Kerala High Court
Dr. Sony. N vs Sri..Saju George on 25 November, 2025
Author: Anil K.Narendran
Bench: Anil K.Narendran
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Con.Case(C)No.2446 of 2025
2025:KER:89974
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
TUESDAY, THE 25TH DAY OF NOVEMBER 2025 / 4TH AGRAHAYANA, 1947
CON.CASE(C) NO. 2446 OF 2025
AGAINST THE JUDGMENT DATED 21.03.2025 IN OP(KAT) NO.470 OF
2024 OF HIGH COURT OF KERALA
PETITIONERS/PETITIONERS 1 TO 8 IN OP(KAT):
1 DR. SONY. N,
AGED 37 YEARS
D/O SASEEDHARAN N, WORKING AS ASSISTANT PROFESSOR IN
MATERIA MEDICA, GOVT HOMOEOPATHIC MEDICAL
COLLEGE,KARAPARAMBA, KOZHIKODE, RESIDING AT NANNATT
HOUSE, KARANGARA, MANNUR, KOZHIKODE, PIN - 673328
2 DR. APARNA S. KUNNUMMEL,
AGED 35 YEARS
D/O SASIDHARAN K.R., WORKING AS ASSISTANT PROFESSOR IN
CASE TAKING AND REPERTORISATION, GOVT HOMOEOPATHIC
MEDICAL COLLEGE, ATTUKAL, THIRUVANANTHAPURAM 695009
RESIDING AT KUNNUMMEL PARAMBIL,THATHAMPALLY P.O.,
ALAPPUZHA, PIN - 688013
3 DR. BINJU A. MURALI,
AGED 37 YEARS
D/O A. MURALEEDHARAN, WORKING AS ASSISTANT PROFESSOR
IN MATERIA MEDICA, GOVT HOMOEOPATHIC MEDICAL COLLEGE,
ATTUKAL, THIRUVANANTHAPURAM RESIDING AT SAFALYAM,
KAITHAKUZHY, VELICHIKKALA P.O., KOLLAM, PIN - 691573
4 DR. JITHIN RAJAN,
AGED 37 YEARS
S/O K. RAJAN, WORKING AS ASSISTANT PROFESSOR IN
MATERIA MEDICA, GOVT HOMOEOPATHIC MEDICAL COLLEGE,
ATTUKAL, THIRUVANANTHAPURAM RESIDING AT SIVANANDANAN,
EDAMONNILA, NAVAIKULAM, VETTIYARA P.O.,
THIRUVANANTHAPURAM, PIN - 695603
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Con.Case(C)No.2446 of 2025
2025:KER:89974
5 DR. TINU REGINA. B.J., AGED 40 YEARS
D/O B.J. JOSEPH, WORKING AS ASSISTANT PROFESSOR IN
CASE TAKING AND REPERTORISATION, GOVT HOMOEOPATHIC
MEDICAL COLLEGE, ATTUKAL, THIRUVANANTHAPURAM RESIDING
AT ANTHIKKAT HOUSE, ASHOKA ROAD, ERNAKULAM, PIN -
682017
6 DR. MUNSHID N T,AGED 39 YEARS
S/O ABDURAHIMAN. N.T., WORKING AS ASSISTANT PROFESSOR
IN CASE TAKING AND REPERTORISATION, GOVT HOMOEOPATHIC
MEDICAL COLLEGE, KARAPARAMBA, KOZHIKODE RESIDING AT
KARUTHEDATH (H), MUKKOM, CHENNAMANGALLUR, KOZHIKODE,
PIN - 673602
7 DR. JOSEPH T. KARIYIL, AGED 34 YEARS
S/O THOMAS J, WORKING AS ASSISTANT PROFESSOR IN
PRACTICE OF MEDICINE, GOVT HOMOEOPATHIC MEDICAL
COLLEGE, ATTUKAL, THIRUVANANTHAPURAM RESIDING AT
KARIYIL HOUSE, VAZHAKKALA, KAKKANAD, ERNAKULAM, PIN -
682030
8 DR. AJEESHA VASUDEVAN, AGED 35 YEARS
D/O M.K. VASUDEVAN, WORKING AS ASSISTANT PROFESSOR IN
PHYSIOLOGY AND BIOCHEMISTRY, GOVT HOMOEOPATHIC MEDICAL
COLLEGE, ATTUKAL, THIRUVANANTHAPURAM RESIDING AT AJINI
NIVAS, CHOORALLUR, THEKKEKARA, ALAPPUZHA, PIN - 690017
BY ADVS.
SHRI.JIJUMON H.
SMT.ARSHA SATHEESAN
RESPONDENT/1ST RESPONDENT IN OP(KAT):
SRI.SAJU GEORGE, (AGE AND FATHER'S NAME NOT KNOWN TO
THE PETITIONER) SECRETARY, KERALA PUBLIC SERVICE
COMMISSION THULASI HILLS, PATTOM PALACE P.O.
