Madras High Court
Kalaiyarasi vs P.Sri Venkata Priya on 20 March, 2025
CONT.P(MD)No.620 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
CONT.P(MD) No.620 of 2025
Kalaiyarasi ... Petitioner
vs.
1.P.Sri Venkata Priya
The Chairman,
Teachers Recruitment Board,
4th Floor, EVL Sampathu Maaligai,
College Road,
Chennai 600 006.
2.S.Jayanthi
The Chairman,
Teachers Recruitment Board,
4th Floor, EVL Sampathu Maaligai,
College Road, Chennai 600 006.
(R2 has been impleaded vide
order dated 07.03.2025)
... Respondents
PRAYER: Contempt Petition filed under Section 11 of the Contempt of
Court to punish the respondents herein for the deliberate and wilful
disobedience of the order of this Court dated 30.10.2024 in W.P.(MD)
No.16925 of 2022 under Section 11 of the Contempt of Courts Act, 1971.
1/11
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CONT.P(MD)No.620 of 2025
For Petitioner :Ms.A.Amala
For Respondents :Mr.V.R.Shanmuganathan
Standing Counsel
ORDER
This Contempt Petition has been filed for non compliance of the
judgment and order passed by this Court in W.P.(MD) No.16925 of 2022,
dated 30.10.2024.
2.Heard Ms.A.Amala, learned counsel for the petitioner and
Mr.V.R.Shanmuganathan, learned Standing Counsel for the respondents.
3.This Court, vide order dated 07.03.2025, had passed the
following order:-
“Heard Ms.A.Amala, learned counsel for the Petitioner
and Mr.V.R.Shanmuganathan, learned Standing Counsel,
accepts notice on behalf of the Respondent/S.Jayandhi, who is
presently serving as the Chairman of the Teachers
Recruitment Board, 4th Floor, EVK Sampath Maaligai,
College Road, Chennai – 600 006. Therefore, no further
notice is required to be issued to the Respondent.
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2.Ms.A.Amala, learned counsel for the petitioner, submits that
the Teachers Recruitment Board of Tamil Nadu called for
application through online mode for the Direct Recruitment of
Special Teachers (Physical Education, Drawing, Music,
Sewing) in School Education and Other Departments for the
year 2012-2016 vide Notification No. 05/2017, dated
26.07.2017. The petitioner applied for the post of Drawing
teacher (Special teacher) before the closing date of
application i.e., on 18.08.2017 through Online mode.
Thereafter, the petitioner appeared for the written
examination conducted by the Respondent on 23.09.2017 and
the results were published on 14.06.2018 in their official
website, wherein, the petitioner bearing Roll No.
17ST22020254 was awarded with 48 marks. The certificate
verification list was published on 07.04.2022. To the
petitioner's sudden shock and surprise, her name was missing
in the list of candidates called for certificate verification.
Though the petitioner had secured 48 marks, her name was
not found in the list of candidates called for Certificate
Verification. The further case of the Petitioner is that one
candidate viz., S.Thamilarasan, bearing Roll No.
17ST25020572 under MBC/DNC Community, who had
secured 46 marks, which is lower than the marks of the
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petitioner was placed in Serial No.34 and called for
certificate verification on 07.04.2022. The petitioner
possesses all eligible qualification as per Notification No.
05/2017, dated 26.07.2017 and obtained sufficient marks in
the written examination. The petitioner had passed SSLC,
Government Technical Examination in Freehand Outline and
Model Drawing (Higher grade) and Technical Teachers'
Certificate Course as on 18.08.2017. Thus, she is fully
qualified with the qualification prescribed for the post of
Drawing Teachers. Since no action was taken by the
Respondents to consider the claim of the Petitioner, she filed a
Writ Petition in W.P.(MD)No.16925 of 2022 and the learned
Single Judge of this Court vide order dated 30.10.2024
allowed the aforementioned Writ Petition. For better
appreciation, the relevant portion of the order is reproduced
below:
“26. In view of the factual matrix of the case and in the
light of the order passed by this Court in similar case in
W.P(MD)No.16064 of 2023, dated 22.03.2024, the respondent
is directed to call forthwith the petitioner for certificate
verification as per Rule 8 of the Notification No.05/2017,
dated 26.07.2017. If the petitioner comes under zone of
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consideration, the respondent is directed to proceed with her
appointment.
