CONTEMPT FOR SELECTION IN PRIMARY TEACHER - HIGH COURT OF JUDICATURE AT ALLAHABAD
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Court No. - 5
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4633 of 2015
Applicant :- Manoj Pratap Singh Parihar
Opposite Party :- Smt. Dimpal Verma, Secy. Basic Education Lko. And 2 Others
Counsel for Applicant :- R.P. Mishra
Counsel for Opposite Party :- S.C.
Hon'ble Ran Vijai Singh,J.
Sri Arun Kumar, learned counsel has filed vakalatnama on behalf of the opposite party no. 2, which is taken on record.
Heard Sri R.P. Mishra, learned counsel for the applicant, Sri Arun Kumar, leanred counsel for the opposite party no. 2 and learned standing counsel appearing for the opposite party nos. 1 and 3.
On 5.8.2015, this Court has passed the following order:
"The present contempt application has been filed for punishing the Opposite Parties for willful disobedience of the judgment and order dated 14.11.2014 passed by this Court in Writ- A No. 60668 of 2014 (Manoj Pratap Singh Vs. State of U.P. and others), wherein this Court has observed as under :-
The petitioners states that they have requisite qualifications within the purview of the notification issued by the NCTE on 23.08.2010 as amended on 29.07.2011 to apply for the post of assistant teacher in primary schools. The petitioner's application may be entertained for appointment on the post of assistant teacher in primary schools. The result will be subject to the outcome of this writ petition.
Learned Counsel for the respondents pray for and are granted one month's time to file a counter affidavit. List thereafter.
It is stated in paragraph 11 of the affidavit filed in support of this application that copy of the order of this Court was served upon the opposite party through registered post on 28.11.2014. When nothing has been done, the applicant filed Contempt Application (Civil) No. 169 of 2015 (Manoj Pratap Singh Parihar Vs. Mr. Heera Lal Gupta, Secrty Basic Edu.U.P.Govt. and others). The contempt court has granted two months more time for compliance of the order of this Court. It is stated that even after the service of the order and after expiry of two months, no decision has been taken by the opposite parties.
Prima facie, a case for punishing the opposite parties for willful disobedience of the judgment and order dated 14.11.2014 passed by this Court in Writ- A No. 60668 of 2014 (Manoj Pratap Singh Vs. State of U.P. and others) as well as the order dated 19.1.2015 passed in Contempt Application (Civil) No. 169 of 2015 (Manoj Pratap Singh Parihar Vs. Mr. Heera Lal Gupta, Secrty Basic Edu.U.P.Govt. and others) is made out.
Issue notice to the opposite parties to show cause by appearing in person before the court as to why charges be not framed for punishing them under Section 12 of Contempt of Courts Act for willful disobedience of the order dated 14.11.2014 passed by this Court in Writ- A No. 60668 of 2014 (Manoj Pratap Singh Vs. State of U.P. and others) as well as the order dated 19.1.2015 passed in Contempt Application (Civil) No. 169 of 2015 (Manoj Pratap Singh Parihar Vs. Mr. Heera Lal Gupta, Secrty Basic Edu.U.P.Govt. and others). List on the date fixed by the office in the notice. "
Pursuant thereto, Smt. Dimpal Verma, Secretary, Basic Education and Sri Sanjay Sinha, Secretary, U.P. Basic Shiksha Parishad, Allahabad are present before this Court. Three separate affidavits of compliance have been filed duly sworn by the opposite parties.
Learned counsel for the applicant prays for and is granted two weeks time to file their reply.
List thereafter. Personal appearance of the opposite parties is hereby exempted on future dates.They need not to appear before this Court unless called for again.
Order Date :- 22.9.2015
Amit Mishra
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4633 of 2015
Applicant :- Manoj Pratap Singh Parihar
Opposite Party :- Smt. Dimpal Verma, Secy. Basic Education Lko. And 2 Others
Counsel for Applicant :- R.P. Mishra
Counsel for Opposite Party :- S.C.
Hon'ble Ran Vijai Singh,J.
Sri Arun Kumar, learned counsel has filed vakalatnama on behalf of the opposite party no. 2, which is taken on record.
Heard Sri R.P. Mishra, learned counsel for the applicant, Sri Arun Kumar, leanred counsel for the opposite party no. 2 and learned standing counsel appearing for the opposite party nos. 1 and 3.
On 5.8.2015, this Court has passed the following order:
"The present contempt application has been filed for punishing the Opposite Parties for willful disobedience of the judgment and order dated 14.11.2014 passed by this Court in Writ- A No. 60668 of 2014 (Manoj Pratap Singh Vs. State of U.P. and others), wherein this Court has observed as under :-
The petitioners states that they have requisite qualifications within the purview of the notification issued by the NCTE on 23.08.2010 as amended on 29.07.2011 to apply for the post of assistant teacher in primary schools. The petitioner's application may be entertained for appointment on the post of assistant teacher in primary schools. The result will be subject to the outcome of this writ petition.
Learned Counsel for the respondents pray for and are granted one month's time to file a counter affidavit. List thereafter.
It is stated in paragraph 11 of the affidavit filed in support of this application that copy of the order of this Court was served upon the opposite party through registered post on 28.11.2014. When nothing has been done, the applicant filed Contempt Application (Civil) No. 169 of 2015 (Manoj Pratap Singh Parihar Vs. Mr. Heera Lal Gupta, Secrty Basic Edu.U.P.Govt. and others). The contempt court has granted two months more time for compliance of the order of this Court. It is stated that even after the service of the order and after expiry of two months, no decision has been taken by the opposite parties.
Prima facie, a case for punishing the opposite parties for willful disobedience of the judgment and order dated 14.11.2014 passed by this Court in Writ- A No. 60668 of 2014 (Manoj Pratap Singh Vs. State of U.P. and others) as well as the order dated 19.1.2015 passed in Contempt Application (Civil) No. 169 of 2015 (Manoj Pratap Singh Parihar Vs. Mr. Heera Lal Gupta, Secrty Basic Edu.U.P.Govt. and others) is made out.
Issue notice to the opposite parties to show cause by appearing in person before the court as to why charges be not framed for punishing them under Section 12 of Contempt of Courts Act for willful disobedience of the order dated 14.11.2014 passed by this Court in Writ- A No. 60668 of 2014 (Manoj Pratap Singh Vs. State of U.P. and others) as well as the order dated 19.1.2015 passed in Contempt Application (Civil) No. 169 of 2015 (Manoj Pratap Singh Parihar Vs. Mr. Heera Lal Gupta, Secrty Basic Edu.U.P.Govt. and others). List on the date fixed by the office in the notice. "
Pursuant thereto, Smt. Dimpal Verma, Secretary, Basic Education and Sri Sanjay Sinha, Secretary, U.P. Basic Shiksha Parishad, Allahabad are present before this Court. Three separate affidavits of compliance have been filed duly sworn by the opposite parties.
Learned counsel for the applicant prays for and is granted two weeks time to file their reply.
List thereafter. Personal appearance of the opposite parties is hereby exempted on future dates.They need not to appear before this Court unless called for again.
Order Date :- 22.9.2015
Amit Mishra
सरकारी नौकरी - Army /Bank /CPSU /Defence /Faculty /Non-teaching /Police /PSC /Special recruitment drive /SSC /Stenographer /Teaching Jobs /Trainee / UPSC