Madras High CourtCONT P/1190/2020closed

A Subramanian v. G.Arivoli

2021-02-10Honourable Mr Justice R. Suresh Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2021

CORAM

THE HONOURABLE MR.JUSTICE R. SURESH KUMAR Mr.A.Subramanian ... Petitioner -vsMr.G.Arivoli Member Secretary Teachers' Recruitment Board, 4th Floor, EVK Sampath Maligai, DPI Compound, Nungambakkam, Chennai - 600 006.

... Respondent PRAYER : Contempt Petition filed under Section 11 of Contempt of Courts Act, 1971 to punish the respondents for willful disobedience of the orders dated 10.04.2019 of this Hon'ble Court in Writ Petition No. 18989 of 2011. For Petitioner : Mr.A.S.Palanisamy For Respondent : Mr.C.Munusamy Special Government Pleader 1/5

O R D E R

This Contempt Petition has been filed for the alleged disobedience of the orders of this Court dated 10.04.2019 made in W.P. No. 18989 of 2011.

2. In the said order, the learned Judge, in the operative portion, has directed that the respondent / Teachers' Recruitment Board may consider the claim of the petitioner for certificate verification and on being satisfied with the verification made, recommend the name to the Government for appointment as Block Resource Teacher Education in any future vacancies that may arise in any of the Districts in the State of Tamil Nadu in the petitioner's category.

3. Pursuant to the said order, the respondent / Teachers' Recruitment Board has called the petitioner for certificate verification by communication dated 31.10.2019, accordingly the petitioner attended the certificate verification, which was successfully completed by the respondent. 2/5

4. After certificate verification, since the petitioner has not been given any appointment, he filed this Contempt Petition.

5. During the pendency of the Contempt Petition, on receipt of the notice, the respondent i.e., Member (Teachers Eligibility Test) of the Teachers' Recruitment Board, Chennai - 6, has sent a communication in R.C.No.01263/C2/2019 dated 29.01.2021, informing this Court through the learned Special Government Pleader that, he will be given appointment for the future recruitment when it is called for. The relevant portion of the said communication reads thus:

"In the circumstances stated above, the request of the writ petitioner Thiru.A.Subramanian to call him for certificate verification for the post of Block Resource Teacher Educators in Zoology in the existing vacancies was complied as per the orders of Hon'ble High Court after conducting certificate verification he will be appointed for the future recruitment when called for."

6. By relying upon this communication, the learned Special Government Pleader would submit that, pursuant to the orders of this Court, 3/5

certificate verification was undertaken, where the petitioner has successfully completed the certificate verification and therefore, in view of the fact that there is no Block Resource Teacher available as of now, in the near future vacancies that arises for consideration for appointment, certainly the petitioner will be given appointment. Therefore, the said order passed by this Court dated 10.04.2019 in the Writ Petition referred to above, since has been complied with, this Contempt Petition may be disposed of, he contended.

7. I have considered the said submission made by the learned Special Government Pleader and have perused the aforesaid materials, where there has been certificate verification in November 2019, where the petitioner's certificates were verified and after having satisfied with the qualification of the petitioner, which was verified through the certificate verification, now by the latest communication dated 29.01.2021, the respondent has communicated that, after conducting certificate verification, he (petitioner) will be appointed in the future recruitment when it is called for. 4/5

8. In view of the aforesaid compliance, recording the same that the petitioner would be considered for future appointment in view of the certificate verification, which has been completed already, by which the orders of this Court since has been complied with.

9. Recording the same, this Contempt Petition is closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) vji //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

IM/19/02/2021 To The Member-Secretary Teachers' Recruitment Board, 4th Floor, EVK Sampath Maligai, DPI Compound, Nungambakkam, Chennai - 600 006.

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