Friday, 17, Apr, 2026
 
 
 
Expand O P Jindal Global University
 
  
  
 
 
 

Bsd Education Society vs Ishita Roy
2025 Latest Caselaw 1814 Ker

Citation : 2025 Latest Caselaw 1814 Ker
Judgement Date : 1 August, 2025

Kerala High Court

Bsd Education Society vs Ishita Roy on 1 August, 2025

Author: Anil K.Narendran
Bench: Anil K.Narendran
                                            1




Con.Case(C)No.788 of 2025                                          2025:KER:57089

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                         PRESENT

                 THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

                                           &

                 THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.

      FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947

                            CON.CASE(C) NO. 788 OF 2025

        AGAINST THE JUDGMENT DATED 04.03.2024 IN WA NO.2536 OF 2019 OF

HIGH COURT OF KERALA


PETITIONER/APPELLANT:

              BSD EDUCATION SOCIETY,REG. NO. TVM/TC/1099/2014 OLATHANNI,
              NEYYATTINKARA, THIRUVANANTHAPURAM REP. BY ITS CHAIRMAN, W.
              SHAJI, S/O. WILSON NADAR, AGED 49 YEARS, BDS EDUCATION
              SOCIETY, NEYYATTINKARA, THIRUVANANTHAPURAM,, PIN - 695133

              BY ADVS.
              SRI.SOORAJ T.ELENJICKAL
              SMT.SUNEETHI S.
              SHRI.ATHUL ROY
              SMT.HELEN P.A.
              SHRI.INDRAJITH DILEEP
              SMT.AMALA ANNA THOTTUPURAM
              DR.S.GOPAKUMARAN NAIR (SR.)


RESPONDENT/RESPONDENT NO.2:

              ISHITA ROY (AGE AND FATHER'S NAME NOT KNOWN TO THE
              PETITIONER), THE PRINCIPAL SECRETARY, HIGHER EDUCATION
              DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN
              - 695001

              BY ADV NISHA BOSE, SENIOR GOVERNMENT PLEADER


       THIS    CONTEMPT     OF   COURT    CASE     (CIVIL)   WAS   FINALLY   HEARD   ON

16.07.2025, THE COURT ON 01.08.2025 PASSED THE FOLLOWING:
                                         2




Con.Case(C)No.788 of 2025                                2025:KER:57089


                                    JUDGMENT

Muralee Krishna, J.

This Contempt Case (Civil) is filed by the appellant in W.A.

No.2536 of 2019 on the file of this Court, under Section 12 of the

Contempt of Courts Act, 1971, alleging non-compliance of the

directions contained in the judgment dated 04.03.2024 issued by

this Court while allowing the writ appeal.

2. The petitioner filed W.P.(C)No.41845 of 2018,

challenging the Government Order by which the application filed

by the petitioner for permission to start a new Arts and Science

College in the aided sector was rejected. By the judgment dated

02.12.2019, the learned Single Judge upheld the Government

Order and dismissed the writ petition. Being aggrieved, the

petitioner filed W.A.No.2536 of 2019 and by the judgment dated

04.03.2024 a Division Bench of this Court allowed the writ appeal

directing the State Authority to pass fresh orders keeping in mind

that the object of the petitioner is to establish the College in

Neyyattinkara Taluk where the Nadar community is one of the

dominant communities and the fact that permission has been

granted to SC/ST community as per G.O.(MS)

Con.Case(C)No.788 of 2025 2025:KER:57089

No.572/2021/HEDN. It is alleging non-compliance of the said

direction by the Principal Secretary, Higher Education Department,

who was the 2nd respondent in the writ appeal, the present

contempt petition has been filed by the petitioner-appellant.

3. On 27.03.2025, when this contempt case came up for

consideration, at the request of the learned Senior Government

pleader, the case was adjourned to 10.04.2025, making it clear

that if a decision was not taken till that date, it is open to the

respondent to take the decision before the next hearing date.

4. On 10.04.2025, when this contempt case was taken up

for consideration, the learned Senior Government Pleader

submitted that the judgment of the Division Bench dated

04.03.2024 in W.A.No.2536 of 2019 was complied with and sought

time to place the said fact on record by way of an affidavit.

