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2025 DAILYLAW 159278 (ALL)

RACHANA YADAV AND OTHERS v. P.C. SAXENA, DIRECTOR DEPTT. OF AYURVEDA, LKO. AND OTHERS

CAPL/3022/2023 · 2025-04-01

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18044 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 3022 of 2023 Applicant :- Rachana Yadav And Others Opposite Party :- P.C. Saxena, Director Deptt. Of Ayurveda, Lko. And Others Counsel for Applicant :- Nirankar Singh Counsel for Opposite Party :- Dhirendra Pratap Singh,Dhirendra Pratap Singh Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicants and Shri Sunil Bajpai, learned Additional Chief Standing Counsel for the State-opposite parties. 2. The present application has been filed with the prayer to summon and prosecute the opposite parties for willful and deliberate defiance of the order dated 25.08.2023 passed by Writ Court in Writ C No.7343 of 2023; Mahima Kasaudhan and 35 Ors. Vs. State of UP and Ors. 3. Learned counsel for the applicants submits that after counseling, the applicants were advised to report in their respective colleges, and thereafter, they completed all the formalities but later on, it was found that incorrect list was prepared by the counseling team. He further submits that after considering the version of State Government, interim order was passed by the Writ Court but the applicants were not being allowed to participate in the examination, therefore, opposite parties should be summoned and punished accordingly. 4. Shri Sunil Bajpai, learned Additional Chief Standing Counsel submits that on certain complaints, entire result was scrutinized and it was found that the result was changed by the facilitator in the computer and it was also found that the applicants obtained less marks than the cut-off, therefore, their selection was also cancelled by passing the order dated 24.05.2024 which is annexed with the short-counter affidavit dated 30.05.2024 filed by Shri P.C. Saxena, Director, Department of Ayurveda, 9th Floor, Indira Bhawan, Lucknow in connected application i.e. Contempt Application (Civil) No.3218 of 2023. He further submits that the admission of the applicants has been cancelled, therefore, question does not arise for allowing them in the examination. In such circumstances, no contempt is made out against the opposite parties. 5. Considering the submissions of learned counsel for the parties, going through the contents of application, short counter affidavit, order of Writ Court as well as other relevant documents, it is evident that the admission of applicants has already been cancelled vide order dated 24.05.2024, therefore, I am of the view that no contempt is made out against the opposite parties. 6. Accordingly, the present application being devoid of merit is hereby dismissed. 7. Consigned to record. Order Date :- 1.4.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench