S.S. CHATTERJEE Vs. TANIYA BAGUI AND ORS.

JUDGEMENT

(1.) This appeal is directed under Sec. 19 of the Contempt of Courts Act, 1971 challenging the judgment dated 24.08.2015 passed by Learned Single Judge of this Court holding the appellant/contemnor guilty of committing contempt of Court under Sec. 12 sub -section 1 of the Contempt of Courts Act of 1977 and imposing a cost of Rs. 2,000 to be paid by the contemnor to the respondent/writ petitioner and further directing Registrar, University of Calcutta to take steps for recovery of the said amount from the salary of the appellant/contemnor.

(2.) It would be just and proper to narrate the background in which the present appeal is preferred. The respondent/writ petitioner claimed reservation under category other backward classes (OBC -B). Apparently, she had secured 40% (out of best of four subjects, excluding Environmental Education) in Higher Secondary Examination. She sought admission for B.A. LL.B course, a five year course for the academic session 2014 - 2015 in the University of Calcutta. Admittedly, applicant had endorsed in the application form that she belongs to the category of OBC. According to her, the University ought to have made reservation for OBC candidates in the process of admission under the provisions of the West Bengal State Higher Educational Institutions (reservation in admission) Act, 2013 (hereinafter referred to as Act of 2013) and the West Bengal State Higher Educational Institution (reservation in admission) rules, 2014 (hereinafter referred to as the rules of 2014) framed thereunder but had illegally failed to do so.

(3.) Admittedly, the University authorities treated the respondent/writ petitioner as a general category candidate and refused to give 'Admit Card' as she did not have requisite marks of 45% in Higher Secondary Examination as stipulated for general category candidates. Aggrieved by such action of the University, the respondent/writ petitioner approached this Court in the instant writ petition, inter -alia, seeking intervention of the Court that she may be issued 'Admit Card' for the aforesaid Entrance examination and a direction to the University Authorities to fill up the existing vacancy under OBC -B category for the above said fiver year B.A. LL.B course.