However, the learned Senior Counsel appearing for the petitioner

submitted that the judgment was not complied with.

5. Along with a memo dated 07.04.2025, the learned

Senior Government Pleader produced a Government Order dated

06.04.2025 bearing No. G.O.(Rt) No.441/2025/HEDN. It is stated

Con.Case(C)No.788 of 2025 2025:KER:57089

in the memo that in obedience to the directions in the judgment

in the writ appeal, the Government has issued the said Order.

6. On 09.07.2025, after hearing the arguments of the

learned Senior Counsel for the petitioner in part, this Court

directed the Registry to incorporate the Judges' papers in W.A.

No.2536 of 2019 along with this contempt case.

7. Heard the learned Senior Counsel for the petitioner-

appellant and the learned Senior Government Pleader.

8. The learned Senior Counsel addressed extensive

arguments inviting our attention to various writ petitions filed by

the petitioner before this Court seeking the relief that was finally

claimed in W.P.(C)No.41845 of 2018 and the various orders passed

by the Government in consequence to the directions issued by this

Court in those writ petitions. According to the learned Senior

Counsel, the order dated 06.04.2025 produced by the learned

Senior Government Pleader, along with the memo dated

07.04.2025, is not in consonance with the direction issued by this

Court in the judgment dated 04.03.2024 in the writ appeal. The

passing of an order not in terms of the letter and spirit of the

Con.Case(C)No.788 of 2025 2025:KER:57089

directions of this Court is a civil contempt, and hence, the

respondent may be proceeded against under the provisions of the

Contempt of Courts Act, 1971. The learned Senior Counsel relied

on the judgment of the Apex Court in Anjuman-E-Islam v.

State of Karnataka and others [(2001) 9 SCC 465] in support

of his arguments.

9. On the other hand, the learned Senior Government

Pleader would argue that by Annexure-1 judgment dated

04.03.2024 in W.A.No.2536 of 2019, this Court directed the

respondent to consider the application of the petitioner on merits

and the manner in which the said application has to be disposed

of is not stated in that judgment. It is clarified by this Court as per

Annexure 5 order dated 18.11.2024 in I.A. No. 2 of 2024 filed by

the State for extension of time to comply with the directions in the

judgment dated 04.03.2024 in W.A.No.2536 of 2019 that the

decision to start an aided college is a policy decision of the

Government. In view of that order granting extension of time, the

contempt case previously filed by the petitioner as Contempt

Case(C)No.2080 of 2024 was closed by Annexure 6 order dated

Con.Case(C)No.788 of 2025 2025:KER:57089

18.11.2024. The Government took a decision as directed in the

judgment in the writ appeal by G.O.(Rt)No.441/2025/HEDN dated

06.04.2025, and there is no prima facie case to proceed against

the respondent under the provisions of the Contempt of Courts Act

1971. In support of her arguments, the learned Senior

Government Pleader relied on the judgment of the Hon'ble Apex

Court in Prithawi Nath Ram v. State of Jharkhand [(2004) 7

SCC 261] and that of this Court in Rajappan Nair v. Stephen

Joseph [2005 (2) KLT 345].

10. The grievance of the petitioner is that, though by

Annexure-1 judgment dated 04.03.2024 in W.A. No.2536 of 2019,

this Court directed the respondent to consider the application of

the petitioner to start an aided Arts and Science College at

Neyyattinkkara Taluk, the same was rejected by the Government,

which is against the implied direction in the said judgment to allow

the application of the petitioner.

11. The issue to be considered in this contempt case is

whether the judgment dated 04.03.2024 in W.A.No. 2536 of 2019

directs the respondent to dispose of the application filed by the

Con.Case(C)No.788 of 2025 2025:KER:57089

petitioner to start an aided College of Arts and Science, in a

particular manner and whether the order dated 06.04.2025 issued

by the Government bearing No.G.O.(Rt) No.441/2025/HEDN

violates the said direction which will attract the provisions of the

Contempt of Courts Act, 1971, so as to find a prima facie case of

civil contempt against the respondent?

