Madras High Court
P.Satheesh Prabu vs Ka.Balachandran on 13 April, 2022
Cont.P.No.1497/2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
Cont.P.No.1497/2021
P.Satheesh Prabu .. Petitioner
Vs.
1.Ka.Balachandran, I.A.S, Rtd,
Chairman, Tamilnadu Public Service Commission,
TNPSC Road, Chennai-3.
2.Dr.P.Krishnakumar, B.E., M.B.A.,
Member, Tamilnadu Public Service Commission,
TNPSC Road, Chennai-3.
3.A.V.Balusamy, B.Sc., B.L.,
Member, Tamilnadu Public Service Commission,
TNPSC Road, Chennai-3.
4.P.Uma Maheshwari, I.A.S.,
The Secretary to Tamilnadu Public Service Commission
TNPSC Road, Chennai-3.
5.R.Sudhan, I.A.S.,
Controller of Examinations,
Tamilnadu Public Service Commission,
TNPSC Road, Chennai-3. .. Respondents
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Cont.P.No.1497/2021
Prayer:- Contempt Petition filed under Section 11 of the Contempt of
Courts Act, 1971 to punish the respondent for the willful and deliberate
disobeyance of the orders of the judgment of this Hon'ble Court dated
05.08.2021 passed by this Hon'ble Court in W.P.No.12147/2021.
For Petitioner : Mr.N.Subramaniyan
For Respondents : Mr.Karthik Rajan,
Counsel for TNPSC
ORDER
(1) Learned counsel appearing for the respondents have produced
before this Court, the order passed by a Division Bench of this
Court in W.A.No.2292/2021 on 07.09.2021 wherein the order
passed by this Court earlier is set aside. Learned counsel appearing
for the respondents therefore submitted that the contempt petition
cannot be pursued.
(2) However, the learned counsel appearing for the petitioner
submitted that he has filed a petition for modification.
(3) Since the petition is only for modification, this Court is of the view
that this contempt petition cannot be sustained.
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Cont.P.No.1497/2021
(4) Learned counsel appearing for the petitioner then submitted that
the order passed by this Court is in two parts, and that the order of
the Division Bench does not nullify the direction to prepare merit
list in the order of marks obtained in the written examination and
the precise reasons for rejecting the candidature of participants,
whose names are not found in the list.
(5) This Court is of the view that the 2nd part of the order regarding
preparation of merit list flows from the 1st part of the order. The
learned counsel further submitted that the petitioner has already
filed a petition for clarification of order. This Court is of the view
that a clarification or further direction may not revive the order
which is set aside the Division Bench. It is not stated that the
petitioner has filed a review application or an appeal challenging
the order passed by the Division Bench. His prayer for
modification appears to be by way of clarification and therefore,
this Court is unable to find any reason to keep the contempt
petition.
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Cont.P.No.1497/2021
(6) Accordingly, considering the facts stated by the learned counsels
on both sides this Contempt Petition is closed.
13.04.2022
cda
Internet : Yes
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Cont.P.No.1497/2021
S.S.SUNDAR, J.,
cda
To
1.Ka.Balachandran, I.A.S, Rtd,
Chairman, Tamilnadu Public Service Commission,
TNPSC Road, Chennai-3.
2.Dr.P.Krishnakumar, B.E., M.B.A.,
Member, Tamilnadu Public Service Commission,
TNPSC Road, Chennai-3.
3.A.V.Balusamy, B.Sc., B.L.,
Member, Tamilnadu Public Service Commission,
TNPSC Road, Chennai-3.
4.P.Uma Maheshwari, I.A.S.,
The Secretary to Tamilnadu Public Service Commission
TNPSC Road, Chennai-3.
5.R.Sudhan, I.A.S.,
Controller of Examinations,
Tamilnadu Public Service Commission,
TNPSC Road, Chennai-3.
Cont.P.No.1497/2021
13.04.2022
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