RAJESH KUMAR SHUKLA Vs. S S DUBEY

JUDGEMENT

(1.) RAJESH Kumar Shukla, applicant, has approached this Court by means of this application under Sections 11 and 12 of the Contempt of Courts Act to initiate contempt proceedings against opposite parties and to punish them according to law.

(2.) BRIEFLY the facts giving rise to this application are that an advertisement for the post of a Lecturer in Sociology was issued by the Management Committee of Pt. Sunder Lal Memorial Degree College, Kannauj, District Farrukhabad, a degree college affiliated to the Kanpur University. The applicant also applied for the same. The Selection Committee constituted in accordance with the provisions of Section 31 of the U. P. State Universities Act, 1973 (hereinafter referred to as 'the Act') recommended the applicant's name in 1977 for appointment as Lecturer in Sociology. But the Management Committee did not agree with the recommendation of the Selection Committee and consequently it did not appoint the applicant. The Management Committee, however, failed to make any reference to the Vice -Chancellor even though it disagreed with the recommendation of the Selection Committee as contemplated by Section 31 (8) (b) of the Act. The Vice -Chancellor however directed the Management Committee to issue appointment letter in favour of the applicant. The Management thereupon approached the Chancellor under Section 68 of the Act. The Chancellor affirmed the order of the Vice -Chancellor and refused to interfere. Even then the Management did not issue appointment letter to the applicant. The applicant thereupon filed a writ petition in this Court which was dismissed on 1 -1 -1980 by us with the following observations : -

(3.) THE applicant's main grievance is that the Management of the College has disobeyed the order of this Court in refusing to issue appointment letter to him and for that reason Dr. S. S. Dubey, President of the Management Committee, and Dr. P. N. Tandon, Secretary of the Management Committee, opposite parties Nos. 1 and 2 respectively are guilty of contempt. The Vice -Chancellor, Kanpur University, the Secretary of Education Department, Govt. of U. P., and the Director of Education (Higher Education) U. P., Allahabad, opposite parties Nos. 3 to 5 respectively are also guilty of contempt as they have not taken any action against the erring Management. On notice being issued the opposite parties filed affidavits and have contested the contempt application.