Avanish Kumar & Others vs Shri Bhupendra Narayan Singh, ...
2021 Latest Caselaw 10233 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2368 of 2021
 

 
Applicant :- Avanish Kumar & Others
 
Opposite Party :- Shri Bhupendra Narayan Singh, Distt. Basic Education Officer
 
Counsel for Applicant :- Seemant Singh
 
Counsel for Opposite Party :- S.C.
 

 
Hon'ble Prakash Padia,J.

The applicant has preferred the present contempt petition for having compliance of the final judgment and order dated 28.9.2020 passed in Writ-A No.7449 of 2020. The operative portion of the aforesaid order is quoted hereunder:-

"The dispute being raised herein had been set at rest by this Court in the judgment and order dated 17.4.2019 in Writ-A No. 23691 of 2018 (Vikram Singh and 4 others vs. State of U.P. and 3 othrs), wherein this Court has held that the fact that a candidate had pursued the diploma course prior to completion of graduation would not make any difference.

For the aforesaid, the objection taken by the District Basic Education Officer, Gorakhpur to the appointment of the petitioners to the post of Assistant Teacher cannot be sustained.

However, it is left open for the District Basic Education Officer, Gorakhpur to verify as to whether the diploma course completed by the petitioners, has been recognized by N.C.T.E. and further as to the correctness/genuineness of the said certificates.

The writ petition is disposed of."

Heard learned counsel for the petitioner and perused the record.

Without looking into the merits of the present contempt petition, the opposite party, namely, District Basic Education Officer, Gorakhpur is directed to comply with the last paragraph or the order expeditiously, preferably within a period of three months from the date of presentation of a copy of this order.

The contempt petition is disposed of accordingly.

Order Date :- 12.8.2021

Bhaskar