Secretary, UP Board of High Schools, guilty of contempt: SC

New Delhi, Sept 3 (UNI) The Supreme Court has found the Secretary, Uttar Pradesh Board of High Schools and Intermediate Education, and a school teacher guilty of contempt of court and imposed a fine of Rs 2000 each on the two contemnors.

A bench comprising Justices S B Sinha and Harjit Singh Bedi, in the judgment dated August 30, noted, ''We are of the opinion that contemnor respondent no. 2( read secretary of the UP High School Board) must have issued the certificate on extraneous consideration.

Contemnor-respondent no1 is a beneficiary of the said illegal and fraudulent certificate.'' The certificate was issued on May 14,2004. The decision had been taken by the Examination Board to cancel the said certificate. ''We, therefore, are of the opinion that it is not a case where apology tendered by the alleged contemnors should be accepted, the bench added.

''However having regard to the facts and circumstances of this case, we are of the opinion that the interest of justice would be subserved , if both of them are directed to pay a fine of Rs. 2000 each . They shall deposit the fine in the Registry of this court within four weeks from date, failing which appropriate action shall be taken." The respondent no. 1 -- Mahendra Partap Yadav -- got admission on the basis of a purported provisional mark sheet to graduation courses by concealing the fact that his intermediate result had been withheld by the UP Board and completed his post graduation courses and got the job of a teacher in a government college and the Principal of the college informed Yadav that his inter mediate examination result had been cancelled.

The two contemnors disobeyed the apex court order dated September 3, 2003 in which the court had directed that if Yadav was entitled to take the said examination in law, he may be permitted.

Yadav was permitted to appear in intermediate examinations despite the fact that rules did not permit such permission and he passed the said examination on May 14, 2004 and marks of individual subjects were not shown.

The certificate was cancelled by an order dated November 22,2004.

The apex court in its judgment disapproved the conduct of the Board Secretary and noted,"Contemnor-repondent no. 2 being a secretary of the statutory board is expected to act in accordance with law.Before acting on the purported application filed by contemnor no.1 he should have applied his mind to the extant rules.Application of mind was also necessary on the purport of the order dated 3.9.2003 passed by this court. On a plain reading of the said order , it would be evident that the fraud practiced by the alleged contemnor-respondent no.1 was not condoned by this court.'' His result was declared to be set aside. He made a representation before this court. The basis of the said representation it now transpires is non-existent." The apex court delivered the judgment on a petition filed by Ram Preeti Yadav.

UNI