course and passed out in the academic session 1997-98 will be entitled to be considered for the appointment on the post of Assistant Teacher (Urdu). However, this first condition was further qualified with a rider that the petitioners shall have to produce the proof of admission in the course of the relevant year on which basis they had participated in the counselling and passed.
The operative portion of the order dated 31.1.2018 as contained in paragraph 11 is reproduced hereunder:
"11. For the reasons recorded above, this bunch of writ petitions is disposed of by providing as under:-
(i) All the petitioners who had taken admission prior to 11.8.1997 in the Moallim-E-Urdu training course and have cleared it during academic session 1997-98 would be entitled to be considered for appointment to the post of Assistant Teacher in Urdu in the primary institutions run by the Department of Basic Education, Uttar Pradesh, for which process had been initiated vide Government Order dated 5.1.2016.
(ii) Petitioners alongwith certified copy of this order would also submit proof of their admission in the course concerned prior to 11.8.1997 within a period of three weeks from today. It would be open for the concerned District Basic Education Officers to examine the question as to whether admission had in fact been obtained by the petitioners prior to 11.8.1997, as is asserted by them. It goes without saying that other educational certificates etc. would also be open to be examined in accordance with law.
(iii) Petitioners who have already participated in the counselling pursuant to interim orders passed in this bunch of writ petitions and have been selected would be considered for appointment and appropriate orders in that regard would be issued within a period of three months from the date of presentation of certified copy of this order.
(iv) In respect of those petitioners who have not participated in the counselling, it would be open for them to approach the District Basic Education Officer concerned and in case there are posts still lying vacant and the respondents are proposing to conduct further counselling, their claim shall also be considered in accordance with law."
(Emphasis added) From the perusal of the reply of the applicant dated 19.2.2018, it clearly transpires that the applicant has not been able to submit necessary requisite papers as the Centre Incharge of Institution was not traceable. The reply as contained in the letter dated 19.2.2018 is reproduced hereunder:
सेवा में, श्रीमान बेसिसक शि,क्षा अधि0कारी महोदय, जनपद-रायबरली। महोदय, निनवेदन के साथ अवगत कराना है निक प्रार्थिथनी का एडनिम,न नवभारती स्कू ल नीम सराय, जनपद- इलाहाबाद में मोअसि*म उद, ू उपाधि0 के लिलए पंजीकरण निदनांक – 30-07-1997 को श्री जफर अली सेंटर इंजाज, ने निकया था, परतु 20(बीस वर्ष,) पश्चात श्री जफर अली का कही भी पता नही चल पा रहा है, प्राथ7 श्री जफर अली सेंटर इंचाज, को ढू ढते-ढू ढते हता, व निनरा, हो गया है। पता नही श्री जफर अली सेंटर इंचाज, जीनिवत भी है या नही इसका पता नही चल पा रहा है , सिजस कारण व, सेंटर की प्रमाशिणकता उपलब्0 कराने में कनि;नाई हो रही है। अतः महोदय जी के समक्ष प्राथ7 अपने एडनिम,न के संबं0 में ,पथपत्र महोदय जी के समक्ष प्रस्तुत कर रहा है। 19.02.2018 प्रार्थिथनी ह० अप० सालेहा बेगम पुत्री स्व० अंसार हुसैन निनवासीः- ग्राम- दॉदपुर,थाना-घूरपुर, जनपद- इलाहाबाद। मो०- 8795083720 In the considered opinion, therefore, in the absence of the requisite papers to be supplied by the applicant a valid defence is taken by the opposite party that the order of the writ court cannot be complied with in favour of the applicant by making any appointment.
Thus there is no element of deliberate and willful breach of the mandate contained in the order of writ court.
In such above view of the matter, no case for contempt is made out and the present contempt application is consigned to records.
Notices issued, if any, stand discharged.
It is open for the applicant to seek such remedy as may be available in law and as may be advised.
Order Date :-16.8.2021 Deepika