RAM PREETI YADAV versus MAHENDRA PRATAP YADAV AND ORS.

Issuance of certificate without legal basis and in violation of Supreme Court's order, as well as taking undue advantage of court's observation, amounts to contempt of court.

Parties: Petitioner: Ram Preeti Yadav; Respondent No. 1 (contemnor): Mahendra Pratap Yadav; Respondent No. 2 (contemnor): Secretary, U.P. Board of High Schools and Intermediate Education; Respondent: Respondent No. 3; Respondent: Respondent No. 4
Jurisdiction: India
Judgment Date: 30 August 2007
Procedural Posture: Contempt Petition / Final Judgment
Outcome: petition allowed
Legal Topics: Disobedience of Court Orders, Fraud, Cancellation of Examination Results, Issuance and Cancellation of Certificates

Contempt of Court Education Law Disobedience of Court Orders Fraud Cancellation of Examination Results Issuance and Cancellation of Certificates

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Parties

Ram Preeti Yadav

Petitioner

Mahendra Pratap Yadav

Respondent No. 1 (contemnor)

Secretary, U.P. Board of High Schools and Intermediate Education

Respondent No. 2 (contemnor)

Respondent No. 3

Respondent

Respondent No. 4

Respondent

Procedural Posture

Contempt Petition / Final Judgment

Legal Issues

1 Whether issuance of certificate by Secretary contrary to rules amounted to contempt of court
2 Whether benefit was illegally obtained by the candidate in violation of Supreme Court's order

Ratio Decidendi

Issuance of certificate without legal basis and in violation of Supreme Court's order, as well as taking undue advantage of court's observation, amounts to contempt of court.

Court Disposition

petition allowed

Orders

Contemnor-Respondent Nos. 1 and 2 are guilty of contempt of this Court.
Both directed to pay a fine of Rs. 2,000/- each, to be deposited in the Registry within four weeks.