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2025 DAILYLAW 149170 (ALL)

AMRITESH KISHAN THRU. HIS FATHER SAMANT KUMAR v. VIKRAM JOSHI DEPUTY COMMISSIONER NAVODAYA VIDYALAYA SAMITI LKO. AND ANOTHER

CAPL/1971/2025 · 2025-07-03

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37409 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1971 of 2025 Applicant :- Amritesh Kishan Thru. His Father Samant Kumar Opposite Party :- Vikram Joshi Deputy Commissioner Navodaya Vidyalaya Samiti Lko. And Another Counsel for Applicant :- Manish Mani Sharma Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant. 2. The instant contempt application has been filed by the applicant alleging disobedience of the order dated 14.05.2025 passed by this Court in Writ-A No. 4463 of 2025. 3. Learned counsel for the applicant submits that the applicant- petitioner was given admission in Class-IIIrd in April, 2022 in Vivekanand Academy, Palia Road, Bhira, District- Lakhimpur Kheri situated in Guru Nanak Nagar, Khaira Farm, Gram Panchayat Bhira, District- Lakhimpur Kheri. The applicant completed his Class-Vth in the year 2025 from the aforesaid academy. The applicant also applied for admission to Class- VIth in Jawahar Navodaya Vidyalaya (J.N.V.), Mitauli, District- Lakhimpur Kheri and he qualified the said examined, but rural area certificate was not given to him by the Tehsildar concerned. It is further submitted that feeling aggrieved, the applicant preferred a writ petition i.e. Writ-C No. 4463 of 2025, which was allowed on 14.05.2025 with direction to the authorities to grant admission to the petitioner, if otherwise there is no legal impediment within a period of two weeks from the date of the order. Thereafter, the said order was served upon the competent authority, but the claim of the applicant as regards seeking admission in the J.N.V. concerned was rejected vide order dated 02.06.2025, which is clear violation of the directions passed by the writ Court, hence, the respondents may be summoned and punished accordingly. 4. Considering the contents of the order passed by the writ Court and the order passed by the respondent-authority on 02.06.2025, it is undisputed fact that at the time of admission, rural area certificate was required, but the area in question, in which the school is situated, comes in urban area. Therefore, the Tehsildar concerned denied to issue the rural area certificate to the applicant and this fact was properly considered by the authority. Thus, this Court is of the view that no contempt is made out. Accordingly, the contempt application is dismissed. 5. However, it is open to the applicant to take appropriate remedy at the appropriate forum, in case, he is feeling aggrieved. Order Date :- 3.7.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench