Madras High Court
Raja vs J.Kumaraguruban on 22 July, 2025
CONT.P(MD)No.840 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.07.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
CONT.P(MD)No.840 of 2024
1.Raja
2.V.Andal
3.T.R.R.Paranjothi Raman
4.P.Jayanthi
5.K.Murugeswari ... Petitioners
vs.
1.J.Kumaraguruban,
Principal Secretary,
Department of School Education,
Fort St.George, Chennai – 09.
2.G.Arivoli,
Directorate of School Education,
Directorate of School Education,
Chennai -06.
3.Dr.P.A.Naresh,
Joint Director of School Education (Personnel),
Directorate of School Education,
Chennai – 06.
4.Dr.M.Arthi,
Additional Project Director II (Samagra Shiksha),
Rashtriya Madhmik Shiksha Abiyan (RMSA),
DPI Compound, College Road,
Chennai – 06. ... Respondents
PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts
Act to initiate contempt proceedings against the contemnors/respondents and
punish the contemnors/respondents for the willful disobedience of the order of
this Court in W.P.(MD)No.23865 of 2018, dated 23.12.2021.
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CONT.P(MD)No.840 of 2024
For Petitioners :Mr.S.Loius
For Respondents :Mr.D.Sadiq Raja,
Additional Government Pleader
*****
ORDER
This is a petition seeking initiation of contempt proceedings against the
respondents for violation of the order, dated 23.12.2021 passed by this Court in
W.P.(MD)No.23865 of 2018.
2.Heard Mr.S.Louis, learned Counsel for the petitioners and Mr.D.Sadiq
Raja, learned Additional Government Pleader for the respondents.
3.The Co-ordinate Bench of this Court, vide order, dated 23.12.2021 in
W.P.(MD)No.23865 of 2018, had passed the following order:-
“18. In fine, a direction is issued to the State to frame Rules as
envisaged in the above Government Order within a period of twelve
weeks from today. The Rules must contain proper protection, and
provisions for identification and absorption of those candidates who have
the necessary credentials and have been appointed in government
positions of Educator/Special Educator/Instructor for children with special
needs, by whatever name or nomenclature called, even prior to the
issuance of the aforesaid Government Order.
19. Simultaneous therewith, the petitioners' representation dated
22.09.2018 be considered, the petitioners heard and their appointments
be regularized subject to verification of their educational qualifications and
all other relevant considerations, within a period of twelve (12) weeks
from today.”
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4.The learned Counsel for the petitioners submits that despite the
judgment and order passed by this Court in W.P.(MD)No.23865 of 2018, dated
23.12.2021, the respondents have not complied with the directions of this Court
and they have wilfully and deliberately flouting the orders passed by this Court,
dated 23.12.2021. Thus, the learned Counsel submits that the respondents
should be summoned and punished for committing contempt by exercising the
powers under Sections 11 and 12 of the Contempt of Courts Act, 1971.
5.Today, when the matter is taken up, Mr.D.Sadiq Raja, learned
Additional Government Pleader, who accepted notice on behalf of the
respondents, in compliance of the order passed by this Court, dated 23.12.2021,
produced a compliance affidavit annexing an order, dated 23.10.2024, passed by
the State Project Director. The order passed by the State Project Director, dated
23.10.2024, is taken on record. A copy of the order passed by the State Project
Director has also been given to the learned Counsel for the petitioner. Thus, the
learned Additional Government Pleader submits that as the judgment and order
passed by this Court has been fully complied with by the respondents, the
respondents may be discharged from the present contempt proceedings and the
present Contempt Petition may be disposed of.
3.Mr.S.Louis, learned Counsel for the petitioners submits that he has also
received the copy of the order passed by the State Project Director, dated
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23.10.2024 and submits that the respondents had decided the representation of
the petitioners and the claim of the petitioners was rejected. He further submits
that the petitioners may be given liberty to challenge the order passed by the
State Project Director, dated 23.10.2024 before the competent Court of law.
Thus, he submits that he has no objection that the respondents may be
discharged from the present contempt proceedings and the Contempt Petition
may be disposed of.
7.After considering the arguments, as advanced by the learned Counsel
for the parties and after perusal of the order passed by this Court in W.P.(MD)No.
23865 of 2018, dated 23.12.2021 and the order passed by the State Project
Director, dated 23.10.2024, this Court is also satisfied that the respondents have
made fully complied with the directions issued by this Court and no useful
purpose will be served in continuing the present contempt proceedings any
further. Accordingly, the respondents are discharged from the present contempt
proceedings and the present Contempt Petition is disposed of with liberty to the
petitioners to challenge the order passed by the State Project Director, dated
23.10.2024, before the competent Court of law. The file is consigned to record.
No order as to costs.
Index :Yes / No 22.07.2025
NCC :Yes / No
cmr
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To
1.The Principal Secretary,
Department of School Education,
Fort St.George, Chennai – 09.
2.The Directorate of School Education,
Directorate of School Education,
Chennai -06.
3.The Joint Director of School Education (Personnel),
Directorate of School Education,
Chennai – 06.
4.The Additional Project Director II (Samagra Shiksha),
Rashtriya Madhmik Shiksha Abiyan (RMSA),
DPI Compound, College Road,
Chennai – 06.
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SHAMIM AHMED, J.
cmr
22.07.2025
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