प्रमुख सचिव पर क्यों न चले अवमानना की कार्यवाही : हाईकोर्ट, तीन महीनों में न बता पाए उर्दू ट्रेनिंग कोर्स बीटीसी के समकक्ष है या नहीं

प्रमुख सचिव पर क्यों न चले अवमानना की कार्यवाही : हाईकोर्ट, तीन महीनों में न बता पाए उर्दू ट्रेनिंग कोर्स बीटीसी के समकक्ष है या नहीं

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH 

Court No. - 8 

Case :- CONTEMPT No. - 1933 of 2016 

Applicant :- Sayeed Ahsan Usmani 

Opposite Party :- Mr.Ajay Singh Prin.Secy.Basic Education Govt.U.P Lko. 

Counsel for Applicant :- Zubair Hasan,Abhijeet Singh 

Hon'ble Dr. Devendra Kumar Arora,J. 

Heard. 

Petitioner has filed instant contempt petition alleging willful non-compliance of the order dated 28.03.2016 passed in Writ Petition No.6105 (SS) of 2016 (Sayeed Ahsan Usmani and others Vs. State of U.P. and others), whereby the writ Court disposed of the writ petition in terms of order dated 10.03.2016 passed in Writ Petition No.5073 (SS) of 2016 (Mohd. Alam Khan Vs. State of U.P. and others). Vide order dated 10.03.2016, the writ Court directed the Principal Secretary, Basic Education Government of U.P., Lucknow to take a decision as to whether the Urdu Training Course issued by All India Taleem Ghar, Lucknow is equivalent to the 2 years B.T.C. Course prescribed and is admissible as a qualification for the purposes of appointment as Assistant Teacher (Urdu) in the Primary Schools or not within a period of three months from the date of receipt of certified copy and the decision shall be communicated to the petitioner and other officers concerned for future guidance and action immediately thereafter so that there may not be any ambiguity on this issue. It was also held that the said certificate is valid for the purposes of such appointment then the veracity of the certificate of the petitioner shall also be order to be inquired by the concerned Officer. It was further observed that consequences shall follow as per law. 

Submission of the learned counsel for the petitioner is that though the petitioner has sent the copy of the order of the writ Court along with application to the opposite party through registered post on 27.04.2016 but till date no positive action has been taken by the opposite party to comply the order of the writ Court and the time fixed by the writ Court has also expired. Therefore, the petitioner is constrained to approach this Court by means of the present contempt petition, seeking appropriate action under the provisions of Contempt of Courts Act against the opposite party for willful non-compliance of the order of the writ Court. 

It has also been pointed out by learned Counsel for the petitioner that vide order dated 10.03.2016, the writ Court directed the learned Standing Counsel to communicate the said order to the Principal Secretary, Basic Education Government of U.P., Lucknow.� 

On due consideration, prima-facie, a case for willful non-compliance of the order of writ Court is made out. 

Issue notice to opposite party fixing 24.11.2016 to show cause as to why proceedings under the Contempt of Courts Act may not be initiated for willful disobedience of the aforesaid order. 

It is clarified that if the order of the writ court is complied with in its true spirit before the date fixed, the opposite party need not appear on the date fixed and shall file only an affidavit of compliance of the order. 

Counsel for the petitioner is directed to furnish a copy of the petition to Standing Counsel, who shall transmit the same to the opposite party along with gist of order at the earliest for information and compliance. 

List on 24.11.2016. 

Order Date :- 21.10.2016 

akverma