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2007 Supreme(SC) 1133
2007(7) Supreme 120
Supreme Court of india
S.B. Sinha & Harjit Singh Bedi, JJ.
Ram Preeti Yadav — Petitioner
versus
Mahendra Pratap Yadav & Ors. — Respondents
Contempt Petition (civil) 512 of 2004
Civil Appeal No. 4034 of 2001
Decided on : 30-08-2007
important point
Taking undue advantage of the observations made by Court also amounts to interference with the order passed by Court in imparting justice.
Headnote:(a)Administrative Law – Contemnor-Respondent No. 2 being a Secretary of the statutory board is expected to act in accordance with law – Before acting on the purported application filed by Contemnor-Respondent No.1, he should have applied his mind to the extant rules – Application of mind on his part was also necessary on the purport of the order dated 03.09.2003 passed by the Supreme Court.(Para 12)
(b)Contempt of Courts Act, 1971 – Section 12 – In the earlier order, Supreme Court not condoning the fraud practiced by Contemnor-Respondent No. 1, setting aside his result and reversing High Court’s judgment – Board was given liberty to take a decision if any rule permits Contemnor-Respondent No. 1 to appear at the examination – There being no rule grant of the certificate by Contemnor-Respondent No.2 to Contemnor-Respondent No. 1 was without any basis – This is serious because if the certificate had not been withdrawn, status of Contemnor-Respondent No. 1 would have been restored and he would have got back his service – He would have claimed even other benefits from the College – Besides, Contemnor-Respondent No. 1 made representation before Supreme Court on a non-existent basis and suppressed material facts from High Court – Therefore Contemnor-Respondent No. 2 must have issued the certificate on extraneous consideration – It is not a case where apology tendered by the alleged Contemnors should be accepted.(Paras 13 and 14)
(c)Contempt of Courts Act, 1971 – Section 12 – Supreme Court had directed to be cancel the earlier certificate – Therefore Contemnor-Respondent No. 1 ought not have indulged in camouflaging of the record thereof – Taking undue advantage of the observations made by Court also amounts to interference with the order passed by Court in imparting justice.(Paras 15 and 16)
(d)Constitution of India – Articles 129 and 142 – Apart from the provisions of the Contempt of Courts Act, Supreme Court has constitutional duty in terms of Article 129 as also Article 142 of the Constitution of India to issue such directions, as are necessary for the ends of justice – Held, Contemnor-Respondent Nos. 1 and 2 are guilty of commission of contempt of Supreme Court. (Para 17)
Facts of the case:
Respondent No.1 herein appeared as a private candidate in the Intermediate Examination conducted by U.P. Board of High Schools & Intermediate Education from Janta Inter College, Azamgarh (U.P.). His result was withheld. A provisional mark-sheet was purported to have been issued to him without showing that his result for Intermediate Examination had been withheld. On the basis of the said purported provisional mark-sheet, he pursued further studies and completed his Graduation as also Post Graduation. He was also employed as a teacher. The Principal of the College informed him that his result in the Intermediate Examination has been cancelled. Questioning the said order, a writ petition was filed. The said writ petition was allowed by a learned Single Judge of the High Court. Aggrieved, the petitioner herein preferred a special appeal before a Division Bench which was summarily dismissed. Petitioner herein approached Supreme Court under Article 136 of the Constitution of India. In Civil Appeal No. 4034 of 2001 arising out of the said special leave petition, this Court in its judgment dated 03.09.2003, allowed the same with observations.
Indisputably, taking advantage of the said observations, Respondent-Contemnor No. 1 filed an application on 28.09.2003 before the Contemnor-Respondent No.2 with a prayer to permit him to appear at the Intermediate Examination as a private candidate. No action was taken thereupon. He filed a writ petition before the High Court which was disposed of by issuing direction.
Relying on or on the basis of the said purported observations by the High Court a certificate was issued by Contemnor-Respondent No.2 on or about 14.05.2004, in terms whereof Respondent No. 1 is said to have passed the said Intermediate Examination and was placed in Second Division. Individual marks in individual subjects, however, were not assigned.
