Madras High Court
Dr.R.Dominic Sahaya Rajan vs Dr.C.Poornachandran on 23 July, 2025
Contempt Petition (MD)No.1056 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
Contempt Petition (MD)No.1056 of 2021
In
W.P.(MD)No.1326 of 2014
Dr.R.Dominic Sahaya Rajan,
S/o.S.Robert Cyril,
No.482, Mudaveli,
Nagamugunthankudi Post,
Pudur Via,
Sivagangai District – 630 709. ...Petitioner/Petitioner
Vs
1.Dr.C.Poornachandran,
The Director of Collegiate Education,
Chennai – 600 006.
2.Mrs.D.Uma,
The Secretary,
Teachers Recruitment Board,
EVK Sampath Maligai,
DPI Compound,
College Road,
Chennai – 600 006.
1/15
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Contempt Petition (MD)No.1056 of 2021
3.Dr.V.C.Rameswaramurugan,
The Secretary,
Teachers Recruitment Board,
EVK Sampath Maligai,
DPI Compound,
College Road,
Chennai – 600 006. ...Contemnors/Respondents
(R-3 is impleaded vide Court Order dated 22.07.2025 in Contempt
Petition (MD)No.1056 of 2021)
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.1326 of 2014, dated 05.11.2020.
For Petitioner : Ms.Rohini
For M/s.T.Lajapathi Roy Associates
For Respondents : Mr.D.Sadiq Raja
Additional Government Pleader
For R-1
Mr.M.Ajmalkhan
Additional Advocate General
Assisted by
Mr.T.Amjadkhan
Standing Counsel
For R-2 & R-3
2/15
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Contempt Petition (MD)No.1056 of 2021
ORDER
Heard Ms.Rohini, learned counsel for M/s.T.Lajapathi Roy
Associates, appearing for the Petitioner and Mr.D.Sadiq Raja, learned
Additional Government Pleader accepts notice on behalf of the 1 st
Respondent and Mr.M.Ajmalkhan, learned Additional Advocate General,
assisted by Mr.T.Amjadkhan, learned Standing Counsel who accepts
notice on behalf of the Respondents 2 & 3. Therefore, no further notice is
required to be issued to the Respondents.
2. This Court vide order dated 22.07.2025 passed the following order
in the present Contempt Petition:
Heard Ms.Rohini, learned counsel for
M/s.T.Lajapathi Roy Associates, appearing for the
Petitioner and Mr.D.Sadiq Raja, learned Additional
Government Pleader accepts notice on behalf of the 1st
Respondent and Mr.T.Amjadkhan, learned Standing
Counsel accepts notice on behalf of the Respondents 2
& 3. Therefore, no further notice is required to be
issued to the Respondents.
2. Ms.Rohini, learned counsel for the Petitioner
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Contempt Petition (MD)No.1056 of 2021
submits that Dr.V.C.Rameswaramurugan, is now
presently serving as Secretary, Teachers Recruitment
Board, EVK Sampath Maligai, DPI Compound,
College Road, Chennai – 600 006 and she prays this
Court to permit her to implead the new incumbent as
3rd Respondent in the present Contempt Petition.
Accordingly, the learned counsel is permitted to
implead Dr.V.C.Rameswaramurugan, as Secretary,
Teachers Recruitment Board, EVK Sampath Maligai,
DPI Compound, College Road, Chennai – 600 006, as
the 3rd Respondent in this Contempt Petition.
3. This Contempt Petition has been filed for non
compliance of the judgment and order dated
05.11.2020 passed in W.P.(MD)No.1326 of 2014 and
the learned Single Judge of the Writ Court allowed the
said Writ Petition in the following terms:
“11.Accordingly, the impugned order in
O.Mu.No. 66385/T5/2013, dated 30.12.2013
passed by the 2nd respondent is set aside and
the respondents 2 and 3 are directed to
award marks for the petitioner's qualification
of Doctorate in Oceanography and for the
teaching experience with the qualification of
doctorate in Oceanography for 3 years (2010
to 2013) as per the prospectus for direct
recruitment of Assistant Professors in Tamil
Nadu Collegiate Educational Service for
Government Arts & Science Colleges – 2012
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Contempt Petition (MD)No.1056 of 2021
and consequently appoint the petitioner in
the post of Assistant Professor in Chemistry
within a period of three months from the date
of receipt of a copy of this order.
