RAM PREETI YADAV Vs. MAHENDRA PRATAP YADAV

JUDGEMENT

(1.) This application for initiation of a contempt proceeding has been filed for alleged disobedience of this Courts order dated 03.09.2003, relevant portion whereof reads as under:

(2.) Respondent No.1 herein appeared as a private candidate in the Intermediate Examination conducted by U.P. Board of High Schools and Intermediate Education from Janta Inter College, Azamgarh (U.P.). His result was withheld. A provisional mark-sheet was purported to have been issued to him without showing that his result for Intermediate Examination had been withheld. On the basis of the said purported provisional mark-sheet, he pursued further studies and completed his Graduation as also Post Graduation. He was also employed as a teacher. The Principal of the College informed him that his result in the Intermediate Examination has been cancelled. Questioning the said order, a writ petition was filed. The said writ petition was allowed by a learned Single Judge of the High Court. Aggrieved, the petitioner herein preferred a special appeal before a Division Bench which was summarily dismissed. Petitioner herein approached this Court under Article 136 of the Constitution of India. In Civil Appeal No. 4034 of 2001 arising out of the said special leave petition, this Court in its judgment dated 03.09.2003, while allowing the same made the aforementioned observations.

(3.) Indisputably, taking advantage of the said observations, Respondent-Contemnor No. 1 filed an application on 28.09.2003 before the Contemnor-Respondent No.2 with a prayer to permit him to appear at the Intermediate Examination as a private candidate. No action was taken thereupon. He filed a writ petition before the Allahabad High Court which was marked as CMWP No. 2088 of 2004. The same was finally disposed of, directing :