D.Kaseem Vali, Ananthapur Dist. v. Rajender Reddy, Hyd And 2 Others

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CONTEMPT CASE No.468 of 2017 ORDER:

This Contempt Case is filed alleging non-compliance of order, dated 21.04.2016 passed by this Court in Writ Petition No.13551 of 2016.

In the aforesaid order, this Court permitted the petitioner to file a representation before the respondents within one week from that date, and directed the respondents to dispose of such representation within one week thereafter.

Respondent No.3 filed a counter-affidavit, as far back as on 20.04.2017, along with his letter, dated 23.12.2016, addressed to the petitioner. The said letter reads as under: "It is hereby informed you that as per your representation made by you on 12.11.2016, in which you have claimed SET eligibility certificate in the subject of Political Science. The Office of the Commissioner, RTI has summoned the Member Secretary, TS -SET to be present before the Court on 17.02.2016 with the relevant documents. On that day, I was present with original copy of OMR sheet of Paper-I, of written test and have been shown to you also given a xerox copy of the same in presence of Commissioner, RTI of Andhra Pradesh State Information Commission.

It is also submitted that the Question No.60 of Paper-I while bubbling with ball pen it was spread over to adjacent circle. It is also mentioned in the instructions to candidates in Question Booklet of item-5, clearly states that marking must be done of within the circle only, other than in the circle in the OMR sheet will not be evaluated. Hence, while scanning of OMR sheet the response of Question No.60 was become invalid. Moreover, the RTI Court has also not issued any copy of judgment with regard to this issue.

CKR, J C.C.No.468 of 2017 In view of all above, you claim is not considered and eligibility certificate will not be issued. Further, it is requested you not to make any further correspondence in future."

In the light of the above, it can be said that the order, dated 21.04.2016, passed by this Court in Writ Petition No.13551 of 2016, has been complied with.

Accordingly, the Contempt Case is closed. However, if the petitioner is aggrieved by the findings recorded by respondent No.3 in the letter, dated 23.12.2016, he is at liberty to seek appropriate remedy in accordance with law.

_________________________ CHALLA KODANDA RAM, J 19th DECEMBER, 2017.

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