With the above direction, the writ
petition is allowed. No costs. Consequently,
connected miscellaneous petitions are
closed.”
4. Today, when the matter was taken up,
Mr.T.Amjadkhan, learned Standing Counsel for the
Teachers Recruitment Board submits that against the
judgment and order dated 05.11.2020 in W.P.(MD)No.
1326 of 2014, the Respondents have preferred Writ
Appeal bearing W.A.(MD)No.1861 of 2021 and the
Division Bench of this Court vide judgment and order
dated 06.02.2025 partly allowed the said Writ Appeal
in the following terms:
“7.The Teachers Recruitment Board has
opined that Doctorate in Oceanography is
not certified by the Competent Committee as
equivalent to Ph.D in Chemistry. However,
the certificate issued by the Registrar of
Alagappa University which is the University
which has conferred Ph.D and the Writ
Petitioner has reiterated that Ph.D in
Oceanography and the subject of research is
relevant to Chemistry. The State Government
in the counter admits that so far as M.Phil
and Ph.D degree are concerned, it is for the
concerned University has to issue
Equivalency/Relevancy Certificate and not
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Contempt Petition (MD)No.1056 of 2021
the Committee constituted for issuance of
Relevancy Certificate. Thus the issue which
centers upon is whether the Writ Petitioner is
qualified to apply for the post of Assistant
Professor is to be decided by examining the
field of topic on which the Writ Petitioner has
carried her Ph.D research. The certificate
issued by the Registrar of Alagappa
University reveals that the Writ Petitioner
had done her research on ‘’EFFECT OF
SEAGRASSES AND PLANT GROWTH
REGULATIONS ON GROWTH AND YIELD
OF WATERMELON AND CUCUMBER’’.
The Certificate further reveals that the Ph.D
studied by the Writ Petitioner involved
Analysis of Protein, Carbohydrate,
Chlorophyll, Ascorbic Acid, Thiamine, and
Nitrate which are related to Chemistry
discipline. On the face of certificate issued by
the concerned University which has
conferred Ph.D degree on the Writ
Petitioner, it is quite satisfactory that his
research work related to Ph.D in Chemistry.
However, to ensure that his research is
related to the field of Chemistry, it is suffice
to get certificate from the expert from the
concerned University which shall be based
on the opinion given by the expert in the
field. Therefore, this Court dispose of the
writ Appeal filed by the Teachers
Recruitment Board with the following
directions:
(1)the first respondent/Writ Petitioner
shall obtain Relevancy Certificate based on
the opinion of the field expert of the
concerned University.
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Contempt Petition (MD)No.1056 of 2021
(2)Expert Committee for testing
relevancy shall consist of a nominee of
Teachers Recruitment Board, nominee of
Higher Education Department and a nominee
of the concerned University.
(3)The Expert Committee to be
constituted by the Teachers Recruitment
Board within thirty days from the date of
receipt of this order.
(4)The Expert Committee shall submit
its report within thirty days from the date of
its constitution.
(5)Meanwhile, the Secretary to
Government, Higher Education
Department/the second respondent in the
appeal shall verify the vacancy position and
if there is any vacancy for the post of
Assistant Professor in Chemistry, the same
has to be intimated to the Teachers
Recruitment Board forthwith.
(6)The Chairman, Teachers Recruitment
Board on receipt of the Relevancy Certificate
from the Expert Committee and the vacancy
position from the Government shall
scrutinize the application of the Writ
Petitioner, conduct viva-voce to the Writ
Petitioner, if he is otherwise found eligible.
