- (1.) This contempt application has been filed by the applicant, the Committee of Management, Dulari Devi Degree College, Bindwalia, Bhikahampur, Deoria through its Manager, Shri Manoj Kumar Pandey alleging that the order dated 23.6.2010 passed by the writ Court in Civil Misc. Writ Petition No. 35255 of 2010 has been violated.
(2.) The writ court in the afore mentioned writ petition no 35255 of 2010, inter alia, had passed the following order: By the impugned order dated 1.6.2010 the university has stated that the petitioner's institution has been refused recognition and therefore is not entitled to either to admit or to take examination of students for B.Ed. course for the session 2008-09. It has been contended that the recognition granted to the petitioner's institution vide order dated 31.8.2009 from the academic session 2009-10 only is incorrect and ought to relate back to the date of initial recognition. The said order has been assailed by the petitioner's institution by filing a writ petition No. 18594 of 2010 in which necessary affidavits have already been exchanged. Thus it has been contended that in the event the above referred writ petition is allowed, the students of the petitioner's institution would suffer irreparable loss if not allowed undertake B.Ed. examination for the academic year 2008-09 which are scheduled be commence from second July, 2010. On the other hand on behalf of the university it has been contended that some students have filed writ petition No. 677 of 2010 which has already been heard on 21st, May, 2010 and the Judgment is reserved. There is yet another writ petition by the students being Writ Petition No. 22668 of 2010 which is pending for consideration and therefore, all these writ petitions be taken up together. The petitioner's institution was admittedly granted recognition from the session 2009-10 and was also recognised in the session 2007-08 but there is no recognition in the year session 2008-09 in respect whereof the above writ petition is pending and the possibility of the said writ petition being allowed can not be ruled out. Therefore, I consider it necessary to safeguard the interest of the students. Learned standing counsel as well as counsel for the N.C.T.E. and the university may file counter affidavit within three weeks and thereafter learned Counsel for the petitioner is allowed to file a rejoinder affidavit within a week. List after one month. As the interim measure it is provided that the students of the petitioner's institution who were validly admitted in the B.Ed. course for the session 2008-09 and have completed their studies shall be provisionally permitted to appear in the B.Ed. examination scheduled be held with effect from 1st, July, 2010 but their result shall not be declared without the leave of the court.
(3.) Keeping in view the urgency involved in the matter, before issuing any formal notice to the opposite parties i.e. Gorakhpur University, this Court requested Smt. Sunita Agarwal representing the Gorakhpur University to assist the court in dealing with the contempt application. Pursuant thereto, Smt. Sunita Agrawal has put in appearance on behalf of the opposite party No. 2, viz. Shri Abdul Mueed Ansari, the Registrar, Deen Dayal Upadhyaya Gorakhpur University, Gorakhpur and submitted that the present contempt application has been filed by concealing material facts, particularly, the Judgment and order dated 3.7.2010 passed in a Bunch of writ petitions(writ petition No. 677 of 2010 and other similar writ petitions) filed by the students of the applicant's College viz. Dulari Devi Degree College, Bindwalia, Bhikahampur, Deoria (for short the 'College') and the order dated 12.8.2010 passed by the Division Bench in Special Appeal No. 1216 of 2010.;