Court No. - 19 Case :- CONTEMPT No. - 2324 of 2009 Petitioner :- Poorvanchal Management Of Self Finance Teachers Training Respondent :- Kamran Rizvi,Secretary Higher Education Department,Civil Petitioner Counsel :- Akhilesh Kalra Respondent Counsel :- Shishir Jain Hon'ble S.C. Chaurasia,J.
Heard Sri Akhilesh Kalra, learned counsel for petitioners, Sri
Shishir Jain, learned counsel for opposite parties nos. 2 to 4, 7 & 8,
learned Standing Counsel and perused the record.
In writ petition No. 4486 (M/B)/ 2009, Poorvanchal Management
and Others Versus The Vice Chancellor and Others, the Division
Bench of this court has passed an interim order dated 21-05-2009,
which may be quoted as under:-
“We, therefore, in the interest of justice permit the students of the
petitioner’s institutions to appear in the examination for Academic
Session 2006-07 ignoring the order dated 24.04.2009 which has
been annexed as annexure no. 2 to the writ petition.”
Learned counsel for the petitioners has submitted that the
concerned authorities of Deen Dayal Upadhyaya Gorakhpur
University, Gorakhpur have not complied with the said interim
order dated 21-05-2009 as yet, and are committing wilful
disobedience of the said order.
Learned counsel for the university has submitted that the
petitioners version is that the students were admitted out of merit
list prepared by the university i.e. the students who were available
for counselling and not from outside, but, on scrutiny, it was found
that list of those students was also submitted, whose names were
not mentioned in the merit list.
Learned counsel for the petitioners has replied that the students
who did not appear in joint entrance examination, were also
entitled to appear in the final examination.
I have been informed that Counter Affidavit and Rejoinder
Affidavit have been exchanged between the parties in writ petition
no. 4486(M/B)/2009 and the said writ petition is at the stage of
final hearing.
Having considered the record and rival contentions of learned
counsel for the parties, I am of the view that hearing of contempt
petition may be deferred till final disposal of the said writ petition.
It is expected that learned counsel for both the parties would
cooperate in final disposal of said writ petition.
List after three months.
Order Date :- 11.8.2010
AKS