Petitioners filed a Contempt Petition alleging willful disobedience of an order directing the Tamil Nadu Dr. Ambedkar Law University to conduct special examinations. The Court found the third respondent's submission on difficulty conducting special exams acceptable and absolved respondents of contempt.
Contempt petition stands closed. No costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-08-2011
CORAM
THE HON'BLE MR.JUSTICE M.JAICHANDREN
Contempt Petition No.822 of 2011
1.A.M.Amutha Ganesh 2.A.Simon Raj 3.S.Muthumali Raja 4.N.Vasanth 5.R.Venkatesh 6.V.Siva Sankari 7.A.Subbiah 8.S.Uma 9.T.Sundara Moorthy 10.R.Kalai Selvan .. Petitioners. Versus 1.Dr.V.Vijaya Kumar The Vice Chancellor The Tamil Nadu Dr.Ambedkar Law University, Poompozhil Greenways Road, Chennai-600 028. 2. Dr.D.Gopal The Registrar, The Tamil Nadu Dr.Ambedkar Law University, Poompozhil Greenways Road, Chennai-600 028.
4.Dr.A.Raghunatha Reddy The Dean, P.G.Studies, The Tamil Nadu Dr.Ambedkar Law University, Poompozhil Greenways Road, Chennai-600 028.
https://hcservices.ecourts.gov.in/hcservices/ 5.Dr.D.Sankar,
The Head of the Department, Criminal Law and Criminal Justice Administration,
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The Tamil Nadu Dr.Ambedkar Law University, Poompozhil Greenways Road, Chennai-600 028.
.. Respondents.
Prayer: Petition under Section 11 of the Contempt of Courts Act, 70/71 to punish the respondents for having committed contempt of Court for disobeying the order, dated 9.2.2011, made in Review Petition No.12 of 2011.
This contempt petition has been filed praying that this Court may be pleased to punish the respondents for having committed contempt of Court, by their willful disobedience of the order passed by this Court, on 9.2.2011, in Review Application No.12 of 2011. 2. This Court, by its order, dated 9.2.2011, in Review
Application No.12 of 2011, had directed the Tamil Nadu Dr.Ambedkar Law University to appoint an appropriate person to re-evaluate the answer papers of the failed students, who were the respondents in the review application, in the subjects concerned, as third valuation, and to award
appropriate marks to the concerned students, as per the prevailing University Regulations. This Court had also directed that the said process should be completed, within a period of ten days from the date of receipt of the said
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had submitted that even though the third valuation of the
answer papers concerned had been done, as per the directions issued by this Court, by its order, dated 9.2.2011, the results had not been published. Further, the respondents are not taking the necessary steps to conduct special examinations for the failed candidates, as directed
by this Court. As such, the respondents had willfully
violated the order passed by this Court, on 9.2.2011, in
Review Application No.12 of 2011.
respondents had submitted, on instructions, that the third
valuation, as directed by this Court, by its order, dated 9.2.2011, had been completed and the results had also been
published. It had also been submitted that, out of the ten
petitioners, four had already written the examinations, in
respect of the papers in which they had failed. Four other petitioners have already paid the examination fees for the
semester examinations to be conducted in the month of
December, 2011.
Dr.Ambedkar University, the third respondent in the
contempt petition had appeared before this Court and had submitted that conducting special examinations for the
failed petitioners would be extremely difficult, https://hcservices.ecourts.gov.in/hcservices/ especially, in view of the fact that it would take about
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two months to get the question papers set, by the concerned
professors of law, and to make the necessary arrangements to conduct the examinations. He had also stated that the petitioners would not have any advantage by writing such specially conducted examinations. The Controller of Examinations had also submitted that the regular semester examinations would be held in the month of December, 2011,
and it would be open to the petitioners to write the
examinations, by paying the necessary fees.
respondents had also submitted that they had not committed contempt of Court, as there is no willful disobedience of
the order passed by this Court, on 9.2.2011, in Review Application No.12 of 2011. The respondents had acted in good faith, without any intention of disobeying the order
passed by this Court. It had also been submitted that the
respondents tender their apology, in case, this Court finds, for some reason, that its order, dated 9.2.2011, in
Review Application No.12 of 2011, had not been complied with in full measure. The respondents have high respect and regard for this Court and therefore, the allegations made
by the petitioner, in the present contempt petition, cannot be sustained.
counsels appearing on behalf of the petitioners, as well as https://hcservices.ecourts.gov.in/hcservices/ the respondents and in view of the records available, this
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Court is of the considered view that the respondents had not committed contempt of Court, as alleged by the petitioners in the present contempt petition. It is also found that the submissions made by the Controller of Examinations, the third respondent herein, with regard to the conducting of special examinations, are found to be acceptable. In such circumstances, as no further orders are necessary, the contempt petition stands closed. No costs. csh SD/DEPUTY REGISTRAR (OS) //Certified to be true copy// Dated at Madras this the day of 2011. COURT OFFICER (O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the orders/judgments/Decrees in this format. KS(CO) SMV/29/08/2011
1 issue framed by the court
Whether the respondents committed contempt of court by failing to conduct special examinations for failed students as per the earlier order of this Court.
1.A.M.Amutha Ganesh 2.A.Simon Raj 3.S.Muthumali Raja 4.N.Vasanth 5.R.Venkatesh 6.V.Siva Sankari 7.A.Subbiah 8.S.Uma 9.T.Sundara Moorthy 10.R.Kalai Selvan
1.Dr.V.Vijaya Kumar The Vice Chancellor The Tamil Nadu Dr.Ambedkar Law University
2.Dr.D.Gopal The Registrar of the Tamil Nadu Dr.Ambedkar Law University
3.Dr.J.Vincent Comraj The Controller of Examinations The Tamil Nadu Dr.Ambedkar Law University
4.Dr.A.Raghunatha Reddy The Dean P.G.Studies The Tamil Nadu Dr.Ambedkar Law University
5.Dr.D.Sankar The Head of the Department Criminal Law and Criminal Justice Administration
M. Jaichandren
As recorded by the court registry
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