THIRUVANANTHAPURAM, PIN - 695004
SRI.P.C SASIDHARAN, SC, KPSC
THIS CONTEMPT OF COURT CASE (CIVIL) WAS FINALLY HEARD ON
18.11.2025, THE COURT ON 25.11.2025 PASSED THE FOLLOWING:
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Con.Case(C)No.2446 of 2025
2025:KER:89974
JUDGMENT
Muralee Krishna, J.
This Contempt Case (Civil) is filed by the petitioners alleging wilful disobedience of Annexure A1 judgment dated 21.03.2025 of a Division Bench of this Court in O.P. (KAT) No.470 of 2024, whereby that original petition was allowed by setting aside the order of the Kerala Administrative Tribunal, Thiruvananthapuram (the 'Tribunal' in short), dated 23.10.2024 in O.A.No.1638 of 2024 and the erratum notification dated 16.11.2023, which was under
challenge in that O.A. By Annexure A1 judgment, the Division Bench directed the 1st respondent in the original petition, namely, the Kerala Public Service Commission ('PSC', in short), to proceed with the original notification issued on 16.08.2023 and conclude the recruitment process.
2. Challenging Annexure A1 judgment, some of the respondents in those original petitions filed S.L.P.(C) No.17152 of 2025 and the PSC filed S.L.P.(C) No.18971 of 2025 before the Apex Court. By Annexure A2 order dated 21.04.2025, the Apex Court did not stay Annexure A1 judgment of this Court. Instead, it was directed that the pendency of the S.L.Ps shall not come in 4 Con.Case(C)No.2446 of 2025 2025:KER:89974 the way of the selection and appointment process, which shall, however, be subject to the outcome of the said petition. According to the petitioners, since the Apex Court did not stay the operation of Annexure A1 judgment, it continues to operate and remains binding on the respondents. On 27.09.2025, the respondent herein issued Annexure A3 series ranked list for category Nos.168/2023 to 178/2023, without complying with directions in Annexure A1 judgment. The action of the respondent is a wilful disobedience of the binding directions in Annexure A1 judgment.
3. On 17.10.2025, when this contempt case came up for consideration, this Court noticed that against Annexure A3 series-
ranked list published by the PSC, the petitioners filed O.A.No.1680 of 2025 before the Tribunal in which the Tribunal passed Annexure A4 order dated 29.09.2025, which reads thus:
"The learned counsel for the PSC shall get instructions as to whether Annexure A5 series of rank list are published in tune with the directions contained in Annexure A3 judgment. The applicants claim that the rank lists are published on the basis of the erratum notification despite Annexure A3 judgment setting aside the same and the Hon'ble Supreme Court has not granted any stay. Post on 06.10.2025.
In the meanwhile, no advice shall be issued from Annexure 5 Con.Case(C)No.2446 of 2025 2025:KER:89974 A5 series of rank list."
4. On 17.10.2025, the learned counsel for the petitioners sought time to address arguments as to whether the petitioners can file this contempt case, during the pendency of O.A.No.1680 of 2025 before the Tribunal, in which the contention of the petitioners that the ranked lists published by the PSC are not in tune with the directions contained in Annexure A1 judgment of this Court dated 21.03.2025 in O.P.(KAT)No.470 of 2024 is under consideration.
5. Heard the learned counsel for the petitioners and the learned Standing Counsel for the PSC.
6. The learned counsel for the petitioners argued that since the Apex Court did not stay the operation of Annexure A1 judgment, the issuance of Annexure A3 series ranked list by the respondent is a civil contempt. Filing of O.A. No.1680 of 2025 against Annexure A3 series ranked list pertains to a different cause of action, and the same will not absolve the liability of the respondent.
7. On the other hand, the learned Standing Counsel for the PSC would submit that Annexure A3 series ranked list was 6 Con.Case(C)No.2446 of 2025 2025:KER:89974 published by the PSC in view of Annexure A2 order of the Apex Court, and there is no civil contempt committed by the respondent.
8. From the materials placed on record and the submissions made at the Bar, we notice that Annexure A1 judgment of this Court is under challenge before the Apex Court in two special leave petitions, one filed by some of the respondents in the original petition and another by the PSC. Though the operation of Annexure A1 was not stayed by the Apex Court, it is held by the Apex Court that the selection process and the appointment will be subject to the outcome of the SLP. In such circumstances, Annexure A3 series ranked list issued by the PSC will be subject to the result of the SLPs pending before the Apex Court. Moreover, the petitioners have now filed another original application as O.A. No.1680 of 2025 before the Tribunal, challenging Annexure A3 series ranked lists.
