Allahabad High Court
Priyanka vs Shri Vijay Pratap Singh, District ... on 21 June, 2021
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1885 of 2021
Applicant :- Priyanka
Opposite Party :- Shri Vijay Pratap Singh, District Basic Education Officer And Another
Counsel for Applicant :- Man Bahadur Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant through video conferencing.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 20.09.2019 modified on 22.10.2019 passed in Writ-A No.14560 of 2019 (Priyanka v. State of U.P. & Ors.). For ready reference, the order dated 20.09.2019 is quoted as under:-
"Heard learned counsel for the petitioner, learned standing counsel for respondent no. 1, Sri Raghvendra Pratap Singh, learned counsel for respondent nos. 2 to 4 and Sri Dhananjay Awasthi, learned counsel for respondent no. 5.
Learned counsel for the petitioner submitted that similar controversy has already been decided by this Court in Writ-A No. 5981 of 2019 vide order dated 10.05.2019 which is not disputed by learned standing counsel for respondent No. 1, Sri Raghvendra Pratap Singh, learned counsel for respondent Nos. 3 to 4 and Sri Dhananjay Awasthi, learned counsel for respondent no. 5.
Order dated 10.05.2019 passed in Writ-A No. 5981 of 2019 is quoted below:-
"From a perusal of the written instructions filed by the District Basic Education Officer, Allahabad, it is evident that objection taken to the teachers training qualification possessed by the petitioner is that the eligibility qualification for admission to the said training course is 10+2 (Intermediate) examination, whereas as per Rule 2(1)(q) of the U.P. Basic Education (Teachers) Service Rules, 1981 (hereinafter referred to as 'the Rules, 1981'), the teachers training course should be that as recognized by the Government or NCTE and wherein eligibility qualification should be graduate. The objection being raised by the District Basic Education Officer on the said issue has been dealt with 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 others).
Further, the fact in the instant case that the petitioner had completed graduation course before completion of diploma in Elementary Education (Teachers Training Course) is not disputed.
Reference may also be made to the norms and standards for diploma in elementary teacher education Programme leading to Diploma in Elementary Education (D.El.ED) as contained in Appendix-2 of NCTE Regulations 2014 which provides eligibility for admission to the training course. Relevant Clause '3.2' reads as under:-
"3.2 Eligibility (a) Candidates with at least 50% marks in the higher secondary (10+2) or its equivalent examination are eligible for admission.
(b) The reservation and relaxation in marks for SC/ST/OBC/PWD and other categories shall be as per the rules of the Central Government/State Government, whichever is applicable."
The standards for Elementary Education Programme fixed by the NCTE Rule, 2014 would prevail over the provisions as contained in Rule 2(1)(q) of 1981 Rules as the NCTE Rules 2014 is the central legislation.
For the aforesaid, it cannot be said that the petitioner is not eligible for being appointed on the post of Assistant Teacher having been qualified in the Assistant Teacher Recruitment Examination-2018.
However, as to the diploma course being recognized by N.C.T.E. or genuineness or correctness thereof, it is always open for the District Basic Education Officer, Allahabad to make an enquiry after issuance of appointment letter.
The respondent no. 4 is, therefore, directed to issue an appointment letter to the petitioner within a period of two weeks from the date of submission of certified copy of this order.
Subject to the above, the writ petition is allowed."
Under such facts and circumstances of the case, this petition is also allowed in terms of order dated 10.05.2019 passed by this Court in Writ-A No. 5981 of 2019.
However, Respondent No. 3 is directed to ensure joining of petitioners maximum within three weeks from the date of production of certified copy of this order and if there is any legal impediment in joining, he shall pass reasoned order within the same time."
Learned counsel for the applicant submits that this is third contempt application against the writ Court order in question but till date the writ Court order has not been complied with in letter and spirit. Even though the applicant had been permitted to join and month to month salary has been ensured but till now arrears have not been ensured.
Prima facie a case of contempt has been made out. 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 six weeks from the date of production of a copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within two weeks from today. The office shall send a copy of this order along with the self-addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant of 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 21.6.2021
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