Sasiprem Anand(45/2023) v. K.Panenthra Reddy Ias And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2024

CORAM

THE HON'BLE Mr. JUSTICE R.SUBRAMANIAN and THE HON'BLE Mrs. JUSTICE N.MALA Cont.P.No.1924 of 2023 Sasiprem Anand

...Petitioner

Vs.

1.K.Panenthra Reddy, I.A.S., Additional Chief Secretary to Government, Secretariat, Chennai - 9.

2.P.Uma Maheswari, I.A.S., Tamil Nadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai - 3.

...Respondents

Petition filed under Section 11 of Contempt of Courts Act, 1971 to punish the respondents for the wilful disobedience and flagrant violation of the order passed by this Court dated 07.09.2022 passed in W.P.No.23330 of 2021.

For Petitioner ..

Mr.Karthik N.Sharma for M/s.KNS Law Chambers For Respondents ..

Mr.R.Bharanidharan, Standing Counsel for R2

ORDER

(Order of the Court was made by R.SUBRAMANIAN, J.) The contempt complained is that of the order of the Division Bench dated 07.09.2022. The operative portion of the order reads as follows:

'40. To illustrate further, if there are four posts meant for scheduled caste female candidates and while arranging the vertical reservation for Scheduled Caste, two scheduled caste female candidates find place in the said list, then those candidates would be counted towards the posts reserved for the Scheduled Caste Women and thereby remaining two vacancies for the Scheduled Caste female candidates would be filled in the order of next candidate in merit from their own category after deleting the last two male candidates from the bottom of the list of scheduled caste candidates.'

2. According to the petitioner, the exercise has not been carried out as directed by the Bench. Mr.R.Bharanidharan, learned standing counsel for Tamil Nadu Public Service Commission would submit that such exercise as directed by the Bench has been carried out and as a

result of which, four out of five petitioners were qualified and they have also been offered appointment. It is the grievance of the learned counsel for the petitioner that in the said exercise done by the Tamil Nadu Public Service Commission, there have been some irregularities and the same is not in tune with the directions of the Division Bench.

3. We do not think that we can examine the said issue in a contempt petition. So we leave it open to the petitioner to move the Court by way of fresh writ petition, if he is so advised and we close the contempt petition.

(R.S.M.J.) (N.M.J.) 27.02.2024 mmi

R.SUBRAMANIAN,J.

and N.MALA, J.

mmi Cont.P.No.1924 of 2023 27.02.2024