Allahabad High Court Weekly Round Up: January 24 To January 30, 2022

"Caste system in our society is deep-rooted, we boast ourselves as an educated society but we live our lives with double standards. Even after 75 years of Independence, we are not able to get out with this social menace," remarked High Court as it granted bail to a murder accused in connection with an alleged Honour Killing case.

Significantly, when the Bench of Justice Ajay Bhanot called him personally and asked him about the lapse on his part, he reiterated his stand that the order cannot be complied with due to administrative instructions.

Against this backdrop, noting that he remained defiant, the Bench ordered departmental action against him after terming his conduct as interfering with the administration of justice.

"...the Court cannot remain silent spectator to such acts of grave misconduct and deliberate defiance of orders passed by this Court by officers of the registry. Such conduct interferes with the administration of justice. In case such officials are given free run, public at large will lose faith in the judicial system," the Court further remarked.

The Uttar Pradesh government informed the High Court about its preparedness to hold Magh Mela amid COVID spread.

The UP Govt submitted its response on a Public Interest Litigation (PIL) plea filed before the Court seeking a direction to the state government to prevent devotees from bathing in/participating in the Mela on the auspicious dates i.e. Shahi Snan on account of COVID spread.

The Bench of Chief Justice Rajesh Bindal and Justice Piyush Agrawal was told that the UP government has already issued guidelines to be followed by the devotees who come to the Magh Mela.

The High Court refused to entertain another Public Interest Litigation (PIL) plea seeking postponement of elections for the Uttar Pradesh Legislative Assembly (scheduled to be held in Feb-March 2022) in view of the COVID surge.

The bench of Justice Attau Rahman Masoodi and Justice Suresh Kumar Gupta wasn't convinced to interfere on the basis of the ground raised in the PIL i.e. Pandemic as it noted that the Commission, being a constitutional body, must have taken into consideration the pandemic situation, with utmost responsibility.

The instant plea, moved by one Rishi Kumar Pandey, the State Head of the Akhil Bharat Hindu Maha Sabha, had submitted before the Court that COVID will spread drastically if the election is conducted as per the scheduled as were are currently dealing with the third phase of COVID.

The High Court recently observed that there is no absolute bar on the maintainability of a writ petition against the state and its instrumentalities in contractual matters.

The Bench of Justice Manoj Kumar Gupta and Justice Dr. Yogendra Kumar Srivastava remarked that where the amount is admitted and there is no disputed question of fact requiring adjudication of detailed evidence and interpretation of the terms of the contract, a writ would very well lie against the State and its instrumentalities.

The High Court has stayed the decision of the Uttar Pradesh government to appoint 6800 additional candidates as primary assistant teachers in the state in addition to already appointed 69000 candidates.

The Bench of Justice Rajan Roy made it clear that the Government can't appoint more than 69000 candidates without issuing an advertisement regarding the same, since in the original advertisement issued by the state, only 69000 posts were intended to be filled.

4. "Peshkars/Readers Duty-Bound To Write Legible Orders": Allahabad High Court Warns Of Action Against Erring Officials

Observing that some of the orders, statements, and office reports in the Subordinate Courts are written in bad handwriting that the same cannot be read properly, the High Court warned erring officials of action in case they fail to write legible orders.

It may be noted that in October 2021, the Allahabad High Court had observed in its order that it is the bounded duty of the Peshkars/ Court Readers to write the Court order in a legible manner, failing which, it may be treated as misconduct.