Multiple contempt petitions challenging non-compliance of earlier directions to provide grace marks were closed after the Government Advocate submitted compliance. Pending writ appeals concerning the tentative rank list were noted, allowing petitioners new remedies post-final orders.
The present contempt petitions and review applications are closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.03.2015
CORAM :
THE HONOURABLE Mr.JUSTICE R.SUBBIAH
Cont.P.Nos.1198, 1263, 1688, 1724, 2905 & 3382 of 2014 in W.P.Nos.236, 235, 116, 1992 & 417 of 2014 & 35386 of 2013
and Review Applications Nos.35 to 38 of 2014 in
W.P.Nos.35286 to 35289 of 2013
Cont.P.1688 of 2014
S.Padmavathi
... Petitioner
Vs.
1.Tmt.D.Sabita, I.A.S., Secretary to Government, School Education Department, secretariat, Chennai-9.
3.Dr.V.C.Rameswaramurugan, Director of School Education, Chennai-6. ... Respondents
Petition filed under Section 11 of the Contempt of Court Act, 70/71 to punish the respondents for having committed contempt of Court for disobeying the order dated 31.01.2014 made in W.P.No.35286 of 2013. For Petitioner : Mr.S.Vijayan
For respondents : Mr.Roofus Abraham, Government Advocate
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COMMON ORDER
All the above contempt petitions have been filed pursuant to the orders passed by this Court in W.P.Nos.236, 235, 116, 1992 & 417 of 2014 & 35386 of 2013, dated 24.01.2014 & 31.01.2014, directing the Teachers Recruitment Board to work out the ranks of the petitioners by providing 21 grace marks. Since the said orders has not been complied with by the Board, the present contempt petitions have been filed.
2.After filing the present contempt petitions, the Teachers Recruitment Board has filed the present review applications to review the orders passed by this Court.
3.Today, when the matter is taken up for consideration, the learned Government Advocate has filed a counter and submitted that pursuant to the direction given by this Court, the Board has provided 21 grace marks to all the candidates and prepared a tentative rank list and the same has been placed before the Hon'ble Division Bench of Madurai Bench of this Court in W.A.(MD).Nos.1087 & 1090 of 2013 and in the Writ Appeals, the orders are yet to be passed. The relevant paragraph in the counter affidavit filed by the Government Advocate is extracted hereunder_
“17.It is submitted that the Board in strict compliance of orders of Hon'ble High Court has published the merit list of candidates and also the selection list was published on 03.01.2014. The Board also work out the ranking of all the candidates including the writ petitioners in the above Review Applications based on the direction of Hon'ble Madurai Bench
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of Madras High Court and the ranking of the Writ Appellants in W.A.(MD).No.1089 and 1090 of 2013 has been placed before the Hon'ble High Court of Madurai Banch. Hence, based on the interim direction granted by the Bench, Board provided 21 grace marks to all the candidates and prepared the tentative list.”
4.In my considered opinion, when the tentative list has been placed before the Division Bench in Writ Appeals, no further direction can be passed in the present contempt petitions. However, the writ petitioners are at liberty to work out their legal remedy subject to the result of the writ appeals. Hence, recording the submission made by the learned Government Advocate, the present contempt petitions are ordered to be closed. Similarly,
the present Review Applications are also closed.
02.03.2015
Index : Yes / No Internet : yes / No ssv To
1.Tmt.D.Sabita, I.A.S., Secretary to Government, School Education Department, secretariat, Chennai-9.
2.Thiru.Vibhu Nair, I.A.S., Chairman, Teachers Recruitment Board, Chennai-6.
3.Dr.V.C.Rameswaramurugan, Director of School Education, Chennai-6.
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R.SUBBIAH, J.,
ssv
Cont.P.Nos.1198, 1263, 1724, 2905, 3382 & 1688, of 2014 in W.P.Nos.236, 235, 116, 1992 & 417 of 2014 & 35386 of 2013
and
Rev.A.Nos.35 to 38 of 2014 in W.P.Nos.35286 to 35289 of 2013
02.03.2015
2 issues framed by the court
Whether to proceed with contempt petitions after compliance by the Board amidst pending writ appeals.
Whether to close the present review applications filed by the Teacher Recruitment Board.
S.Padmavathi
Tmt.D.Sabita, I.A.S.
Thiru.Vibhu Nair, I.A.S.
R.Subbiah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
