R.Jesline Amala Rani, v. Dr.S.Santhosh Baboo,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2020
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Cont.P.(MD)Nos.1893 and 1894 of 2019 in W.P.(MD)Nos.4276 and 4277 of 2008 R.Jeslin Amala Rani, Junior Grade Elementary Grad Teacher, St.Josephs Primary School, Manalikari - 629 164, Kanyakumari District.
... Petitioner/Petitioner in Cont.P.(MD)No.1893 of 2019 T.Mary Praba, Junior Grade Elementary Grad Teacher, St.Josephs Primary School, Manalikari - 629 164, Kanyakumari District.
... Petitioner/Petitioner in Cont.P.(MD)No.1894 of 2019 Vs 1.Dr.S.Santhosh Baboo, The Manonmaniam Sundaranar University, Rep. by its Registrar, Abishekapatti, Tirunelveli - 627 012.
2.Dr.Anil Kumar Sharma, The Regional Director, The National Council for Teacher Education, Southern Regional Committee, National Council for Teacher Education, 1st floor, CSD Building, HMT Post, Bangalore, Karnataka.
...Contemnors 5 & 6/ Respondents in both Cont.Ps.
COMMON PRAYER: Petitions filed under Section 11 of the Contempt of Courts Act, to punish respondents herein for their deliberate and willful disobedience of the order of this Court dated 19.11.2018 in W.P.(MD)Nos.4276 and 4277 of 2008 dated amounting to contempt 1/3
of Court under Article 215 of the Constitution of India read with Section 11 of the Contempt Act Courts Act, 1971. Prayer in WP(MD). 4276/ 2008 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue an appropriate writ, in the nature of a writ of certiorarified mandamus calling for the record relating to the impugned proceedings issued by the 6th respondent NCTE vide its letter in F.SRO/NCTE/2007-2008/7582 dated 7.8.2007, quash the same and further direct the 3rd respondent District Elementary Educatinal Officer to approve forthwiththe appointment of the petitioner as Elementary Grade Teacher (Junior Grade) in the 7th respondent school w.e.f.the date of her appointment viz., 2.6.2005 and disburse the grant-in-aid towards the salary and allowances from the said date. Prayer in WP(MD). 4277/ 2008 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue an appropriate writ, in the nature of a writ of certiorarified mandamus calling for the records relating to the impugned proceedings issued by the 6th respondent NCTE vide its letter in F.SRO/NCTE/2007-2008/7582 dated 7.8.2007, quash the same and further direct the 3rd respondent District Elementary Educatinal Officer to approve forthwith the appointment of the petitioner as Elementary Grade Teacher (Junior Grade) in the 7th respondent school w.e.f.the date of her appointment viz., 2.6.2005 and disburse the grant-in-aid towards the salary and allowances from the said date. (in both Cont.Ps) For Petitioner : Mr.T.Cibi Chakraborthy For Respondents : Mr.Mohammed Aaathiff Standing counsel for R1 Mr.Su.
Srinivasan for R2 COMMON ORDER The direction given by this Court to NCTE was only to take a call in the matter. The NCTE had taken a call. They have rejected the petitioner's request. The learned standing counsel appearing for NCTE is directed to furnish a copy of the order of rejection to the petitioner's counsel so that the petitioner can challenge same in the manner known to law.
2/3
2.With this liberty to the petitioner to challenge the order of rejection order dated 03.03.2020, the contempt petition is closed.
Sd/- Assistant Registrar(Crl side) // True Copy // / /2020 Sub Assistant Registrar(CS) ias To:
1.The Registrar, The Manonmaniam Sundaranar University, Abishekapatti, Tirunelveli - 627 012.
2.The Regional Director, The National Council for Teacher Education, Southern Regional Committee, National Council for Teacher Education, 1st floor, CSD Building, HMT Post, Bangalore, Karnataka.
+1 CC to M/s.M.MAHABOOB ATHIFF, Advocate ( SR-10707[F] dated 10/03/2020 ) +2 CC to M/s.SU.SRINIVASAN, Advocate ( SR-10724 & 10725[F] dated 10/03/2020 ) +1 CC to M/s.T.CIBICHAKRABORTHY, Advocate ( SR-10752[F] dated 10/03/2020 ) Cont.P.(MD)Nos.1893 and 1894 of 2019 in W.P.(MD)Nos.4276 and 4277 of 2008 09.03.2020 DB(CO) TR(19.03.2020) 3P 7C 3/3