12. As per Section 2(a) of the Contempt of Courts Act,

1971, Contempt of Court means civil contempt or criminal

contempt. As per Section 2(b), civil contempt means willful

disobedience to judgment, decree, direction, order, writ, or other

process of a court, or the willful breach of an undertaking given to

a court. In the instant case, we are concerned about the civil

contempt, since the allegation against the respondent is that she

wilfully did not comply with the direction in the judgment of this

Court in W.A.No.2536 of 2019. Therefore, we are not entering into

the details of criminal contempt as defined under Section 2(c) of

the Act.

13. Section 12 of the Contempt of Courts Act provides for

punishment for contempt of Court. The procedure to be followed

Con.Case(C)No.788 of 2025 2025:KER:57089

when the contempt is on the face of the Supreme Court or the

High Court is provided under Section 14 of the Contempt Act.

Section 15 deals with cognisance of criminal contempt, other than

the cases covered in section 14. Section 16 speaks about the

contempt by a Judge, Magistrate or other person acting judicially.

Section 17 deals with the procedure after cognizance of a criminal

contempt under Section 15. Section 19 of the Act provides for

appeals.

14. By virtue of power under Article 215 of the Constitution

of India and Section 23 of the Contempt Act, the Kerala High

Court has framed the Contempt of Courts (High Court of Kerala)

Rules 1988, which deals with the procedural aspects. Rule 4

mentions how the parties to a contempt proceedings have to be

described. Rule 5 describes the contents of a contempt petition.

Rule 6 says that every proceeding for contempt shall be dealt with

by a Bench of not less than two Judges, and this Rule was

subsequently struck down by a Division Bench of this Court in

Jyothilal K. R., IAS and Another v. Mathai M. J. [ 2014 (1)

KLT 147]. Rule 7 deals with the procedure for the initiation of

Con.Case(C)No.788 of 2025 2025:KER:57089

suo motu proceedings, and Rule 8 deals with reference by a

Subordinate Court alleging contempt and the enquiry to be made

by the High Court before making a reference under Section 15 of

the Act about the circumstances leading to the reference. Rule 9

deals with the preliminary hearing and notice. The procedure after

issuance of notice is dealt with under rules 10 to 17. As per Rule

10, service of notice shall be effected in the manner specified in

the Rules of the High Court or in such other manner as may be

directed by the Court. Rule 12 deals with the appearance of the

respondent, and Rule 13 deals with the reply by the respondent.

Rules 14 to 17 deal with hearing, trial and execution of sentence.

15. We have perused the paper book in W.A. No.2536 of

2019 incorporated by the Registry as directed on 09.07.2025.

From the materials on record, we notice that the request for

starting an aided Arts and Science College was made by the

petitioner to the Government by Ext.P3 representation dated

08.02.2016 for the academic year 2016-2017. Seeking a direction

to the respondent to consider that representation, the petitioner

approached this Court for the first time by filing W.P.(C)No.6345

Con.Case(C)No.788 of 2025 2025:KER:57089

of 2016. By Ext.P4 judgment dated 19.02.2016, this Court

directed the Principal Secretary, Higher Education Department,

Government Secretariat to consider that representation within a

period of one month from the date of receipt of a copy of that

judgment. By Ext.P5 order dated 19.05.2016, the Government

rejected that request, holding that the Government have

examined the matter in detail in consultation with DCE and found

that there is no need to start a new aided Arts and Science College

in the proposed area as there are sufficient Arts and Science

Colleges around the proposed area.