27. In the result, the writ petition stands allowed
with the above observations and directions. No costs”
3. The learned counsel for the Petitioner submits that, in
compliance with this Court's order, the Petitioner has
submitted a fresh representation dated 06.01.2025,
accompanied by a copy of the judgment and order passed by
this Court on 30.10.2024 in W.P.(MD)No.16925 of 2022, to
the Respondent. A copy of the acknowledgement receipt is
also annexed to the paper book of the petition. The learned
counsel further submits that despite the judgment and order
passed by this Court dated 30.10.2024 in W.P.(MD)No.16925
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.
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4. Upon perusing the judgment and order passed by this
Court dated 30.10.2024 in W.P.(MD)No.16925 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 their alleged non-compliance with the said
orders.
5. Mr.V.R.Shanmuganathan, learned Standing Counsel, for the
Respondents requests time to ensure compliance with the
Court's judgments dated 30.10.2024 in W.P.(MD)No.16925 of
2022. He also assure this Court that whatever order is passed
by this Court will be fully complied with and requests 10 days
time to ensure compliance with the said order.
6. In view of the assurance given by Mr.V.R.Shanmuganathan,
learned Standing Counsel, for the Respondents, this Court
grants the Respondent/ S.Jayandhi, who is presently serving
as the Chairman of the Teachers Recruitment Board, 4th
Floor, EVK Sampath Maaligai, College Road,
Chennai – 600 006, a final opportunity to comply with the
judgment and order of this Court dated 30.10.2024 in W.P.
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(MD)No.16925 of 2022, without fail, within a period of 10
days from today. The Respondent is 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 ten
days from today. Failure to comply with the said order within
the stipulated time frame will necessitate the Respondent
personal appearance before this Court on the next fixed date.
7 Put up this case on 19.03.2025 “For Orders”.
8.Let a copy of this order is given to Mr.V.R.Shanmuganathan,
learned Standing Counsel, for its necessary compliance and
information to the Respondents.”
4.The learned counsel for the Petitioner submits that despite the
judgment and order passed by this Court in W.P.(MD)No.16925 of 2022,
dated 30.10.2024, the respondents have not complied with the directions
of the Writ Court and they have wilfully and deliberately flouting the
orders passed by this Court, dated 30.10.2024. Thus, the learned counsel
submits that the respondents should 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.
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5.Today, when the matter is taken up, Mr.V.R.Shanmuganathan,
learned Standing Counsel for the respondents, in compliance of the order
of this Court dated 07.03.2025, has filed a compliance affidavit,
annexing a copy of the proceedings issued by the Controller of
Examination, Teachers Recruitment Board, Chennai dated 18.03.2025, in
which it has been stated that the judgment and order passed in W.P.
(MD)No.16925 of 2022 dated 30.10.2024 has been complied with. The
compliance affidavit filed by the second respondent is taken on record. A
copy of the compliance affidavit and a copy of the proceedings of the
second respondent dated 18.03.2025 has been given to the learned
counsel for the petitioner. Thus, he submits that the respondents may be
discharged from the present contempt proceedings, as the judgment and
order of this Court dated 30.10.2024 has been fully complied with by the
respondents and the petitioner was also given the benefit as directed by
this Court.
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6.Ms.A.Amala, learned counsel for the petitioner submits that she
has received a copy of the compliance affidavit of the second respondent
as well as the copy of the order dated 18.03.2025. It was further
submitted that she has no objection if the respondents are discharged
from the present contempt proceedings, as the judgment and order of this
Court in W.P.(MD) No.16925 of 2022, dated 30.10.2024 has been fully
complied with and the present Contempt Petition may also be disposed
of.
7.Accordingly, in view of the submissions made by the learned
counsel for the parties, after perusal of the judgment and order passed in
W.P.(MD) No.16925 of 2022, dated 30.10.2024 and the proceedings of
the Controller of Examination, Teachers Recruitment Board, Chennai
dated 18.03.2025, this Court satisfied that the direction issued by this
Court in W.P.(MD) No.16925 of 2022, dated 30.10.2024 has been fully
complied with by the respondents and there is no justification in
continuing the present contempt proceedings against the respondents.
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8.Accordingly, the Contempt Petition is finally disposed of at this
stage and the respondents are discharged from the present contempt
proceedings. No costs. The file is consigned to record.
Index :Yes / No 20.03.2025
Internet :Yes / No
mm
To
The Chairman,
Teachers Recruitment Board,
4th Floor, EVL Sampathu Maaligai,
College Road,
Chennai 600 006.
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SHAMIM AHMED, J.
mm
20.03.2025
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