Allahabad High Court
Krishna Kant Sharma vs Amitab Yash Controller Of ... on 4 October, 2023
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:190939
Court No. - 9
1. Case :- CONTEMPT APPLICATION (CIVIL) No. - 64 of 2014
Applicant :- Krishna Kant Sharma
Opposite Party :- Amitab Yash Controller Of Examination Recruitment
Counsel for Applicant :- Hari Om Khare,Akash Khare
Alongwith
2. Case :- CONTEMPT APPLICATION (CIVIL) No. - 6299 of 2013
Applicant :- Anuj Kumar
Opposite Party :- Amitabh Yash Contoller Of Examination Recruitment
Counsel for Applicant :- Hari Om Khare,Akash Khare
3. Case :- CONTEMPT APPLICATION (CIVIL) No. - 6302 of 2013
Applicant :- Rahul Kumar Nain
Opposite Party :- Amitab Yash Controller Of Examination Recruitment
Counsel for Applicant :- Akash Khare,Hari Om Khare
4. Case :- CONTEMPT APPLICATION (CIVIL) No. - 6317 of 2013
Applicant :- Neeraj Kumar
Opposite Party :- Amitab Yash Controller Of Examination Recruitment
Counsel for Applicant :- Hari Om Khare,Akash Khare
5. Case :- CONTEMPT APPLICATION (CIVIL) No. - 6318 of 2013
Applicant :- Manish Kumar
Opposite Party :- Amitab Yash Controller Of Examination Recruitment
Counsel for Applicant :- Hari Om Khare,Akash Khare
6. Case :- CONTEMPT APPLICATION (CIVIL) No. - 6324 of 2013
Applicant :- Dharmendra Kumar
Opposite Party :- Amitab Yash Controller Of Examination Recruitment
Counsel for Applicant :- Hari Om Khare,Akash Khare
7. Case :- CONTEMPT APPLICATION (CIVIL) No. - 36 of 2014
Applicant :- Sunny Kumar
Opposite Party :- Amitabh Yash Controller Of Examination Recruitment
Counsel for Applicant :- Hari Om Khare,Akash Khare
8. Case :- CONTEMPT APPLICATION (CIVIL) No. - 598 of 2014
Applicant :- Tanvir Ahmad
Opposite Party :- Amitabh Yash Controller Of Examination Recruitment
Counsel for Applicant :- Hari Om Khare,Akash Khare
9. Case :- CONTEMPT APPLICATION (CIVIL) No. - 599 of 2014
Applicant :- Kaivndra
Opposite Party :- Amitabh Yash Controller Of Examinaiton Recruitment
Counsel for Applicant :- Hari Om Khare,Akash Khare
10. Case :- CONTEMPT APPLICATION (CIVIL) No. - 807 of 2014
Applicant :- Pankaj
Opposite Party :- Amitab Yash Controller Of Examination U.P. Police Recruit.
Counsel for Applicant :- Hari Om Khare,Akash Khare
11. Case :- CONTEMPT APPLICATION (CIVIL) No. - 808 of 2014
Applicant :- Pankaj Kumar And Another
Opposite Party :- Raj Kumar Chairman/Secry. U.P. Police Recruitment And Prom.
Counsel for Applicant :- Hari Om Khare,Akash Khare
12. Case :- CONTEMPT APPLICATION (CIVIL) No. - 810 of 2014
Applicant :- Rahul
Opposite Party :- Amitabh Yash Controller Of Examination U.P. Police Recruit
Counsel for Applicant :- Hari Om Khare,Akash Khare
13. Case :- CONTEMPT APPLICATION (CIVIL) No. - 894 of 2014
Applicant :- Arab Singh
Opposite Party :- Sri Amitab Yash Controller Of Examination Recruitment Lko.
Counsel for Applicant :- Hari Om Khare,Akash Khare
14. Case :- CONTEMPT APPLICATION (CIVIL) No. - 903 of 2014
Applicant :- Saurabh Yadav
Opposite Party :- Sri Amitab Yash Controller Of Examination Recruitment Lko.
Counsel for Applicant :- Hari Om Khare,Akash Khare
15. Case :- CONTEMPT APPLICATION (CIVIL) No. - 904 of 2014
Applicant :- Suresh Pal
Opposite Party :- Sri Amitab Yash Controller Of Examination Recruitment Lko.
