J. Prema Anitha v. P.A.Naresh And 3 Others

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN Contempt Petition No.178 of 2025 J.Prema Anitha

...Petitioner

Vs.

1.Dr.P.A.Naresh, The Director of Elementary Education, College Road, Chennai - 600 006.

2.Paramasivam, District Educational Officer (Elementary), Virudhachalam, Cuddalore District.

3.Ramesh, Block Educational Officer, Nallur, Cuddalore District.

4.Augustine, Correspondent, Danish Mission Elementary School, Pe.Ponnerai, Pennadam, Cuddalore District.

...Respondents

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Prayer : Contempt Petition filed under Section 11 of the Contempt of Courts Act, seeking to punish the respondents for willful disobedience and noncompliance of the order passed by the Court in W.A.No.2599 of 2024 dated 29.08.2024.

For Petitioner : Mr.S.N.Ravichandran For Respondents : Mr.U.M.Ravichandran, Special Government Pleader

O R D E R

(Order of the Court was made by R.SUBRAMANIAN, J.) Complaining that there is a willful disobedience of the order of this Court made in W.A.No.2599 of 2024, the petitioner is before us. The operative portion of the order made in the said Writ Appeal is as follows:- As such, considering the facts and circumstances of the case and also in the light of the above judgment passed by a Division Bench of this Court, the appellants herein are directed to consider and pass an order of approval of the appointment made by the School Management, provided the said proposals satisfy the norms prescribed for such appointment and as per the Rules, as expeditiously as possible preferably within a period of twelve weeks from the date of receipt of a copy of this judgment, bearing in mind the aforestated judgment.

2. After the order, the District Educational Officer (Elementary 2/4

Education) has passed an order on 30.10.2024 rejecting the approval on various grounds.

3. The order of the Division Bench only directs the respondents therein to pass orders on the approval upon considering the application for approval on merits. There is no positive direction to grant approval. Therefore, the respondents are well within their rights to reject the approval even on wrong grounds, but the same will not provide a cause of action for contempt.

4. Hence, this Contempt Petition is dismissed, leaving it open to the petitioner to challenge the order of rejection by way of another Writ Petition.

(R.S.M., J.) (G.A.M., J.) 14.02.2025 dsa Index : No : No Speaking order 3/4

R.SUBRAMANIAN, J.

and G.ARUL MURUGAN, J.

dsa Contempt Petition No.178 of 2025 14.02.2025 4/4