Allahabad High Court
C/M JANTA KANYA INTER COLLEGE AND ANOTHERversusSUBHASH SHUKLA, DISTRICT BASIC EDUCATION OFFICER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The contempt application is dismissed as infructuous because the opposite party complied with the writ court's order.
Summary
The High Court of Allahabad, in a contempt application (C/M) filed by Janta Kanya Inter College and another, noted that the writ court had earlier, on 18 October 2022, ordered the District Basic Education Officer to pass a fresh order. The officer complied and issued a fresh order on 7 December 2023, which was attached to a compliance affidavit filed on 1 December 2023. Since the original writ order was satisfied, the court held that the contempt application was no longer viable. Consequently, the contempt notice was discharged and the application dismissed, though the applicants were permitted to challenge the fresh order in the appropriate forum if they wished. The judgment was delivered on 5 May 2026 by Justice Rohit Ranjan Agarwal.
Issues considered
- Whether the contempt application should be dismissed on the ground that the order of the writ court has been complied with
Subjects
- contempt of court
- writ jurisdiction
- compliance of order
- education administration
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 7405 of 2023
C/M Janta Kanya Inter College And Another
.....Applicant(s)
Versus
Subhash Shukla, District Basic Education Officer
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhishek Shekhar Ojha, Anurag
Kumar Ojha, Parmatma Nand Ojha
Counsel for Opposite Party(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. The writ Court on 18.10.2022 while allowing the Writ-A No. 16828 of
2022 had required the opposite party to pass fresh order.
2. Pursuant to the remand order passed by the writ Court, the matter has
been taken up by the District Basic Education Officer and fresh order has
been passed on 7.12.2023, copy of which has been appended as annexure
No. 1 to the compliance affidavit filed by the State on 1.12.2023..
3. As the order of writ Court has been complied by the opposite party,
contempt application has rendered infructuous and same stands dismissed,
however, leaving it open to the applicant to assail the order passed by the
authority concerned before the appropriate forum, if so advised.
4. Contempt notice stands discharged.
(Rohit Ranjan Agarwal,J.)
May 5, 2026
Shekhar
Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad
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