Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contempt of Court-Contemnor-candidate on the basis of withheld |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Contempt of Court - Contemnor-candidate on the basis of withheld result of examination pursuing further studies and getting employment - Cancellation of result upheld by Supreme Court - However, Supreme Court observing that if rules permitted, the candidate could take the examination - Contemnor-candidate seeking permission to appear in the examination from the Examination Board - Contemnor-Secretary of the Board issuing certificate declaring the candidate having passed the examination - Certificate subsequently cancelled - Cancellation unsuccessfully challenged by the candidate - Contempt petition alleging disobedience of the order of Supreme Court - Held: Contemnors committed contempt of Court - Contemnor-candidate took undue advantage of the observations of Supreme Court - This amounts to interference with the order passed by the Court - Contemnor-Secretary acted contrary to law - Contempt of Courts Act, 1971 - Constitution of India, 1950 - Articles 129 and 142. Respondent No.1-Contemnor had appeared in Intermediate Examination. His result was withheld. However a provisional marksheet was issued to him. On the basis of the provisional marksheet, he pursued his further studies and subsequently also got employed. The result of Intermediate Examination was cancelled. A Writ Petition challenging the order of cancellation was allowed by Single Jude of High Court Petitioner herein filed special appeal, which was dismissed by Division Bench of High Court. In appeal, this Court by its order dated 3.9.2003 reversing the judgment of Single Judge of High Court, held that the result was liable to be set aside. The Court also observed that if the respondent No.1 was entitled to take the Intermediate Examination, he might be permitted as per law.Respondent No.1, taking advantage of the observation in the order dated 3.9.2003, filed an application to the Secretary of the Examination Board-Contemnor (respondent No.2) seeking permission to appear in the examination as a private candidate. No action was taken on that Respondent A No.1 filed a Writ Petition wherein High Court directed the Secretary of the Board to pass suitable order on the application in accordance with l,aw. Respondent No.2-Contemnor, relying on the direction of the High Court, issued a certificate in terms whereof respondent No.1 was said to have passed the Intermediate Examination. However, the said certificate was consequently cancelled. Legality of the cancellation of the certificate was questioned by respondent No.1 before High Court by filing Writ Petition, and the same was dismissed. Thereafter the present contempt petition was filed by the petitioner. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 881 |
Petitioner | Ram Preeti Yadav |
Respondent | Mahendra Pratap Yadav And Ors. |
SCR | [2007] 9 S.C.R. 590 |
Judgement Date | 2008-08-30 |
Case Number | 512 |
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