K.Mahadevi v. Shree Venkatapriya Ias And 3 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.11.2023

CORAM:

THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN and THE HONOURABLE MR. JUSTICE K.RAJASEKAR K. Mahadevi Petitioner v Tmt. Shree Venkatapriya, I.A.S.

Principal Secretary / Chairman Teachers Recruitment Board College Road, Chennai 600 006 Ms. Usharani Director (School Education) Teachers Recruitment Board College Road, Chennai 600 006 Mr. Palanisamy Member Secretary Teachers Recruitment Board College Road, Chennai 600 006 Mr. D. Manikandan, I.A.S.

Joint Secretary Department of School Education Secretariat, Chennai 600 009 Respondents Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, seeking to punish the respondents for wilful disobedience of the order dated 26.04.2023 passed in W.A. No.970 of 2023. 1/4

For petitioner Mr. V.T. Narendiran For RR 1 to 3 Mr. R. Neelakandan Addl. Adv. General assisted by Mr. K. Sathish Kumar For R4 Ms. R.L. Karthika

ORDER

(made by S. VAIDYANATHAN, J.) This contempt petition is filed alleging noncompliance of the order dated 26.04.2023 passed by this Court in W.A. No.970 of 2023. Today, when this contempt petition was taken up for hearing, Mr.R. Neelakandan, learned Additional Advocate General, assisted by Mr.K.Sathish Kumar, learned Standing Counsel for the Teachers Recruitment Board, produced before this Court the status report dated 03.11.2023 filed by the respondents 1 to 3 and submitted that there are eight vacancies available. The relevant paragraph from the status report dated 03.11.2023 is usefully extracted below:

"9.

It is submitted that the vacancy details for the subject History obtained from the User Department (Directorate of School Education) vide letter Na.Ka.No.044052/W3/C2/2023 dated 01.11.2023 is as follows:

Out of a total of 130 vacancies for the subject History for the year 2020-21 and 2022-23; only 122 candidates were shortlisted and the appointment orders were issued in October 2022. Therefore, as of now, it 2/4

is informed that for the year 2023-24, there are 8 vacancies for the post of Post Graduate Teacher for the subject History."

Further, he produced a copy of the communication dated 01.11.2023 addressed by the Director of School Education to the Principal Secretary, School Education Department, wherein also, it is stated that 8 vacancies have been identified for the year 2023-24 for the post of Post Graduate Teacher for History.

Mr. A. Selvendran, learned Special Government Pleader appearing for the fourth respondent submitted that since vacancies are available, the petitioner would be appointed. In the light of the status report and the submissions of the learned Additional Advocate General and the learned Special Government Pleader, this contempt petition stands closed. It is made clear that in case, the petitioner is not appointed notwithstanding the averment in paragraph 9 of the status report and also the assurance given by the learned Additional Advocate General and the learned Special Government Pleader, it is open for the petitioner to re-open this contempt petition. (S.V.N., J.) (K.R.S., J.) 21.11.2023 cad 3/4

S. VAIDYANATHAN, J.

and K. RAJASEKAR., J.

cad ` 21.11.2023 4/4