Kerala High Court
C.V.Bindu Aged 38 Years vs H.Sajith on 18 September, 2015
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALAAT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 8TH DAYOF MARCH 2016/18TH PHALGUNA, 1937
Con.Case(C).No. 1663 of 2015 (S) IN WP(C).27414/2015
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AGAINST THE ORDER IN WP(C) 27414/2015 of HIGH COURT OF KERALA
DATED 18-09-2015
PETITIONER:
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C.V.BINDU AGED 38 YEARS
W/O.SASIKUMAR, HIGH SCHOOL ASSITANT (ENGLISH)
C.A. HIGHER SECONDARY SCHOOL, PERUVAMBA,
PALAKKAD DISTRICT.
BY ADV. DR.GEORGE ABRAHAM
RESPONDENT/1ST RESPONDENT:
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H.SAJITH
MANAGER, C.A.HIGHER SECONDARY SCHOOL, PERUVAMBA
PALAKKAD DISTRICT 678 531.
ADDL.R2 IMPLEADED:
ADDL.R2: DISTRICT EDUCATIONAL OFFICER,
PALAKKAD.
(ADDL.R2 IS IMPLEADED AS PER ORDER DATED 23.11.2015 IN COC.1663/15)
R1 BY ADV. SRI.P.GOPAL
SRI.V.A.MUHAMMED
R2 BY GOVERNMENT PLEADER SMT.ROSE MICHAEL
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON
08-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case(C).No. 1663 of 2015
APPENDIX IN COC.1663/2015
PETITIONER'S ANNEXURES:
ANNEXURE A: COPY OF GOVERNMENT ORDER DT.7.6.2014.
ANNEXURE B: COPY OF JUDGMENT IN W.P.(C)No.2620/14
ANNEXURE C: COPY OF COMMUNICATION DT.31.8.15 ISSUED BY THE MANAGER.
ANNEXURE D: COPY OF DEGREE CERTIFICATEAWARDED BY THE MANAGER.
ANNEXURE E: COPY OF PROVISIONAL DEGREE CERTIFICATE ISSUED BY ANNAMALAI
UNIVERSITY.
ANNEXURE F: COPY OF PROVISIONAL CERTIFICATE IN B.ED. ISSUED BY THE
UNIVERSITY OF CALICUT.
ANNEXURE G: COPY OF B.ED. DEGREE CERTIFICATE ISSUED BY THE INDIRA GANDHI
UNIVERSITY.
ANNEXURE H: COPY OF INTERIM ORDER PASSED BY THIS COURT IN W.P.(C)
No.27414/15
RESPONDENTS' ANNEXURE:
ANNEXURE R2(A): COPY OF STAY ORDER DT.14.12.2015.
TRUE COPY
P.S.TO JUDGE
dsn
ANIL K.NARENDRAN, J.
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Con.Case (C).No.1663 of 2015
in
W.P.(C)No.27414 of 2015
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Dated this the 8th day of March, 2016
JUDGMENT
This Contempt of Court Case is filed seeking an order to initiate contempt of court proceedings against the respondent-Manager, for wilful disobedience of the interim order dated 18-09-2015 in W.P(C). No.27414/2015.
2. On 23.11.2015, this Court passed the following order:
"2. In Para.2 of the contempt of court case, the petitioner has stated that, she has passed B.Ed degree in Natural Science as well as in English. In order to substantiate the aforesaid contention, the petitioner has produced Annexure F and Annexure G certificates. Annexure G certificate is one dated 01- 03-2010 issued by the Indira Gandhi National Open University (IGNOU). In W.P(C).No.27414/2015 the specified stand taken by the petitioner is that she acquired B.Ed degree from Calicut University. A reading of G.O.(P).No.94/2009/G.Edn dated 28-
03-2009 would show that, the eligibility for admission to B.Ed degree course conducted by IGNOU is restricted to in-service candidates with Bachelor or higher degree from recognised University and two years full time regular teaching experience. It was taking note of the aforesaid qualification for admission to B.Ed Course stipulated by IGNOU, the Kerala Public Service Commission advised the Government to prescribe the B.Ed degree awarded by IGNOU as an alternate qualification for appointment to the post of teachers. However, the petitioner was not an in-service candidate with two years full time regular teaching experience as on 2009, when she secured admission Con.Case (C).No.1663 of 2015 2 for B.Ed course in IGNOU. Therefore, the question is whether the admission secured by the petitioner to B.Ed course of IGNOU is vitiated by fraud or misrepresentation.
3. The District Educational Officer, Palakkad is suo moto impleaded as Additional second respondent in this Con.Case, for the limited purpose to make available through the learned Government Pleader, the files relating to the approval of the appointment of the petitioner as H.S.A (English) in C.A.Higher Secondary School, Peruvamba in Palakkad District. The personal appearance of the additional second respondent is dispensed with. The Registry is directed to amend the cause title of the contempt of court case showing the District Educational Officer, Palakkad as additional Second respondent.
4. The learned Counsel who was representing the first respondent-Manager would submit that he has no instructions in the matter and hence notice may be issued to the Manager. Issue urgent notice by speed post to the 1st respondent, returnable within two weeks. Personal appearance of the first respondent-Manager is dispensed with, for the time being.
5. The learned Government Pleader shall make available the relevant files on the next posting date."
3. Subsequent to the aforesaid order, operation and implementation of interim order dated 18.9.2015 in W.P.(C) No.27414/2015 was stayed by the Division Bench of this Court by its order dated 14.12.2015 in W.A.No.2614/2015 filed by the Manager of C.A. Higher Secondary School, Peruvamba.
4. Today, when the Contempt of Court Case was taken up for further consideration, the learned Government Pleader made available the establishment file in relation to the approval of appointment of the petitioner.
Con.Case (C).No.1663 of 2015 3
In view of the interim order of stay passed by the Division Bench of this Court in W.A.No.2614/2015, I find absolutely no grounds to proceed with this Contempt of Court Case and the same is closed. Since the Contempt of Court Case is closed, taking note of the pendency of W.A.No.2614/2015, the establishment file is returned to the learned Government Pleader.
Sd/-
ANIL K.NARENDRAN JUDGE dsn True copy P.S.to Judge