High Court of DelhiCONT.CAS(C)/990/2016

Ananya Singh v. Rajesh Kumar Chaturvedi

2016-08-29Hon'Ble Mr. Justice Manmohan2 pages

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 990/2016 & C.M.Nos.31336-31337/2016 ANANYA SINGH ..... Petitioner Through Mr.Virag Gupta with Mr.Gaurav Pathak, Advocates.

versus RAJESH KUMAR CHATURVEDI ..... Respondent Through Mr.Amit Bansal with Ms.Seema Dolo and Mr.Akhil Kulshrestha, Advocates for CBSE.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 29.08.2016 Present contempt petition has been filed alleging wilful disobedience of order dated 2nd August, 2016 passed in W.P.(C) No.6288/2016 whereby the Court directed the respondent to reevaluate Question No.1 of petitioner's Political Science paper on or before the closure of working hours of 6th August, 2016 and in case there was any change in marks, the re-evaluated result was to be declared. The relevant portion of the order dated 2nd August, 2016 is reproduced hereinbelow:- "13. In view of the same, the petitioner is directed to deposit the requisite fee with the respondent on or before 12 noon of 03.08.2016. On deposit of the said fees, the respondent shall re-evaluate the question No.1 of Political Science paper of the petitioner on or before the closure of working hours of 06.08.2016 and, in case, there is any change in marks, the revaluated result shall also be declared within the same period."

Learned counsel for petitioner states that there is wilful disobedience of the aforesaid order as though the respondent has re-evaluated the Question No.1 vide letter dated 5th August, 2016, yet there is no change in the marks allotted to the petitioner. In the opinion of this Court, no wilful disobedience of the order dated 2nd August, 2016 has been made out as the Coordinate Bench of this Court had only directed the respondent to re-evaluate the Question No.1 and no direction was given to increase the marks. The relevant portion of respondent's letter dated 5th August, 2016 is reproduced hereinbelow:- "In this connection, I am directed to inform you that order of the Hon'ble Court has been complied with and the Q.No.01 has been re-checked by the Subject Expert. As per the report submitted by the Subject Expert, "No Change" has been observed, hence, marks already communicated to the candidate remain the same."

Since in the present case the re-evaluation exercise has been carried out, no contempt is made out. Accordingly, the present contempt petition and the applications are dismissed. MANMOHAN, J AUGUST 29, 2016 KA