16. Again, the petitioner approached this Court against

Ext.P5 decision by filing W.P.(C)No.18946 of 2016. By Ext.P6

judgment dated 10.08.2016, this Court allowed the writ petition

and quashed Ext.P5 order of the Government and further directed

the Government to consider Ext.P3 representation afresh with

notice to the petitioner and take appropriate decision thereon

within a period of six weeks from the date of receipt of a copy of

that judgment. Paragraphs 4 to 6 of that judgment read thus;

"4. From the materials available on record, it is not clear whether the Government have accorded sanction to any

Con.Case(C)No.788 of 2025 2025:KER:57089

community to establish a college in the aided sector without assessing the educational need of the locality. If the Government have granted permissions to establish colleges without conducting a study as to the need of the locality especially in the aided sector, the said permissions would be per se illegal. If the Government evolves a policy to grant permission to backward communities to establish colleges in the aided sector, the same can be sanctioned only in an area where there exists a need. In the circumstances, even if it is taken that the Government have accorded sanction to other organisations to establish colleges in the aided sector without conducting a study as to the need of the locality, this Court cannot direct the Government to consider the case of the petitioner without conducting a study as to the need of the locality, for, the same would amount to extension of the benefit of the illegality to the petitioner.

5. It is seen that the stand taken by the Government in Ext.P5 is that there are four colleges in the proposed area and that therefore there is no need to establish a new college in the area. Ext.P3 request submitted by the petitioner would indicate that the petitioner has sought permission to establish a college at Neyyattinkara. The specific case of the petitioner is that out of the four colleges referred to in Ext.P5, three colleges are not situated at Neyyattinkara. Ground A of the writ petition reads thus:

"A. The report of the 3rd respondent Director of collegiate education that there are four aided/Government colleges functioning around the

Con.Case(C)No.788 of 2025 2025:KER:57089

proposal area is factually incorrect and ill-conceived. Two out of the four colleges referred to in his report and extracted in Exhibit-P5, i.e. the VTM NSS College, Dhanuvachapuram and the KNM Government College, Kanjiramkulam are situated in other Assembly constituencies in the district viz., Parassala and Kovalam constituencies and the 3 rd one i.e., Christian College, Katakkada is situated in a different Taluk viz. the Nedumangad Taluk. In the Neyyattinkara Assembly constituency there is only one Arts and Science College, i.e. the Government Arts & Science College, Kulathur which cannot cater to the need of any particular backward community. Therefore Exhibit-P5 is unreasonable."

The facts pleaded in the said paragraph are not seen controverted by the Government. The report relied on by the Government to take the impugned decision is also not placed on record. Ext.P5 order does not indicate that the petitioner was heard by the Government to ascertain the place where they propose to start the college. It is thus evident that Ext.P5 decision has been taken without comprehending the exact place where the petitioner proposes to establish the college and without conducting a study as to the need of that locality. In the circumstances, I am of the view that the matter needs to be considered by the Government afresh.

6. In the result, the writ petition is allowed. Ext.P5 order is quashed and the Government is directed to consider Ext.P3 request afresh with notice to the petitioner and take

Con.Case(C)No.788 of 2025 2025:KER:57089

appropriate decision thereon, within six weeks from the date of receipt of a copy of this judgment."

17. In pursuance to Ext.P6 judgment, the Government

passed Ext.P7 order dated 11.11.2016, however, again rejecting

the request of the petitioner. In that order, it was held that one of

the prerequisites for starting a college is the ownership of 5 acres

of encumbrance-free land. The petitioner has produced only a

lease deed, and the same is just for five years. It is also stated in

that order that starting a new college under the aided sector will

put a huge financial commitment to the State, and an amount of

Rs.10 crore is the estimated financial commitment during the first

year itself.

18. The learned Senior Counsel for the petitioner, by

relying on Ext.P9 study report submitted by the Deputy Director

of Collegiate Education, submitted that Ext.P7 order does not

reflect the opinion given in Ext.P9 report correctly. To reject the

application of the petitioner, a distorted version of Ext.P9 report is

stated in Ext.P7 Government Order. Challenging Ext.P7, the

petitioner again filed W.P.(C)No.41372 of 2016. By Ext.P13

judgment dated 17.10.2017, this Court disposed of that writ

Con.Case(C)No.788 of 2025 2025:KER:57089

petition setting aside Ext.P7 and directing the Government to

consider Ext.P3 request based on Ext.P9 study report. Paragraphs

10, 11 and 12 and the last paragraph of that judgment read thus;

