MAHESHWARI PRASAD MISHRA Vs. ACHALA KHANNA DIRECTOR STATE EDUCATION RESEARCH AND TRAINING BOARD
LAWS(ALL)-2006-7-181
HIGH COURT OF ALLAHABAD
Decided on July 12,2006

MAHESHWARI PRASAD MISHRA SON OF RAM MURTI MISHRA Appellant
VERSUS
ACHALA KHANNA, DIRECTOR STATE EDUCATION RESEARCH AND TRAINING BOARD Respondents

JUDGEMENT

M.C. Jain, J. - (1.) We have heard Sri R.K. Ojha, learned Counsel for the appellant and have perused the record.
(2.) The instant appeal under Section 19 of the, Contempt of Courts Act, 1971 is sought to be filed against the order dated 5.5.2006 passed by Hon'ble D.P. Singh, J. in Contempt Petition No. 246 of 2006 whereby he discharged the notices and rejected the contempt petition.
(3.) The relevant facts may be stated briefly. The contempt petition was filed by the present appellant Maheshwari Prasad Misra against Smt. Achala Khanna, Director, State Education Research and Training Board, U.P., Nisatganj, Lucknow with the allegations that in spite of the order dated 11.5.2001 passed in Civil Misc. Writ Petition No. 18066 of 2001, he had not been admitted to Special B.T.C. Training Course, treating him in the category "physically handicapped". In pursuance of an advertisement in 1988 he had applied for selection in Special B.T.C. Course under the 'General Category' without claiming any reservation. He was not selected. He preferred Civil Misc. Writ Petition No. 31155 of 1999 which was disposed of with a direction that his representation be decided. The representation was rejected by order dated 18.8.1999. He challenged it by means of another Writ Petition. That was allowed, stating that the opposite party should accept the physically handicapped certificate filed by the applicant, even though he had not applied as such and in case his merit was higher than the last candidate selected in physically handicapped category, he should also be allowed to undergo the training. In compliance of the writ order, the appellant was asked to submit his physically handicapped certificate. The same was sent for verification to Moti Lal Nehru Medical College Allahabad, which had allegedly issued the same. The Principal of the Medical College endorsed the certificate that no such Society, namely, Viklang Sahayata Society was ever run by the Orthopedic Department of the College.;


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