The Allahabad High Court has summoned Secretary of Examination Regulatory Authority, Anil Bhushan Chaturvedi for not giving the marks of a question to the candidates who appeared in the UP Assistant Teacher Recruitment Examination 2021
A Single Bench of Justice Saral Srivastava passed this order while hearing a contempt application filed by Kratikesh Kumar And 17 Others.
The applicants alleged violation of order of the Court dated 22.11.2021 passed in Special Appeal Defective.
Relevant part of order of the Court dated November 22, 2021 is :-
“Counsel for the appellants, Standing Counsel and the counsel for respondent no 4 jointly stated that controversy involved in the present appeal and is squarely covered by a judgment of Division Bench of this Court vide order dated 25.08.2021 passed in Special Appeal Defective No.343 of 2021 (Abhishek Srivastava and 14 ors vs. State of U.P. and two ors.) and other connected special appeals, and, therefore, this special appeal may also be disposed of in terms of the aforesaid order passed in Special Appeal in the case of Abhishek Srivastava and 14 ors (Supra).
In view of the joint statements of the counsels for the parties, this Special Appeal is disposed of in terms of the judgment passed by the Division Bench of this Court in the case of Abhishek Srivastava and 14 ors (Supra).”
The Court noted that the applicant has served a copy of order of Writ Court upon the opposite party through registered post on 10.12.2021. The copy of application & postal receipt is enclosed to the contempt application. It is stated in the affidavit filed in support of the contempt application that order of Writ Court has not been complied with and accordingly, the opposite party has violated the order of Writ Court. Prima facie a case for contempt is made out.
“Issue notice to the opposite party who shall appear in person and explain as to why the contempt proceedings may not be initiated against him for the alleged violation of order of the Court dated 22.11.2021. In case, the order of the Court is complied with by the next date fixed, the opposite party may not appear in person and may file an affidavit of compliance through counsel”
-the order reads.
The Court has fixed the next hearing of the petition on July 25, 2022.