"10. It is distressing and disconcerting to note that the Government despite a detailed judgment at Ext.P9 has considered the matter with abject levity and without any reference to the points specifically referred to in Ext.P6. The order has also been passed after a contempt was initiated before this Court, hurriedly, in order to escape from the clutches of the contempt jurisdiction of this Court. The compliance of judgments passed by this Court is not to be confined to the time frame stipulated by this Court to arrive at a decision. When this Court passes a judgment directing consideration of an issue and also makes observations on the relevant factors to be looked into that shall be looked into scrupulously. An order passed ignoring the relevant aspects as noticed by this Court would also fall within the ambit of the definition of a deliberate contempt. A reading of Ext.P6 judgment would clearly indicate that the consideration was directed to be made on the specific education need of the area and if at all the need was absent then the rejection should have been based on that.

11. If the need existed as is now seen from Ext.P9, then the further requirements regarding ownership of land and so on and so forth could have been directed by the Government. Prima facie it has to be observed that the affiliating University does not have a condition for ownership of 5 Acres of encumbrance free land and in such circumstance it was highly improper of the Government to have declined the representation for that reason.

Con.Case(C)No.788 of 2025 2025:KER:57089

The financial implication has also not been properly quoted in the order as found from the study; and is a a blatant misrepresentation of the estimated figures which estimate has been made by a competent Officer of the Government.

12. In such circumstances, this Court would set aside Ext.P7 finding the consideration to be not in accordance with Ext.P6. A further consideration shall be made by the Government within three months based on Ext.P9 and if required a further study on the educational need with reference to the facts as noticed in Exhibit P9. Educational need shall be the consideration at the first instance and then the further issues of essential requirements and the financial viability too; the last of which is in the exclusive premise of the Government.

The writ petition is disposed of with a further direction to comply with the directions issued within a period of three months from the date of receipt of a certified copy of this judgment."

19. Subsequent to Ext.P13 judgment, a need analysis was

conducted by the Deputy Director of Collegiate Education again

and submitted Ext.P14 report dated 08.02.2018. After Ext.P14

report, the Government passed Ext.P16 order bearing

No.G.O.(Rt)No.696/2017/H.Edn dated 06.04.2018, once again

rejecting the application of the petitioner. The said report was

challenged in W.P.(C)No.41845 of 2018.

20. According to the learned Senior Counsel for the

petitioner, the Government has taken different stand on different

Con.Case(C)No.788 of 2025 2025:KER:57089

occasions in order to avoid granting permission to the petitioner

to start an Arts and Science College, especially for the benefit of

a particular backwards community. After initially holding that the

Government is intending to grant permission to start new colleges

only in the co-operative sector and not in the aided sector, a

college for SC/ST was granted by the Government. From the

judgments passed by this Court on different occasions in the writ

petitions filed by the petitioner, it is evident that the intention

behind those judgments is to grant permission to the petitioner to

start an aided college of Arts and Science.

21. The learned Senior Government Pleader at this

juncture submitted that if this Court had such an intention, the

writ petitions would have been allowed, directing the Government

to grant permission as requested in Ext.P3 application, after

completing the procedural formality. When the Government is

directed to take a proper decision, that means the decision has to

be taken after considering all the facts and circumstances, since it

is a policy decision of the Government.

22. From the materials on record, we notice that after

Con.Case(C)No.788 of 2025 2025:KER:57089

Ext.P13 judgment, the petitioner has approached this Court by

filing Contempt Case(C) No.472 of 2018. By Ext.P18 Reference

Order, the learned Single Judge referred that contempt case to the

Division Bench for consideration. However, by the judgment dated

03.12.2019, the Division Bench closed that contempt petition as

infructuous.

23. In Anjuman-E-Islam v. State of Karnataka and

others [(2001) 9 SCC 465], the request of the appellant was to

grant affiliation to the College of Education in Teachers Training

(B.Ed) to be established by the appellant therein. When

Government of Karnataka rejected the request, the appellant filed

a Writ Petition in the High Court for the issue of writ of mandamus

directing the respondents to grant affiliation to the College.

