SUPREME COURT OF INDIA
B.N.Agrawal : G.B.Pattanaik
Bineet Kumar Singh
Versus
Government Of Maharashtra
Case No. : 403 of 1999
Date of Decision : 5/3/01
(1) ON account of a serious disquieting feature in relation to an order passed by this Court, this Court took suo motu cognizance and issued notice as to why the persons involved, should not be dealt with under the provisions of Contempt of Courts Act. Pursuant to the notice issued, show cause, being one of denial, it necessitated an inquiry and the inquiry was conducted by the Registrar (Judicial) of this Court, who on the basis of evidence led before him, has submitted a Report. After getting the said Report, objections were filed on behalf of contemnors and they have been heard at length being represented by their respective counsel.
(2) THE State of Maharashtra, introduced a course in Physical Education called C.P.Ed.Course. A person acquiring the said diploma would be eligible for being considered for the post of a Physical Instructor in the schools.In the recent past, there has been a mushroom growth of private institutions and the founders of such institutions make huge sum of money by admitting students from different parts of the country and by conferring degree or diploma on then. But every such institution requires permission of the concerned State Government as well as the affiliation to any University, failing which the so-called diploma/degree from the institution will be of no use. One such institution with which we are concerned in the present case is Lokmata Indira Gandhi College of Sports, Yavatmal. The institution use to run by late Savitribai Sikshan Prasarak Mandal, Yavatmal (for short referred to as the K.S.S.P. Mandal). The Government of Maharashtra did not grant permission to the institution for the academic year 1994-95 but the institution admitted several students and then persuaded the Government for grant of permission. At later stage, the Government did grant the permission for the academic year 1994-95, so that the students who have already studied in the institution could appear in the examination. An examination was conducted in the year 1996 but many of the students could not appear in the said examination, allegedly because of lack of proper information. K.S.S.P. Madal, therefore, filed a writ petition in the Nagpur High Court for a direction that the remaining students who have already studied for the academic session 1994-95, should be permitted to appear at the examination to be held by the appropriate authority. That application, however was withdrawn by the counsel appearing for the Mandal, as indicated in the order of the Court dated 21/3/1997. A fresh writ petition was filed in the Nagpur High Court, which was registered as Writ Petition No. 1005/97, entitled C.P.Ed. Vidhyarthi Sangh through Bineet Kumar Singh. That writ petition was also dismissed on 26/8/1997. An application for review was filed in the High Court, which was registered as Review Petition No. M.C.A. 225/97 and that application stood disposed of by order dated 23/10/1997. The said order stipulates that if the examination is held in future by the State of Maharashtra, then all such students who were the ex-students in the C.P.Ed. Course and who had missed their examination for any cause, would be allowed to appear in the examination and the relief would not be restricted only to those, who have approached the Court, but to the entire student community. Notwithstanding the aforesaid order, as no examination was held, a fresh writ petition was filed in the year 1998, which was registered as Writ Petition No. 1621/98. This writ petition was also dismissed by the High Court on 8/7/1998. Against the said order of the High Court dated 8/7/1998, a special leave petition was filed in this Court and that special leave petition was dismissed by order dated 28/8/1998. In view of the dismissal of the special leave petition, the so-called students of Mandal, would not get any chance of appearing at any future examination. But an order purported to have been passed on 28/8/1998, was sent to the State of Maharashtra, whi
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