Madras High Court
J.Nusrath Jahan vs Mrs.M.K.C.Subhashini on 21 March, 2025
Contempt Petition(MD)No.756 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
Contempt Petition(MD)No.756 of 2022
In
W.P.(MD)Nos.11752 of 2021
J.Nusrath Jahan,
BT Assistant,
Rahmnania Higher Secondary School,
Melapalayam,
Tirunelveli District. ...Petitioner/Petitioner
Vs
1.Mrs.M.K.C.Subhashini,
The Chief Educational Officer,
Tirunelveli, Tirunelveli District.
2.C.Vasantha,
The District Educational Officer,
Tirunelveli, Tirunelveli District. ...Contemnors/Respondents 1 & 2
PRAYER: Contempt Petition is filed under Section 11 of Contempt of
Courts Act, to punish the Contemnors/ Respondents 1 & 2 for willfully
disobeying and not complying with the order passed by this Court in
W.P(MD)No.11752 of 2021, dated 23.09.2021.
1/7
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Contempt Petition(MD)No.756 of 2022
For Petitioner : Ms.Oviya,
For Mr.T.Pon Ramkumar
For Respondents : Mr.F.Deepak
Special Government Pleader
ORDER
This is a petition seeking initiation of contempt proceedings against
the Respondents for violation of the order, dated 23.09.2021 passed by this
Court in W.P.(MD)No.11752 of 2021.
2. Heard Ms.Oviya, learned counsel on behalf of Mr.T.Pon
Ramkumar, learned counsel for the Petitioner and Mr.F.Deepak, learned
Special Government Pleader, for the Respondents.
3. Ms.Oviya, learned counsel on behalf of Mr.T.Pon Ramkumar,
learned counsel for the Petitioner submits that the petitioner was appointed
as B.T.Assistant, in a sanctioned post on 04.08.2014 in the Rahmania
Higher Secondary School, Melapalayam, Tirunelveli District, which is a
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Contempt Petition(MD)No.756 of 2022
minority institution. The said Institution sent a proposal to the 2nd
Respondent for approval of appointment of the petitioner. The 2 nd
Respondent, vide proceeding dated 30.06.2021, returned the proposal on
the ground that the petitioner has not passed the Teacher Eligibility Test.
Aggrieved against the said order, the petitioner has filed a Writ Petition in
W.P.(MD)No.11752 of 2021. The learned Single Judge of this Court vide
judgment and order dated 23.09.2021 allowed the said Writ Petition. For
better appreciation, the relevant portion of the order is reproduced below:
“6. On a perusal of the records, it is seen
that, this Court in a similar circumstances, by
order dated 26.07.2018 in W.P.(MD)No.16428 of
2018, directed the respondents to award annual
increment to the teachers, who are working in the
minority institution, without passing Teacher
Eligibility Test, like petitioner. Further, both sides
admitted that the aforesaid issue is now under
reference before the Hon'ble Supreme Court in the
case of Aswini Vs. Thenappan. Therefore, subject
to the out come of the said case, the second
respondent cannot deny the relief as sought for by
the petitioner. Hence, this Court has no hesitation
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Contempt Petition(MD)No.756 of 2022
to quash the impugned order passed by the second
respondent.
7. Accordingly, the impugned order passed
by the second respondent dated 30.06.2021 is
quashed and this Writ Petition is allowed. The
respondents are directed to award annual
increments, incentive, surrender leave benefits
and other attendant benefits to the petitioner
including pay fixation and allowance from the
date of his appointment viz., 04.08.2014, without
insisting to pass in Teacher Eligibility Test,
subject to the outcome of any modification or any
order passed by the Court. No costs.”
4. Today, when the matter is being taken up, Mr.F.Deepak, learned
Special Government Pleader for the Respondents, produced an order dated
12.03.2025, passed by the District Educational Officer, Tirunelveli District
/ 2nd Respondent and submits that the Respondents have fully complied
with the Court's order dated 23.09.2021 in W.P.(MD)No.11752 of 2021, as
the entire relief claimed by the Petitioner was granted. A copy of the said
order has been taken on record and furnished to the learned counsel for the
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Contempt Petition(MD)No.756 of 2022
Petitioner. Therefore, he prays that the Respondents may be discharged
from the contempt proceedings.
5. Ms.Oviya, learned counsel on behalf of Mr.T.Pon Ramkumar,
learned counsel for the Petitioner submits that she has received the copy of
the order dated 12.03.2025 and submits that the direction issued by this
Court vide judgment and order dated 23.09.2021 in W.P.(MD)No.11752 of
2021 has been fully complied with. She further 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
Petitioner and the learned Special Government Pleader for the
Respondents, and upon perusal of the order dated 12.03.2025 passed by
the District Educational Officer, Tirunelveli District / 2nd Respondent, this
Court is satisfied that the Respondents have fully complied with the
judgment and order of this Court dated 23.09.2021 passed in
W.P.(MD)No.11752 of 2021. In view of the same, this Court deems it
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Contempt Petition(MD)No.756 of 2022
appropriate that no useful purpose would be served by keeping the
contempt proceedings pending. Therefore, the Respondents are discharged
from the contempt proceedings.
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.
21.03.2025
Index:Yes/No
Web:Yes/No
Speaking/Non Speaking
Nsr
To:
1.The Chief Educational Officer,
Tirunelveli, Tirunelveli District.
2.The District Educational Officer,
Tirunelveli, Tirunelveli District.
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Contempt Petition(MD)No.756 of 2022
SHAMIM AHMED, J.
Nsr
Contempt Petition(MD)No.756 of 2022
21.03.2025
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