Though the Single Judge of the Karnataka High Court directed the

Government to reconsider the request of the appellant, it was

again rejected on the ground that the policy of the Government

does not permit the grant of affiliation to start any new B.Ed

college. The appellant again approached the High Court with the

second writ petition where in by observing that there had been

Con.Case(C)No.788 of 2025 2025:KER:57089

failure on the part of the Government to discharge its statutory

duties and the appellant was discriminated against when

permission was said to have been granted to several other

institutions, the High Court of Karnataka directed the Government

to consider the matter afresh. However, the request was again

rejected by the Government. This time, both the learned Single

Judge as well as the Division Bench dismissed the Writ Petition

and the appeal filed by the appellant following the earlier Division

Bench judgment of the same Court. Considering the peculiar facts

and circumstances of the case, the Apex Court allowed the appeal

filed by the appellant, and directed the Government of Karnataka

to consider and accord affiliation as claimed by the appellant at

least from the next academic year.

24. In the instant case we are on the point of Contempt if

any committed by the respondent, while passing the impugned

Ext.P16 order. The facts and circumstances of the instant case are

different from that of Anjuman-E-Islam [(2001) 9 SCC 465].

Therefore, the said decision has no application to the facts of the

case in our hand.

Con.Case(C)No.788 of 2025 2025:KER:57089

25. In Prithawi Nath Ram v. State of Jharkhand

[(2004) 7 SCC 261] the appellant filed an application under

Sections 11 and 15 of the Contempt of Courts Act, 1971 (in short

the 'Act') read with Art.215 of the Constitution of India, 1950 (in

short the 'Constitution') alleging non compliance of the directions

given by a learned Single Judge of the Patna High Court in CWJC

No.1120 of 1998 by the order dated 30.03.1999. A learned Single

Judge of the said High Court, while dealing with the application for

initiation of contempt proceedings, has passed the judgment

holding that it would not be proper to take any action for

contempt. Though learned Single Judge noticed that the scope of

consideration while dealing with an application for initiation of

contempt proceedings was confined to the question whether there

was compliance with the order or not, yet proceeded to examine

the correctness of the order and called upon the parties to satisfy

him that the direction of the kind contained in the order dated

30.03.1999 could be issued. After an in-depth analysis, the

learned Single Judge held that the directions could not have been

given and therefore there was no scope for taking any action for

Con.Case(C)No.788 of 2025 2025:KER:57089

contempt. When that judgment was challenged before the Apex

Court, it was held thus;

If any party concerned is aggrieved by the order which in its opinion is wrong or against rules or its implementation is neither practicable nor feasible, it should always either approach to the Court that passed the order or invoke jurisdiction of the Appellate Court. Rightness or wrongness of the order cannot be urged in contempt proceedings. Right or wrong the order has to be obeyed. Flouting an order of the Court would render the party liable for contempt. While dealing with an application for contempt the Court cannot traverse beyond the order, non compliance of which is alleged. In other words, it cannot say what should not have been done or what should have been done. It cannot traverse beyond the order. It cannot test correctness or otherwise of the order or give additional direction or delete any direction. That would be exercising review jurisdiction while dealing with an application for initiation of contempt proceedings. The same would be impermissible and indefensible.

(Underline Supplied)

26. In Rajappan Nair v. Stephen Joseph [2005 (2)

KLT 345], the challenge before the Division Bench of this Court

was against the further direction issued by the learned Single

Judge holding that there is no clarity in the judgment in the writ

petition. The Division Bench, by relying on Prithawi Nath Ram

Con.Case(C)No.788 of 2025 2025:KER:57089

[(2004) 7 SCC 261] held that the learned Single Judge in

contempt case can only examine as to whether the direction

already given by the learned Single Judge has been complied with

or not. In a contempt case no positive direction can be given, lest

it would be beyond the jurisdiction of contempt Court exercising

powers under Sections 11 and 12 of the Contempt of Court Act,

1971 read with Rule 6 of the Contempt of Court (High Court of

Kerala) Rules.

