Upendra Kumar Dayal v. Shri Anil Bhushan Chaturvedi, Secretary Examination Regulatory Authority

Court No. - 9 Case :- CONTEMPT APPLICATION (CIVIL) No. - 233 of 2022 Applicant :- Upendra Kumar Dayal Opposite Party :- Shri Anil Bhushan Chaturvedi, Secretary Examination Regulatory Authority Counsel for Applicant :- Ramesh Kumar Tiwari,Anurag Tripathi,Rahul Kumar Mishra Counsel for Opposite Party :- Yatindra with Case :- CONTEMPT APPLICATION (CIVIL) No. - 1552 of 2022 Applicant :- Priyanka Sen Opposite Party :- Sri Anil Bhushan,Secretary And Another Counsel for Applicant :- Sangam Singh,Deeplata with Case :- CONTEMPT APPLICATION (CIVIL) No. - 1584 of 2022 Applicant :- Arun Kumar Opposite Party :- Shri Anil Bhushan Chaturvedi,Secretary Counsel for Applicant :- Javed Raza with Case :- CONTEMPT APPLICATION (CIVIL) No. - 1590 of 2022 Applicant :- Alka Devi Opposite Party :- Shri Anil Bhushan Chaturvedi,Secretary Counsel for Applicant :- Javed Raza with Case :- CONTEMPT APPLICATION (CIVIL) No. - 1827 of 2022 Applicant :- Ankush Kumar Opposite Party :- Shri Anil Bhushan Chaturvedi,Secretary Examination Regulatory Authority Counsel for Applicant :- Javed Raza with Case :- CONTEMPT APPLICATION (CIVIL) No. - 1856 of 2022 Applicant :- Pooja Kamboj Opposite Party :- Shri Anil Bhushan Chaturvedi,Secretary Counsel for Applicant :- Javed Raza with Case :- CONTEMPT APPLICATION (CIVIL) No. - 2396 of 2022 Applicant :- Rinki Verma And 6 Others Opposite Party :- Shri Anil Bhushan Chaturvedi, Secretary Examination Regulatory Authority Counsel for Applicant :- Om Prakash Singh,Narendra Kumar with Case :- CONTEMPT APPLICATION (CIVIL) No. - 7327 of 2022 Applicant :- Km. Alka Dubey Opposite Party :- Shri Anil Bhushan Chaturvedi, Secretary Counsel for Applicant :- Anurag Tripathi with Case :- CONTEMPT APPLICATION (CIVIL) No. - 7331 of 2022 Applicant :- Garima Pathak Opposite Party :- Shri Anil Bhushan Chaturvedi,Secretary,Examination Regulatory Authority Counsel for Applicant :- Anurag Tripathi Hon'ble Rohit Ranjan Agarwal,J.

¶1Pursuant to order dated 23.11.2023, Anil Bhushan Chaturvedi, Secretary, Examination Regulatory Authority, U.P., Prayagraj and Pratap Singh Baghel, Secretary, Basic Education Board, U.P., Prayagraj are present in the Court today who are identified by their respective counsel, Sri Brijesh Kumar and Sri Yatindra.

¶2Personal affidavits of both officers along with an exemption application have been filed today which are taken on record.

¶3In para no. 7 of affidavit filed on behalf of opposite party no. 1, Secretary, Examination Regulatory Authority (hereinafter called as 'SERA'), it has been mentioned that in pursuance to Government Order dated 26.11.2023, one mark has been awarded to applicants in Contempt Application (Civil) No. 233 of 2022 along with the other connected contempt applications. Thus, the order passed by appellate Court in case of Abhishek Srivastava and others vs. State of U.P. and others, Special Appeal Defective No. 343 of 2021, decided on 25.08.2021 has been complied with.

¶4When the Court interacted with Secretary, Examination Regulatory Authority, he submitted that out of 2249 candidates, one mark has already been awarded to 15 candidates who are before this Court and for rest of the candidates, he may be granted 15 days time for complying the order of Division Bench.

¶5Opposite party no. 2, Sri Pratap Singh Baghel, Secretary, Basic Education Board, U.P., Prayagraj submitted that after one mark is awarded by Examination Regulatory Authority, his office shall process the case of each candidate who has been awarded one mark and merit list would be prepared within a period of two months from today.

¶6Learned counsel appearing for applicant submitted that one Contempt Application (Civil) No. 3011 of 2022 is pending before Lucknow Bench of this Court in which the next date fixed is

19.12.2023. According to him, only partial compliance of the order of appellate Court has been done by opposite party no. 1 by awarding one mark but the merit list and issuance of appointment letter has not been done by opposite party no. 2, Secretary, Basic Education Board, U.P., Prayagraj.

¶7This Court after hearing counsel for respective parties and opposite party nos. 1 and 2, who are in the Court in person, and perusing material on record, finds that the applicants before this Court had already been awarded one mark each complying the order of Division Bench rendered in case of Abhishek Srivastava (supra) in pursuance of Government Order dated 26.11.2023 and statement has been made by Secretary, Basic Education Board, U.P., Prayagraj in the open Court today that merit list would be prepared within a period of two months, this Court finds that substantial compliance has been done by opposite party complying the orders of Division Bench which has been affirmed by Apex Court.

¶8In view of said fact, the contempt application along with all the other connected contempt application stands disposed of hoping that entire exercise will be completed at the end of opposite party no. 2, within a period of two months from today.

¶9However, in case, the undertaking given by opposite party no. 2 before this Court is not complied by him within the period fixed above, the applicants shall have liberty of moving a recall application.

¶10Personal appearance of opposite party nos. 1 and 2 are exempted and contempt notice stands discharged. Order Date :- 28.11.2023 V.S.Singh High Court of Judicature at Allahabad