Counsel for Applicant :- Hari Om Khare,Akash Khare
16. Case :- CONTEMPT APPLICATION (CIVIL) No. - 905 of 2014
Applicant :- Dhirendra Kumar
Opposite Party :- Sri Amitab Yash Controller Of Examination Recruitment Lko.
Counsel for Applicant :- Hari Om Khare,Akash Khare
17. Case :- CONTEMPT APPLICATION (CIVIL) No. - 906 of 2014
Applicant :- Pushpendra Singh
Opposite Party :- Sri Amitab Yash Controller Of Examination Recruitment Lko.
Counsel for Applicant :- Hari Om Khare,Akash Khare
18. Case :- CONTEMPT APPLICATION (CIVIL) No. - 908 of 2014
Applicant :- Gaurav Kumar
Opposite Party :- Sri Amitab Yash Controller Of Examination Recruitment Lko.
Counsel for Applicant :- Hari Om Khare,Akash Khare
19. Case :- CONTEMPT APPLICATION (CIVIL) No. - 1089 of 2014
Applicant :- Awadesh Singh Rathaur
Opposite Party :- Sri Amitab Yash Controller Of Examination Recruitment
Counsel for Applicant :- Hari Om Khare,Akash Khare
20. Case :- CONTEMPT APPLICATION (CIVIL) No. - 1155 of 2014
Applicant :- Ajay Kumar Maurya
Opposite Party :- Amitab Yash Controller Of Examination Recruitment
Counsel for Applicant :- Hari Om Khare,Akash Khare
Counsel for Opposite Party :- S.C.
21. Case :- CONTEMPT APPLICATION (CIVIL) No. - 1157 of 2014
Applicant :- Poonam Sharma
Opposite Party :- Amitab Yash Controller Of Examination Recruitment
Counsel for Applicant :- Hari Om Khare,Akash Khare
22. Case :- CONTEMPT APPLICATION (CIVIL) No. - 1158 of 2014
Applicant :- Pankaj Maurya
Opposite Party :- Amitab Yash Controller Of Examination Recruitment
Counsel for Applicant :- Hari Om Khare,Akash Khare
23. Case :- CONTEMPT APPLICATION (CIVIL) No. - 1429 of 2014
Applicant :- Harendra Kumar
Opposite Party :- Amitab Yash Controller Of Examination Recruitment
Counsel for Applicant :- Hari Om Khare,Akash Khare
24. Case :- CONTEMPT APPLICATION (CIVIL) No. - 1430 of 2014
Applicant :- Lalit Kumar
Opposite Party :- Amitab Yash Controller Of Examination Recruitment
Counsel for Applicant :- Hari Om Khare,Akash Khare
25. Case :- CONTEMPT APPLICATION (CIVIL) No. - 1431 of 2014
Applicant :- Vivek Kumar Rathi
Opposite Party :- Amitab Yash Controller Of Examination Recruitment
Counsel for Applicant :- Hari Om Khare,Akash Khare
26. Case :- CONTEMPT APPLICATION (CIVIL) No. - 1532 of 2014
Applicant :- Harendra Kumar
Opposite Party :- Amitab Yash Controllr Of Examination Recruitment
Counsel for Applicant :- Hari Om Khare,Akash Khare
27. Case :- CONTEMPT APPLICATION (CIVIL) No. - 1533 of 2014
Applicant :- Sandeep Kumar Mehra And Another
Opposite Party :- Amitab Yash Controllr Of Examination Recruitment
Counsel for Applicant :- Hari Om Khare,Akash Khare
28. Case :- CONTEMPT APPLICATION (CIVIL) No. - 2219 of 2014
Applicant :- Kapil Kumar
Opposite Party :- Amitabh Yash Controller Of Examination Recruitment
Counsel for Applicant :- Hari Om Khare,Akash Khare
Counsel for Opposite Party :- S.C.
29. Case :- CONTEMPT APPLICATION (CIVIL) No. - 2220 of 2014
Applicant :- Sachin Khare
Opposite Party :- Amitabh Yash Controller Of Examination Recruitment
Counsel for Applicant :- Hari Om Khare,Akash Khare
Counsel for Opposite Party :- S.C.