27. As noticed herein above, in none of the judgments

passed by this Court, the respondent was directed to consider the

application of the petitioner in a particular manner. It is true that

in the judgment dated 04.03.2024 in W.A.No.2536 of 2019, this

Court directed the Government to pass fresh orders keeping in

mind the object of the appellant is to establish the college in

Neyyattinkara Taluk, where the Nadar community is one of the

dominant communities and the fact that, permission has been

granted to SC/ST community as per G.O.(Ms)No.572/2021/HEDN.

However, in paragraphs 4 to 6 of Annexure A5 order dated

18.11.2024, the Division Bench of this Court made the following

Con.Case(C)No.788 of 2025 2025:KER:57089

observation:

"4. The learned Senior Government Pleader pointed out that the instance of Scheduled Caste/Scheduled Tribe Educational Trust cannot be ipso facto made applicable to the Appellant/Petitioner who is an educational society of the Other Backward Class and therefore, this would require a policy decision.

5. Considering that a policy decision in that regard is required and that the judgment delivered by the Division Bench did not stipulate a time period, we are of the opinion that time needs to be granted to the State to take a decision as directed by the judgment dated 4 March 2024. However, time of one year sought, according to us, is not reasonable.

6. Therefore, we allow the application for extension filed by the State and grant four months' time from today to decide the policy and consider the application of the Appellant/Petitioner. We make it clear that we have not directed as to how a decision of the Appellant/Petitioner's application is to be taken."

28. From the appreciation of the materials on record and

the arguments addressed at the Bar, we notice that in the

judgment dated 04.03.2024 in W.A.No.2536 of 2019, this Court

did not direct the Government to pass the order in the application

filed by the petitioner in a particular manner. If the intention

behind the order was to allow the application of the petitioner

Con.Case(C)No.788 of 2025 2025:KER:57089

without considering the attending circumstances, then this Court

would have made it clear in black and white that, while taking a

decision, the application of the petitioner has to be allowed. In the

absence of such a clear direction, while exercising Contempt

jurisdiction, as held in Prithawi Nath Ram [(2004) 7 SCC 261],

it is not possible for this Court to hold that the indication in the

direction issued by this Court in W.A. No.2536 of 2019 was to allow

the application of the petitioner. In such circumstances, it is only

to be held that there is no prima facie material to proceed against

the respondent under the provisions of the Contempt of Courts

Act, 1971.

In the result, this Contempt Case (Civil) stands dismissed.

However, we make it clear that we have not expressed anything

about the right of the petitioner to initiate appropriate proceedings

against Ext.P16 order, if he is otherwise entitled.

Sd/-

ANIL K.NARENDRAN, JUDGE Sd/-

sks                          MURALEE KRISHNA S., JUDGE





Con.Case(C)No.788 of 2025                                2025:KER:57089

                      APPENDIX OF CON.CASE(C) 788/2025

PETITIONER ANNEXURES

Annexure 1                  THE CERTIFIED COPY OF THE JUDGMENT DATED
                            04.03.2024 IN W.A. NO. 2536 OF 2019
Annexure 2                  TRUE COPY OF THE COVERING LETTER DATED

11.03.2024 OF THE PETITIONER ADDRESSED TO THE RESPONDENT Annexure 3 TRUE COPY OF THE ACKNOWLEDGMENT CARD ALONG WITH ENGLISH TRANSLATION Annexure 4 TRUE COPY OF THE ORDER DATED 29.08.2024 PASSED BY THIS HON'BLE COURT IN CON. CASE.(C)

Annexure 5 CERTIFIED COPY OF THE ORDER DATED 18.11.2024 IN I.A. NO. 2/2024 IN W.A. NO. 2536/2019 Annexure 6 A TRUE COPY OF THE ORDER DATED 18.11.2024 IN

 
Download the LatestLaws.com Mobile App
 
 
Latestlaws Newsletter
 

Publish Your Article

 

Campus Ambassador

 

Media Partner

 

Campus Buzz

 

LatestLaws Guest Court Correspondent

LatestLaws Guest Court Correspondent Apply Now!
 

LatestLaws.com presents: Lexidem Offline Internship Program, 2026

 

LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!

 
 

LatestLaws Partner Event : IDRC

 
 
Latestlaws Newsletter