THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY Contempt Case No.1329 of 2010 Dated:21st January, 2011 Between: M.Susheel Kumar ..... Petitioner AND 1. The General Manager, Bharath Dynamic Ltd., Bhanur Village, Patanchervu Mandal, District Medak & Anr. .....Respondents *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Contempt Case No.1329 of 2010 JUDGMENT: This contempt case has been filed by the petitioner against the respondents complaining disobedience of the order, dated 15.06.2010, passed in WP No.13190 of 2010. 2. Form-I Notice came to be issued on 19.10.2010. Subsequently, the 2nd respondent contemnor filed Contempt Application No.1016 of 2010 to dispense with his presence and the said application came to be ordered on 26.10.2010. 3. Counter-affidavit has been filed by the 2nd respondent. It is stated in the counter-affidavit that the guardian of the petitioner has not filed necessary certificates to consider the admission of the petitioner into school. However, the 2nd respondent stated in the counter affidavit that admission will be provided to the petitioner in the next academic year as per rules upon receiving the necessary certificates from the petitioner. Paras.5 and 6 of the counter affidavit need to be noted and they are thus: “ 5 . I humbly submit that the Respondent/Petitioner represented by his natural guardian Mr.Jagadeswar having failed to submit the necessary certificates for considering his case for admission into the school has chosen to file the subject CC No.1329/2010 by falsely alleging willful and intentional disobedience of the above orders by this Petitioner/ Respondent. I humbly submit that this Petitioner/Respondent No.2 is having great respect and regard for the orders passed by this Hon’ble High Court and in fact it is the failure of the Respondent/Petitioner in submitting the certificates inspite of being advised and this Petitioner/Respondent No.2 was in fact prepared to consider the case of the Respondent/Petitioner even though the academic session was commenced even prior to passing of the above orders. The allegations made by the Respondent/Petitioner are not true and not based on facts and the Petitioner/Respondent No.2 does not have any intention of flouting the orders passed by this Hon’ble High Court. I further submit that in spite of repeatedly advising the Respondent/Petitioner for submission of the certificates he had not complied with the advise but instead has chosen to file this contempt case after a lapse of more than 04 months. 6. It is humbly submitted that the academic session was commenced four months ago and this Petitioner/Respondent No.2 is willing to consider the application of the Respondent/Petitioner for admission for the next academic year as per rules, upon receiving the certificates from the Respondent/Petitioner as advised earlier. It is humbly submitted that this Petitioner/Respondent No.2 is not having any intention of violating the orders passed by this Hon’ble High Court and it is therefore prayed that the appearance of the Petitioner/Respondent No.2 as directed by this Honb’ble Court on 19.10.2010 may be dispensed with in view of the submissions made as above.” 4. The order passed in the Writ Petition is to extend the benefit under Clause II of the Memorandum of Understanding to the petitioner. The petitioner filed the contempt case complaining disobedience of the order, dated 15.06.2010, passed in W.P.No.13190 of 2010. The 2nd respondent stated in the counter-affidavit that the guardian of the petitioner has not furnished necessary certificates to consider the admission of the minor petitioner. However, the 2nd respondent has given undertaking in the counter-affidavit that admission will be given to the petitioner in the next academic year as per rules. 5. In view of the undertaking given by the 2nd respondent in the counter-affidavit, this Contempt Case is closed. ______________________ B.SESHASAYANA REDDY, J. Date:21st January, 2011. Cs THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY Contempt Case No.1329 of 2010 Dated:21st January, 2011