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Judgment
Anil Kumar, J.—Heard Sri Vijeyandra Mishra, learned counsel for applicant, Sri Prashant Chandra, Senior Advocate assisted by Sri Sunil Sharma and Sri Asit Kumar Chaturvedi learned counsel on behalf of O.P. No. 9 and perused the record.
After hearing the learned counsel for parties, the admitted facts which came to light that for redressal of his grievances applicant approached this Court by filling Writ Petition No. 11540 (MB) of 2008. On 29.01.2009, in the said matter, an interim protection has been given, relevant portion is quoted as under:-
"In view of the" fact that the State Government itself has taken a decision to constitute a committee to look into the aforesaid grievance coupled with the fact that the students who have already taken admissions and are continuing with their studies, they cannot be stopped and restrained from pursuing their courses and that imparting higher education to the students need be a prior obligation of the State, we, therefore, provide as an interim measure that the students who have already been given admissions under the aforesaid Government Orders or so to say the students who are continuing with their studies with the said benefit in terms of the pre-modified Government Orders, they shall be allowed to continue with their studies without asking them to make payment of any fee. So far the students who have been admitted after 29.5.08 and 31.5.08 are concerned, they shall also be allowed to continue with their studies, in view of the fact that the State Government itself has taken a decision to constitute a committee to look into the aforesaid grievance, till such committee give its recommendation and a decision on the same is taken or till further orders of the Court whichever is earlier, without asking any further fee."
As per version of the applicant, the said order has not been complied with, so the present contempt petition has been filed.
On 11.08.2009, notices were issued to the respondent.
In pursuance to the same, the appearance has been put by them.
Sri Prashant Chandra, Senior Advocate, submits that subsequently the Writ Petition No. 11540 (MB) of 2008 has been finally disposed of by judgment and order dated 29.08.2011. He further submits as per the instructions received to him and as per the pleadings on record that the interim order dated 29.01.2009 passed by this court in the matter in question has been complied with prior to passing of the final order dated 29.08.2011.
Sri Prashant Chandra, Senior Advocate further submits that if the applicant is still aggrieved by the fact that official respondent has not complied the judgment and final order dated 29.08.2011, he can for redressal of his grievances approach the appropriate forum for initiating appropriate proceeding but the said fact/grievance cannot be challenged by way of amendment in the contempt proceedings which is initiated for alleged non-compliance of the order dated 29.01.2009 by the applicant as the principle of order 6 rule 17 of amendment of pleadings are not applicable in the contempt matters.
In rebuttal, Sri Vijeyandra Mishra, learned counsel for applicant submits that initially the present contempt petition has been filed for non-compliance of the interim order dated 29.01.2009 passed by this Court in Writ Petition No. 11540 (MB) of 2008, finally disposed of by order dated 29.08.2011, against the said order, the official respondents have approached Hon''ble the Supreme Court by filing SLP and the same was already dismissed. In view of the abovesaid background, the amendment has been sought, allowed and incorporated in the present case. However, he prays for and is granted two weeks'' time to study and argue the matter whether in the contempt proceedings the amendment can be allowed to incorporate the subsequent event or order and on the basis of the same contempt proceedings can be initiated against the respondent.
Further, in compliance of the order dated 30.01.2012 passed by this Court, counter affidavits have been filed on behalf of O.P. No. 8 and 9 through their counsel are taken on record.
Learned counsel for applicant prays for and is granted time to file rebuttal by the next date of listing.
List/put up in the week commencing 19.03.2012.
Personal appearance of the official concerned who are present today in pursuance to the order dated 30.01.2012 is exempted until further orders.