Saiyad Farhat vs Akhilesh Pratap Singh, Dist. ...
2022 Latest Caselaw 4427 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1140 of 2022
 

 
Applicant :- Saiyad Farhat
 
Opposite Party :- Akhilesh Pratap Singh, Dist. Basic Education Officer And Others
 
Counsel for Applicant :- Saurabh Shukla
 

 
Hon'ble Alok Mathur,J.

1. Heard Sri Saurabh Shukla, learned counsel for applicant.

2. Learned counsel for applicant submits that by means of order dated 24.12.2021 passed in Writ Petition No. 1538 (SS) of 2021, the writ petition was allowed in terms of judgment and order dated 21.12.2021 passed in Writ - A No. 9673 of 2021, Kuldeep Kumar Saxena and 19 others Vs. Union of India and 3 others.

3. In the said case,of Kuldeep Kumar Saxena (Supra) the writ petitions were allowed and the respondents were directed to revisit the issue in light of qualification prescribed vide NCTE regulations as also the curriculum prescribed by the Basic Shiksha Parishad for Classes VI to VIII and to proceed for the reasons mentioned hereinabove thereafter.

4. It has been submitted that despite the said directions the respondents have not decided the case of the applicant and consequently the present contempt petition has been preferred.

5. It is noticed that no time period was prescribed for taking the said decision either in Writ - A No. 9673 of 2021, Kuldeep Kumar Saxena and 19 others Vs. Union of India and 3 others or in Writ Petition No. 1538 (SS) of 2021.

6. In any view of the matter, once a direction has been issued to the respondents to take a decision, it is incumbent upon State authorities to take a decision within a reasonable period of time and merely because no time period was prescribed, it cannot be said that respondents can keep the matter procrastinating for unreasonable length of time.

7. In this Court feels its appropriate that respondents may be directed to take a decision in terms of direction dated 24.12.2021 expeditiously and decide the matter within a reasonable time.

8. Accordingly, the contempt petition is disposed of with a direction to the respondents to take a decision in terms of order 24.12.2021 passed in Writ Petition No. 1538 (SS) of 2021 expeditiously, say, within a period of next two months from today.

9. In case the decision is not taken within the said period, the applicant is at liberty to approach again for redressal of his grievances in exercise of his contempt jurisdiction.

9. Learned counsel for applicant is directed to service a copy of this order to respondents within a week from today.

(Alok Mathur, J.)

Order Date :- 27.5.2022

Ravi/