Jayasree P.R vs Dr.Shekhar C.Mande
2021 Latest Caselaw 21283 Ker

Citation : 2021 Latest Caselaw 21283 Ker
Judgement Date : 29 October, 2021

Kerala High Court

Jayasree P.R vs Dr.Shekhar C.Mande on 29 October, 2021

Cont.Case.(C).No.162/21
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              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
  FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                          CON.CASE(C) NO. 162 OF 2021
    AGAINST THE ORDER/JUDGMENT IN WP(C) 11673/2017 OF HIGH
                                COURT OF KERALA
PETITIONER:

              JAYASREE P.R
              AGED 34 YEARS
              W/O.SREEKUMAR T.P., RESIDING AT SREENANDANAM,
              KALPAKA GARDEN, KOLAZHI P.O., THRISSUR, PIN-
              680010.

             BY ADVS.
             S.P.ARAVINDAKSHAN PILLAY
             SMT.N.SANTHA
             SRI.V.VARGHESE
             SRI.PETER JOSE CHRISTO
             SRI.S.A.ANAND
             SMT.K.N.REMYA
             SMT.L.ANNAPOORNA



RESPONDENTS:

      1       DR.SHEKHAR C.MANDE
              AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
              SECRETARY, COUNCIL OF SCIENTIFIC AND INDUSTRIAL
              RESEARCH, HUMAN RESOURCE DEVELOPMENT GROUP,
              EXAMINATION UNIT, CSIR COMPLEX, LIBRARY AVENUE,
              PUSA, NEW DELHI, PIN-110012.
 Cont.Case.(C).No.162/21
                                  2


      2       RAM SARUP,
              AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
              DEPUTY SECRETARY (EXAM), COUNCIL OF SCIENTIFIC AND
              INDUSTRIAL RESEARCH, HUMAN RESOURCE DEVELOPMENT
              GROUP, EXAMINATION UNIT, CSIR COMPLEX, LIBRARY
              AVENUE, PUSA, NEW DELHI, PIN-110012.

      3       D.VIJAYALAKSHMI,
              AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
              DEPUTY SECRETARY (EXAM), COUNCIL OF SCIENTIFIC AND
              INDUSTRIAL RESEARCH, HUMAN RESOURCE DEVELOPMENT
              GROUP, EXAMINATION UNIT, CSIR COMPLEX, LIBRARY
              AVENUE, PUSA, NEW DELHI, PIN-110012.

              BY ADV S.SIKKY


       THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 4.10.2021, THE COURT ON 29.10.2021 DELIVERED
THE FOLLOWING:
 Cont.Case.(C).No.162/21
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                          ANU SIVARAMAN, J.
                     = = = = = = = = = = = = = = =
                   Contempt Case (Civil) No.162 of 2021
                    = = = = = = = = = = = = = = = =
                 Dated this the 29th day of October, 2021
                                JUDGMENT

1. This contempt of court case is filed alleging non-compliance of

the directions contained in Annexure A1 judgment. After

recording the findings of the Punjab and Haryana High Court

in Civil Writ Petition No.8015/2017 dated 28.09.2017 this

Court directed as follows:-

" Having considered the contentions advanced and having seen the findings rendered, I am of the opinion that different yardsticks cannot be adopted with regard to the computation of marks since the exam was a common examination. The relief granted by the Punjab and Haryana High Court to the petitioners therein will be applicable to the petitioners also. However, the grant of the benefits to the petitioners will be subject to orders, if any, to be passed in appeal as against the said judgment. "

2. Though arguments have been urged taking contentions that an

appeal had been preferred against the judgment of the learned

Single Judge in the Punjab and Haryana High Court, it is

admitted that there is no stay of the directions of the said

court, in the appeal.

Cont.Case.(C).No.162/21

3. An affidavit dated 12.8.2021 has now been placed on record in

the Contempt of Court Case. It is stated at paragraphs 3 and

4 as follows:-

"3. It is humbly submitted that, in such circumstance, the respondent organization has taken immediate steps to implement the directions for revised process of publication of result set by the Hon'ble Punjab and Haryana High Court in WPC No 8015/2017 to comply with the Judgment of this Hon'ble Court in WPC No. 11673/2021 . In pursuance of the same,, we have complied all directions as laid down in 11673/2017 as follows :- a. A notice published in the website of organization after approval from the concerned inviting counter objections to the objections already accepted by the experts in the Eligibility test held on 18.12.2016. True copy of the proof copy of Notice dated 05.08.2021 from the Examination Unit, HRDG, CSIR is produced herewith and marked as Annexure R1(b) b. Emailed all 23315 candidate regarding the notice for the time bound counter response.

c. Paper setters also submitted their comments on demand.

d. All valid objections sorted out from almost 300 total responses validly received were submitted to the independent experts along with response of paper setters for their assessment and opinion on 09.08.2021. The above petitioner has also responded with counter objections.

e. We received the comments from experts on 11.08.2021 and on the basis of those opinion, the results published on 23.03.2017 remains Cont.Case.(C).No.162/21

unchanged and the notice for the same was published on 11.08.2021 on the website. True copy of the relevant part of the comments of independent experts regarding the objected questions is produced herewith and marked as Annexure R1(c).True copy of proof copy of notice dated 11.08.2021 from the Examination Unit , HRDG , CSIR is produced herewith and marked as Annexure R1(d).

4. It is submitted that the judgment of this Hon'ble court was executed effectively by undertaking the revised process of publication as laid down in CWP No. 8015/2017 of the Hon'ble Punjab & Haryana High Court complying all directions set in that judgment which is given as a to e above for the information."

4. In the above view of the matter and in view of the contentions

raised in the affidavit that appropriate steps have been taken

to comply the directions contained in the judgment, this

Contempt of Court Case is closed, without prejudice to the

contentions of the parties.

sd/-

Anu Sivaraman, Judge

sj Cont.Case.(C).No.162/21

APPENDIX OF CON.CASE(C) 162/2021

PETITIONER ANNEXURE

ANNEXURE I CERTIFIED COPY OF THE JUDGMENT DATED 20.2.2020 IN WP(C) NO.11673/2017-H OF THIS HON'BLE COURT.

ANNEXURE II TRUE COPY OF THE FORWARDING LETTER DATED 6.12.2020 SUBMITTED BY THE 1ST PETITIONER BEFORE THE RESPONDENTS.