(7)if the Writ Petitioner found fit and
selected for the post of Assistant Professor in
Chemistry, the appointment orders shall be
passed in accordance with law and such
appointment will not enure any other benefit
of retrospective effect whatsoever, either in
respect of length of service or monetary
benefit. The above said exercise shall be
completed within a period of three months
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Contempt Petition (MD)No.1056 of 2021
from the date of submitting Relevancy
Certificate by the Writ Petitioner.
8.Accordingly, the Writ Appeal is partly
allowed with above directions. Consequently,
connected Miscellaneous Petitions are
closed. No costs.”
5. Ms.Rohini, learned counsel appearing for the
Petitioner submits that despite the judgment and order
passed by the Appellate Court dated 06.02.2025 in
W.A.(MD)No.1861 of 2021, the Respondent/Teachers
Recruitment Board has not complied with the
directions of the Appellate Court and they have wilfully
and deliberately flouting the orders passed by
Appellate Court. Thus, the learned counsel submits that
the Respondent Board is in contempt and they 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.
6. Mr.T.Amjadkhan, learned Standing Counsel,
submits that Dr.V.C.Rameswaramurugan, is the new
incumbent and the process of complying with the
Appellate Court’s order is currently underway. He
requests this Court to grant some further time to ensure
compliance with the judgment and order passed by the
Appellate Court on 06.02.2025 in W.A.(MD) No. 1861
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Contempt Petition (MD)No.1056 of 2021
of 2021.
7. When the Court posed the question to the
learned Standing Counsel for the Teachers Recruitment
Board regarding the date on which the current
incumbent, Dr.V.C.Rameswaramurugan, assumed
charge, the Standing Counsel submitted that
Dr.V.C.Rameswaramurugan took charge as Secretary
of the Teachers Recruitment Board at EVK Sampath
Maligai, DPI Compound, College Road, Chennai – 600
006, in June 2023.
8. Upon perusing the judgment and order passed
by this Court on 05.11.2020 in W.P.(MD) No. 1326 of
2014, as well as the order of the Appellate Court dated
06.02.2025 in W.A.(MD) No. 1861 of 2021, and
considering the submissions made by Mr.T.Amjadkhan,
learned Standing Counsel that the present incumbent
assumed charge only in June 2023, this Court is of the
view that the 3rd Respondent appears to have willfully
and deliberately disobeyed the order of the Appellate
Court. As the incumbent, having assumed charge in
June 2023, is well aware of the judgment and order
passed by the Appellate Court dated 06.02.2025, and in
light of the fact that the Appellate Court granted three
months' time to comply with the directions issued by the
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Contempt Petition (MD)No.1056 of 2021
Division Bench of this Court, this Court deems it
necessary to initiate proceedings against the
Respondent for their alleged non-compliance with the
said orders.
9. Accordingly, Mr.Dr.V.C.Rameswaramurugan,
Secretary, Teachers Recruitment Board, EVK Sampath
Maligai, DPI Compound, College Road, Chennai – 600
006, is directed to appear in person before this Court
on 23.07.2025 and explain why the judgment and order
passed by the Appellate Court on 06.02.2025 in W.A.
(MD) No. 1861 of 2021 has not been complied with,
and why this Court should not proceed with initiating
contempt proceedings against the Respondent Board.
10. Put up this case on 23.07.2025 “For Further
Orders” before this Court.
11. Let a copy of this order be given to
Mr.T.Amjadkhan, learned Standing Counsel and
Mr.D.Sadiq Raja, learned Additional Government
Pleader, for necessary compliance and information to
the Respondents.”
