Madras High Court
Rajalakshmi vs Mr.K.Srinivsan on 9 April, 2025
Contempt Petition (MD)No.424 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
Contempt Petition (MD)No.424 of 2025
In
W.P.(MD)No.17522 of 2022
Rajalakshmi,
TRBLGP553312, Physics,
W/o.Dineshkumar,
No.1/291-A-11, Kaveri Street,
Anbu Nagar,
Thiruppalai,
Madurai District. Petitioner/Petitioner
Vs
1.Mr.K.Srinivsan,
The Chairman,
Teachers Recruitment Board,
4th Floor, EVK Sampath Maaligai,
DPI Complex, College Road,
Chennai.
2.Lalitha I.A.S.,
The Director,
The Department of Technical Education,
53, Sardar Patel Road,
Anna University,
Guindy, Chennai – 600 025. Contemnors/Respondents
1/11
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Contempt Petition (MD)No.424 of 2025
PRAYER: Contempt Petition is filed under Section 11 of Contempt of
Courts Act, to punish the Contemnors/ Respondents for willfully
disobeying and not complying with the order passed by this Court in
W.P(MD)No.17522 of 2022, dated 30.09.2024.
For Petitioner : Mr.S.Sivaprakash
For Respondents : Mr.V.R.Shanmuganathan
Standing Counsel
For R-1
Mr.F.Deepak
Special Government Pleader
For R-2
ORDER
This is a petition seeking initiation of contempt proceedings against
the Respondent for violation of the order, dated 30.09.2024 passed by this
Court in W.P.(MD)No.17522 of 2022.
2. Heard Mr.S.Sivaprakash, learned counsel for the Petitioner,
Mr.V.R.Shanmuganathan, learned Standing Counsel, on behalf of the 1st
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Contempt Petition (MD)No.424 of 2025
Respondent and Mr.F.Deepak, learned Special Government Pleader on
behalf of the 2nd Respondent.
2. When the matter was taken up on 07.04.2025, this Court passed the
following order:
“When the matter was taken up on 03.03.2025, this Court
passed the following order:
2. Mr.S.Sivaprakash, learned counsel for the
petitioner, submits that the petitioner was eligible
for appointment as Lecturer (Physics) in
Government Polytechnic Colleges
(Engineering/Non-Engineering) for the year
2018-2019, as per the notification dated
07.11.2019. However, the respondents failed to
appoint the petitioner to the said post without
providing any reasons, despite the petitioner
meeting the eligibility criteria as per the Teacher
Recruitment Board's rules. Aggrieved over the
same, the Petitioner has filed a Writ Petition in
W.P.(MD)No.17522 of 2022 and the learned
Single Judge of this Court vide order dated
30.09.2024 allowed the said Writ Petition. For
better appreciation, the relevant portion of the
order is reproduced below:
“12. In view of the above, the second respondent is
directed to consider the petitioner for the
appointment of Lecturer (Physics) in the
Government Polytechnic Colleges
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Contempt Petition (MD)No.424 of 2025
(Engineering/Non-Engineering) for the year
2017-2018, vide notification, dated 17.11.2019, if
otherwise eligible as per the rules and regulations
of the Teachers Recruitment Board. As per the
interim order as well as the final order of this
Court, the second respondent is also directed to
rework the list of BC category as per the seniority
in the selection list within period of 8 weeks from
the date of receipt of copy of this order, since the
petitioner was granted two marks for teaching
experience.”
3. The learned counsel for the Petitioner
further submits that despite the judgment and
order passed by this Court dated 30.09.2024 in
W.P.(MD)No.17522 of 2022, the Respondents have
not complied with the directions of this Court and
they have wilfully and deliberately flouting the
orders passed by this Court. Thus, the learned
counsel submits that the Respondents have
committed fraud upon this Court and are in
contempt. He also submits that the Respondents
may be summoned before this Court and punished
for committing contempt by exercising the powers
under Sections 11 and 12 of the Contempt of
Courts Act, 1971.
4. Upon perusing the judgment and order
passed by this Court dated 30.09.2024 in W.P.
(MD)No.17522 of 2022 as well as the affidavit
filed in support of the contempt petition, which
states that the respondents have not complied with
the orders of this Court, this Court is of the view
that the respondents appear to have wilfully and
deliberately disobeyed the order of this Court.
Consequently, this Court deems it necessary to
initiate proceedings against the respondents for
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Contempt Petition (MD)No.424 of 2025
their alleged non-compliance with the said orders.
5. Mr.V.R.Shanmuganathan, learned
st
Standing Counsel, for the 1 Respondent and
Mr.F.Deepak, learned Special Government
Pleader for the 2nd Respondent, request time to
ensure compliance with the Court's judgments
dated 30.09.2024 in W.P.(MD)No.17522 of 2022.
They also assure this Court that whatever order is
passed by this Court will be fully complied with
and requests four weeks' time to ensure
compliance with the said order.
6. In view of the assurance given by
Mr.V.R.Shanmuganathan, learned Standing
st
Counsel, for the 1 Respondent and Mr.F.Deepak,
learned Special Government Pleader for the 2nd
Respondent, this Court grants the Respondents a
final opportunity to comply with the judgment and
order of this Court dated 30.09.2024 in W.P.