30. Case :- CONTEMPT APPLICATION (CIVIL) No. - 2221 of 2014
Applicant :- Ajit Pal
Opposite Party :- Amitabh Yash Controller Of Examination Recruitment
Counsel for Applicant :- Hari Om Khare,Akash Khare
Counsel for Opposite Party :- S.C.
31. Case :- CONTEMPT APPLICATION (CIVIL) No. - 2222 of 2014
Applicant :- Prashant
Opposite Party :- Amitabh Yash Controller Of Examination Recruitment
Counsel for Applicant :- Hari Om Khare,Akash Khare
Counsel for Opposite Party :- S.C.
Hon'ble Rohit Ranjan Agarwal,J.
1. Heard Sri Akash Khare, learned counsel for the applicants and Sri Rajiv Trivedi, learned Standing Counsel for the State.
2. These connected contempt applications have been filed by the applicants for not complying the order of the writ Court as well as the order passed by Division Bench in Special Appeal No.1120 of 2010 and the order passed by Hon'ble Apex Court in Special Leave Petition (Civil) No.32344 of 2010.
3. The facts of the case are that one Rajeev Kumar had filed writ petition for quashing the final result dated 17th May, 2010 of the selection in relation to the post of Police Constable in Uttar Pradesh Police. The ground taken by Rajeev Kumar was rejected on the ground that he being a candidate of Other Backward Class has secured lessor marks than the minimum cut off marks fixed for the said category therefore no relief can be granted. Against the order of the writ Court, Special Appeal No.1120 of 2010 (Rajeev Kumar vs. State of U.P. & Ors.) was filed, which was disposed of vide order dated 03.08.2010 setting aside the order passed by learned Single Judge dated 05.07.2010 passed in Writ Petition No.38299 of 2010 and the matter being remitted to the Controller of Examination Recruitment U.P. Police Recruitment and Promotion Board.
4. The order passed in special appeal was put to challenge by the State through Special Leave to Appeal (Civil) No.32344 of 2010 before Hon'ble Apex Court. The Hon'ble Apex Court on 12.07.2013 dismissed the special leave to appeal filed by the State confirming the order passed by special appellate Court.
5. Pursuant to the judgment of Apex Court, the opposite party proceeded to decide the matter and duly constituted Selection Committee in which the present applicant was not selected due to the reason that last selected candidate under general category had secured 122.1855 marks while the applicant had secured 119.4297 marks in written examination. The matter relating to Rajeev Kumar was decided by U.P. Police Recruitment & Promotion Board, Lucknow on 24.02.2014, copy of which has been brought on record as Annexure 1 to the compliance affidavit filed by the State on 12.09.2022. The order passed by the opposite party on 24.02.2014 was challenged before this Court through bunch of petition, leading writ petition being Writ Petition No.43064 of 2014, which was dismissed vide order dated 24.03.2021. The said order was challenged in Special Appeal No.229 of 2021, which was also dismissed vide order dated 12.04.2022.
6. Sri Akash Khare, learned counsel appearing for the applicant submitted that the applicant belongs to general category and the consideration accorded by the opposite party on 24.02.2014 was in regard to OBC category and not to the general category. He further submitted that the order of the special appellant Court passed in case of Rajeev Kumar (supra) has already attained finality by the order of Apex Court dated 12.07.2013.
7. Per contra, Sri Rajiv Trivedi, learned Standing Counsel submitted that the order passed by special Appellate Court on 03.08.2010 having been affirmed by the Apex Court was reconsidered by the opposite party and a decision was taken on 24.02.2014, which was subjected to challenge before this Court through writ petition, which was dismissed. Thereafter, special appeal was also preferred which was also dismissed. He further invited the attention of the Court to para 6 of the compliance affidavit of the year 2022 wherein it has been stated that the applicant being a general category candidate had secured only 119.4297 marks which was less than the last selected candidate under the general category having secured 122.1855 marks.
8. After hearing counsel for the parties and perusal of record this Court finds that the order passed in case of Rajeev Kumar (supra) by the appellate Court on 03.08.2010 has been duly complied by the opposite party and consideration was accorded on 24.02.2014, which was subjected to challenge before this Court by filing of writ petition and special appeal.
9. As the order of writ Court has been complied with, no case for contempt is made out. These contempt applications fail and are hereby dismissed.
10. Contempt notice stands discharged.
Order Date :- 4.10.2023
Kushal