3. In compliance with the order dated 22.07.2025 passed by this
Court in the present Contempt Petition, Dr.V.C.Rameswaramurugan,
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Contempt Petition (MD)No.1056 of 2021
presently serving as the Secretary of the Teachers Recruitment Board,
EVK Sampath Maligai, DPI Compound, College Road, Chennai – 600
006, is present in person before this Court today and he has submitted a
status report, a copy of the interview committee constituted, and a copy of
the call letter sent by the Teachers Recruitment Board to the petitioner
dated 22.07.2025 before this Court, in which it has been stated that the
petitioner was called for the interview scheduled to be held on 06.08.2025,
in compliance with the judgment and order passed by the Hon’ble Division
Bench in W.A.(MD) No.1861 of 2021 dated 06.02.2025. He has also
submitted that the delay was caused due to certain paperwork.
Accordingly, he has tendered an unconditional apology before this Court
and has assured that such a lapse will not occur in the future.
4. Mr.M.Ajmalkhan, learned Additional Advocate General, assisted
by Mr.T.Amjadkhan, learned Standing Counsel for the Teachers
Recruitment Board, submits that in compliance with the order passed by
this Court dated 22.07.2025 in the present contempt petition, an Interview
Committee was constituted on the same day, and a call letter dated
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Contempt Petition (MD)No.1056 of 2021
22.07.2025 was sent by the Teachers Recruitment Board to the Petitioner.
Thus, he submits that the judgment and order passed by the Hon’ble
Division Bench in W.A.(MD) No.1861 of 2021 dated 06.02.2025 as well
as the order passed by this Court dated 22.07.2025 in the present Contempt
Petition has been duly complied with. A copy of the status report filed by
Mr.V.C.Rameswaramurugan, Secretary of the Teachers Recruitment
Board, along with the relevant orders and the call letter dated 22.07.2025,
has been taken on record and furnished to the learned counsel for the
petitioner. Therefore, he prays that the Respondents may be discharged
from the contempt proceedings and the contempt petition may be disposed
of accordingly.
5. Ms.Rohini, learned counsel for M/s.T.Lajapathi Roy Associates,
appearing for the petitioner, submits that she has received a copy of the
status report along with the order dated 22.07.2025, wherein the Teachers
Recruitment Board has sent a call letter to the petitioner to attend the
interview scheduled to be held on 06.08.2025. She further submits that
Condition Nos.6 & 7 in the judgment and order passed by the Hon’ble
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Contempt Petition (MD)No.1056 of 2021
Division Bench in W.A.(MD) No.1861 of 2021 dated 06.02.2025 has been
complied with by the respondents. She also submits that she hopes and
trusts the Petitioner will be selected for the said post, as the Petitioner
possesses the requisite qualifications. Accordingly, the learned counsel
states that she has no objection to the Respondents being discharged from
the contempt proceedings.
6. Considering the submissions made by the learned counsel for the
parties and upon perusal of the status report, along with the order dated
22.07.2025 passed by the Teachers Recruitment Board, this Court is
satisfied that the respondents have fully complied with the judgment and
order of the Hon’ble Division Bench dated 06.02.2025 passed in W.A.
(MD) No.1861 of 2021. In particular, Condition Nos.6 & 7 of the said
judgment has been duly complied with, and the petitioner has been called
to appear for the interview scheduled to be held on 06.08.2025. In view of
the same, this Court deems it appropriate that no useful purpose would be
served by keeping the contempt proceedings pending. Accordingly, the
Respondents are discharged from the contempt proceedings.
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Contempt Petition (MD)No.1056 of 2021
7. 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.
23.07.2025
NCC:yes/no
Index:yes/no
Internet:yes/no
Nsr
To:
1.The Director of Collegiate Education,
Chennai – 600 006.
2.The Secretary,
Teachers Recruitment Board,
EVK Sampath Maligai,
DPI Compound,
College Road,
Chennai – 600 006.
3.The Secretary,
Teachers Recruitment Board,
EVK Sampath Maligai,
DPI Compound,
College Road,
Chennai – 600 006.
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Contempt Petition (MD)No.1056 of 2021
SHAMIM AHMED, J.
Nsr
Contempt Petition (MD)No.1056 of 2021
23.07.2025
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