Ashwani Kumar Mishra, J. - (1.) This contempt petition has been filed alleging disobedience of the orders passed by Division Bench of this Court on 5.2.2014, in Special Appeal Defective No.130 of 2014. Directions contained in the judgment, therefore, is taken note of first, and paragraph nos.14 to 16 are reproduced:- "14. In the circumstances, the special appeals would have to be allowed and are, accordingly, allowed. The impugned judgment and order of the learned Single Judge dated 14 November 2013 is set aside. A mandamus would, accordingly, issue directing the State to permit the appellants and such other persons who claim to be holding the qualifications which are within the purview of the notification issued by the NCTE on 23 August 2010, as amended on 29 July 2011, to apply for the post of Assistant Teachers for Classes I to V which was the subject matter of the advertisement in question. 15. Since the Court is informed that the process of counseling is still to commence, we direct the State Government to act in accordance with the aforesaid direction in processing and completing the selection process. 16. We clarify that the issue as to whether the appellants hold the qualifications strictly in accordance with the notification issued by the NCTE has not been decided by us since that is a matter of verification by the authority concerned."
(2.) It transpires that the judgment was assailed before the Apex Court, and while orders came to be passed on different dates, Special Leave to Appeal (C) No. 12060-12061 of 2014 has been ultimately dismissed on 13.1.2015. The judgment of the Division Bench, therefore, has attained finality.
(3.) A Contempt Application (Civil) No.4629 of 2014 was thereafter filed, in which an undertaking of the concerned officials of State was recorded, and the contempt petition was disposed of, vide following orders passed on 31.1.2017:- "Supplementary counter affidavit filed today by Ajay Kumar Singh, Secretary, Basic Education, Government of U.P. Lucknow is taken on record. The officer is present. Heard learned counsel for the applicant Sri R.K. Ojha, learned senior counsel and Sri B.P. Singh, learned counsel, appearing for the opposite party. It is sought to be urged by the learned counsel for the opposite party that in compliance of the judgement and order dated 5.2.2014, passed in Special Appeal No. 130(D) of 2014 ( Harsh Kumar and another Vs. State of U.P and others), notification dated 19/20.1.2017 has been issued by the Secretary, Board of Basic Education, U.P. Allahabad to consider the candidates eligible against the vacancy notified vide notification dated 15/17 October 2013. Learned counsel for the applicant would submit that though the order of appellate court has duly been complied, however, would urge that the entire exercise pursuant to the notification should be completed within a stipulated time as more than four years has since lapsed. Learned counsel, appearing for the opposite party on instructions from the fifth respondent, who is present in Court would submit that an endeavour shall be made to complete the entire exercise within four months from date. The undertaking is recorded and accepted. Personal appearance of the officer is exempted. Notice issued to the opposite party stands discharged. Consigned to record.";