LAWS(ALL)-2020-7-69

JITENDRA KUMAR Vs. ASHWANI KUMAR AWASTHI, PRINCIPAL SECRETARY

Decided On July 13, 2020
JITENDRA KUMAR Appellant
V/S
Ashwani Kumar Awasthi, Principal Secretary Respondents

JUDGEMENT

(1.) Heard learned counsel for the applicant.

(2.) The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 9.7.2019 passed in Writ-A No.6297 of 2019 ( Jitendra Kumar v. State of U.P. and Anr .), which for ready reference is quoted as under:-

(3.) Petitioner states that he had produced both the certificates at the time of document verification but the authorities have merely referred to one. In the opinion of the Court, once it is admitted that petitioner belongs to Scheduled Caste Category and certificate in that regard has been issued by the competent authority, merely because petitioner has produced certificate of a different date, would not be a sufficient ground to discard consideration to petitioner's claim. Both the certificates otherwise are as per the Presidential Order (Scheduled Caste) Order, 1950, as modified in 1967 and the authorities would not be justified in treating the petitioner to be unreserved candidate.