(MD)No.17522 of 2022, without fail, within four
weeks from today. The Respondents are directed
to communicate the decision taken by them to the
Petitioner and to file an affidavit of compliance in
this regard within a period of four weeks from
today. Failure to comply with the said order within
the stipulated time frame will necessitate the
Respondents' personal appearance before this
Court on the next fixed date.
7 Put up this case on 07.04.2025 “For
Orders”.
8. Let a copy of this order is given to
Mr.V.R.Shanmuganathan, learned counsel and
Mr.F.Deepak, learned Special Government
Pleader for its necessary compliance and
information to the Respondents.
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Contempt Petition (MD)No.424 of 2025
3. Today, when the matter is being taken up for
arguments, in compliance with the order passed by this
Court dated 03.03.2025, one affidavit has been filed by
the 1st Respondent and one counter affidavit has been
filed by the 2nd Respondent.
4. Upon perusing the affidavits filed by the
Respondents 1 and 2, this Court is not satisfied with the
stand taken by the Respondents, as it appears that the
Respondents are merely passing the time and diluting
the orders passed by this Court. Despite the clear
directions given by this Court vide order dated
03.03.2025 in the present contempt petition and the
judgment and order passed by the Writ Court dated
30.09.2024 in W.P.(MD)No.17522 of 2022, this Court
remains unsatisfied with the explanation and affidavits
filed by the Respondents. Thus, it appears that the
Respondents are deliberately and willfully floating the
order passed by this Court, dated 03.03.2025 in the
present contempt petition as well as the judgment and
order passed by the Writ Court dated 30.09.2024 in
W.P.(MD)No.17522 of 2022.
5. Mr.F.Deepak, the learned Special Government
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Contempt Petition (MD)No.424 of 2025
Pleader, requests this Court to grant one more
opportunity to comply with the orders passed by this
Court dated 03.03.2025 in the present contempt petition
as well as the judgment and order passed by the Writ
Court dated 30.09.2024 in W.P.(MD)No.17522 of 2022.
6. On the assurance given by Mr.F.Deepak, the
learned Special Government Pleader, this court grants a
last opportunity to the Respondents to comply with the
order dated 03.03.2025 in the present contempt petition
as well as the judgment and order passed by the Writ
Court dated 30.09.2024 in W.P.(MD)No.17522 of 2022,
without fail and file an affidavit of compliance in this
regard on or before the next fixed date. Failure to
comply with the said order within the stipulated time
frame will necessitate the Respondents' personal
appearance before this Court on the next fixed date.
7. Put up this case on 09.04.2025 “For Orders”.
8. Let a copy of this order be given to
Mr.V.R.Shanmuganathan, learned Standing Counsel for
the 1st Respondent and Mr.F.Deepak, learned Special
Government Pleader for the 2nd Respondent, for its
necessary compliance and information to the
Respondents.
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Contempt Petition (MD)No.424 of 2025
2. Today, when the matter is being taken up, Mr.F.Deepak, learned
Special Government Pleader for the 2nd Respondent, produced an order
dated 08.04.2025 along with the compliance affidavit and submits that the
Respondents have fully complied with the order of this Court dated
07.04.2025 passed in the present Contempt Petition as well as the Writ
Court order dated 30.09.2024 in W.P.(MD)No.17522 of 2022. A copy of
the said order has been taken on record and furnished to the learned
counsel for the Petitioner. Therefore, he prays that the Respondents be
discharged from the contempt proceedings.
3. Mr.V.R.Shanmuganathan, learned Standing Counsel for the 1st
Respondent concurred with the submissions made by Mr.F.Deepak,
learned Special Government Pleader for the 2nd Respondent.
6. Mr.S.Sivaprakash, learned counsel for the Petitioner, submits that
he has received a copy of the order dated 08.04.2025 along with the
compliance affidavit and submits that the Respondents have fully complied
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Contempt Petition (MD)No.424 of 2025
with the order of this Court dated 07.04.2025 passed in the present
Contempt Petition as well as the Writ Court order dated 30.09.2024 in
W.P.(MD)No.17522 of 2022. The learned counsel states that he has no
objection to the Respondents being discharged from the contempt
proceedings.
7. Considering the submissions made by the learned counsel for the
Petitioner and the learned Standing Counsel for the 1st Respondent and the
learned Special Government Pleader for the 2nd Respondent, and upon
perusal of the order dated 08.04.2025 as well as paragraph nos.6 to 9 of the
compliance affidavit, this Court is satisfied that the Respondents have fully
complied with the order of this Court dated 07.04.2025 passed in the
present Contempt Petition as well as the judgment and order of the Writ
Court dated 30.09.2024 passed in W.P.(MD)No.17522 of 2022. In view of
the same, this Court deems it appropriate that no useful purpose would be
served by keeping the contempt proceedings pending. Therefore, the
Respondents are discharged from the contempt proceedings.
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Contempt Petition (MD)No.424 of 2025
8. In view of the above, the Contempt Petition is disposed of. The
file shall be consigned to record. There shall be no order as to costs.
09.04.2025
Nsr
To:
1.The Chairman,
Teachers Recruitment Board,
4th Floor, EVK Sampath Maaligai,
DPI Complex, College Road,
Chennai.
2.The Director,
The Department of Technical Education,
53, Sardar Patel Road,
Anna University,
Guindy, Chennai – 600 025.
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Contempt Petition (MD)No.424 of 2025
SHAMIM AHMED, J.
Nsr
Contempt Petition (MD)No.424 of 2025
09.04.2025
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