It, however, appears that the said certificate was cancelled by an order dated 22.11.2004.
Legality of the said order was questioned by Contemnor-Respondent No.1 before the Allahabad High Court by filing a writ petition. By reason of a judgment and order dated 06.08.2004, the High Court dismissed the said writ petition with cost.
The contempt petition thereafter was filed on or about 09.08.2004.
Findings of the Court:
Contemnor-Respondent Nos. 1 and 2 are guilty of commission of contempt of Supreme Court.
Result : Petition allowed.
judgment
S.B. SINHA, J. —
1.This application for initiation of a contempt proceeding has been filed for alleged disobedience of this Court’s order dated 03.09.2003, relevant portion whereof reads as under :
“We are also unable to issue any direction to the first respondent to allow the third respondent to sit at the Intermediate Examination at this stage; having regard to the fact that relevant rules in this regard have not been placed. We may, however, observe that if he is entitled to take the said Examination in law, he may be permitted.”
2.Respondent No.1 herein appeared as a private candidate in the Intermediate Examination conducted by U.P. Board of High Schools & Intermediate Education from Janta Inter College, Azamgarh (U.P.). His result was withheld. A provisional mark-sheet was purported to have been issued to him without showing that his result for Intermediate Examination had been withheld. On the basis of the said purported provisional mark-sheet, he pursued further studies and completed his Graduation as also Post Graduation. He was also employed as a teacher. The Principal of the College informed him that his result in the Intermediate Examination has been cancelled. Questioning the said order, a writ petition was filed. The said writ petition was allowed by a learned Single Judge of the High Court. Aggrieved, the petitioner herein preferred a special appeal before a Division Bench which was summarily dismissed. Petitioner herein approached this Court under Article 136 of the Constitution of India. In Civil Appeal No. 4034 of 2001 arising out of the said special leave petition, this Court in its judgment dated 03.09.2003, while allowing the same made the aforementioned observations.
3.Indisputably, taking advantage of the said observations, Respondent-Contemnor No. 1 filed an application on 28.09.2003 before the Contemnor-Respondent No.2 with a prayer to permit him to appear at the Intermediate Examination as a private candidate. No action was taken thereupon. He filed a writ petition before the Allahabad High Court which was marked as CMWP No. 2088 of 2004. The same was finally disposed of, directing :
“Having heard Sri S.K. Yadav, learned counsel for the petitioner as well as learned Standing Counsel appearing for the State-Respondent nos. 1 and 2 and on perusal of the record, this writ petition is disposed of with a direction to the Secretary, U.P. Board of High Schools and Intermediate Education, Allahabad, Respondent no. 2, to pass suitable order on the application of the petitioner dated 28.09.2003 in accordance with law as expeditiously as possible preferably within a period of two months from the date of filing of a certified copy of this order along with a copy of the application dated 28.09.20-03 before the said Respondent no. 2.”
4.It is not in dispute that there does not exist any rule permitting a candidate to appear at an examination at a later point of time and that too as a private candidate.
5.Relying on or on the basis of the said purported observations by the High Court of Allahabad, a certificate was issued by Contemnor-Respondent No.2 on or about 14.05.2004, in terms whereof Respondent No. 1 is said to have passed the said Intermediate Examination and was placed in Second Division. Individual marks in individual subjects, however, were not assigned.
6.It, however, appears that the said certificate was cancelled by an order dated 22.11.2004. A notice, in this behalf, was also published in the newspaper, which is in the following terms :
“General Public is informed that the certificate No. INT-002557 for Intermediate Examination for the Year of 1984 issued earlier to the examinee Mahendra Pratap Yadav bearing Roll No. 575203 Dist. Ajamgarh is cancelled.
Use of the cancelled certificate will be illegal and will be punishable offence.”
7.Legality of the said order was questioned by Contemnor-Respondent No.1 before the Allahabad High Court by filing a writ petition, which was marked as CMWP No.20121 of 2004
