G.Sakthi v. Vibhu Nair Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.03.2015 CORAM :
THE HONOURABLE Mr.JUSTICE R.SUBBIAH Cont.P.No.193 of 2015 and Sub-Application No.40 of 2015 G.Sakthi ... Petitioner Vs.
1.Mr.Vibhu Nayar, Chairman, Teachers Recruitment Board, 4th Floor, E.V.K.Sampath Maligai, DPI Compound, College Road, Chennai-600 006.
2.Mr.S.Kannappan, Director of School Education, DPI Campus, Collge Road, Chennai-600 006.
... 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 23.01.2014 made in W.P.No.1793 of 2014.
For Petitioner : Mr.S.Vijayan For respondents : Mr.I.Arokiasamy, Government Advocate
ORDER
This contempt petition has been filed pursuant to the order dt 23.01.2014 passed by this Court in W.P.No.1793 of 2014, directing the Teachers Recruitment Board to work out the rank of the petitioner by providing 21 grace marks. 2.The issue involved in the contempt petition has already been considered by this Court in the connected contempt petitions in Cont.P.Nos.1198, 1263, 1688, 1724, 2905 & 3382 of 2014 along with Rev.A.Nos.35 to 38 of 2014
and on 02.03.2015, this Court has passed a common order as follows_ "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 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 of 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.
3.Following the said order, on the same terms, this contempt petition is also ordered to be closed. Consequently, connected sub-application is also closed. Ssv SD/ DEPUTY REGISTRAR(OS) //Certified to be true copy// Dated at Madras this the day of 2015. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
SS/CO/04/06/2015 One CC to Government Pleader, SR.4941 To 1.Mr.Vibhu Nayar, Chairman, Teachers Recruitment Board, 4th Floor, E.V.K.Sampath Maligai, DPI Compound, College Road, Chennai-600 006.
2.Mr.S.Kannappan, Director of School Education, DPI Campus, Collge Road, Chennai-600 006.