S. B. Sinha, J. - (1.) This application for initiation of a contempt proceeding has been filed for alleged disobedience of this Courts 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 and 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 28.09.2003 before the said Respondent No. 2." ;