Having considered the pleadings and materials placed on record and the submissions made at the Bar, especially the order of the Apex Court in Annexure A2 proceedings dated 21.04.2025, we find no ground to hold that the petitioners have made out a 7 Con.Case(C)No.2446 of 2025 2025:KER:89974 prima facie case of contempt by the respondent.
In the result, this contempt case stands closed.
Sd/-
ANIL K.NARENDRAN, JUDGE Sd/-
sks MURALEE KRISHNA S., JUDGE 8 Con.Case(C)No.2446 of 2025 2025:KER:89974 APPENDIX OF CON.CASE(C) 2446/2025 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE JUDGMENT OF HON'BLE
KERALA HIGH COURT IN O.P. (KAT) NOS. 496/2024 & 470/2024 DECIDED ON 21.03.2025.
Annexure A2 THE TRUE COPY OF THE RECORD OF PROCEEDINGS DATED 21-04-2025 ISSUED BY HON'BLE SUPREME COURT OF INDIA IN SPECIAL LEAVE PETITION (CIVIL) DIARY NO(S).17656/2025.
Annexure A2(a) THE TRUE COPY OF THE RECORD OF PROCEEDINGS DATED 18-07-2025 ISSUED BY HON'BLE SUPREME COURT OF INDIA IN SPECIAL LEAVE TO APPEAL (C) NO(S). 17152/2025.
Annexure A2(b) THE TRUE COPY OF THE RECORD OF PROCEEDINGS DATED 25-07-2025 ISSUED BY HON'BLE SUPREME COURT OF INDIA IN SPECIAL LEAVE TO APPEAL (C) NO. 18971/2025.
Annexure A2(c) THE TRUE COPY OF THE RECORD OF PROCEEDINGS DATED 19-08-2025 ISSUED BY HON'BLE SUPREME COURT OF INDIA IN SPECIAL LEAVE TO APPEAL (C) NO(S). 17152/2025.
Annexure A2(d) THE TRUE COPY OF THE RECORD OF PROCEEDINGS DATED 26-09-2025 ISSUED BY HON'BLE SUPREME COURT OF INDIA IN SPECIAL LEAVE TO APPEAL (C) NO(S). 17152/2025.
Annexure A2(e) THE TRUE COPY OF THE RECORD OF PROCEEDINGS DATED 07-10-2025 ISSUED BY HON'BLE SUPREME COURT OF INDIA IN SPECIAL LEAVE TO APPEAL (C) NO(S). 17152/2025.
Annexure A3 THE TRUE COPY OF THE RANKED LIST NO.
772/2025/SSVI IN CATEGORY NO. 168/2023 BROUGHT INTO FORCE WITH EFFECT FROM 27.09.2025 FOR THE POST OF ASSOCIATE PROFESSOR/ READER IN PRACTICE OF MEDICINE IN GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGES. Annexure A3(a) THE TRUE COPY OF THE RANKED LIST NO.
773/2025/SS VI IN CATEGORY NO. 169/2023 BROUGHT INTO FORCE WITH EFFECT FROM 27.09.2025 FOR THE POST OF ASSOCIATE PROFESSOR/ READER IN FORENSIC MEDICINE & TOXICOLOGY IN GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGES.
Annexure A3(b) THE TRUE COPY OF THE RANKED LIST NO.
774/2025/SS IV IN CATEGORY NO. 170/2023 BROUGHT INTO FORCE WITH EFFECT FROM 9 Con.Case(C)No.2446 of 2025 2025:KER:89974 27.09.2025 FOR THE POST OF ASSOCIATE PROFESSOR/ READER (OBSTETRICS & GYNAECOLOGY) IN GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGES. Annexure A3(c) THE TRUE COPY OF THE RANKED LIST NO.
775/2025/SS IV IN CATEGORY NO. 171/2023 BROUGHT INTO FORCE WITH EFFECT FROM 27.09.2025 FOR THE POST OF ASSOCIATE PROFESSOR/ READER IN CASE TAKING AND REPERTORISATION IN GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGES.
Annexure A3(d) THE TRUE COPY OF THE RANKED LIST NO.
776/2025/SS VI IN CATEGORY NO. 172/2023 BROUGHT INTO FORCE WITH EFFECT FROM 27.09.2025 FOR THE POST OF ASSOCIATE PROFESSOR/ READER IN MATERIA MEDICA IN GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGES. Annexure A3(e) THE TRUE COPY OF THE RANKED LIST NO.
777/2025/SS VII IN CATEGORY NO. 173/2023 BROUGHT INTO FORCE WITH EFFECT FROM 27.09.2025 FOR THE POST OF ASSOCIATE PROFESSOR / READER IN ORGANON OF MEDICINE AND HOMOEOPATHIC PHILOSOPHY IN GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGES.
Annexure A3(f) THE TRUE COPY OF THERANKED LIST NO.
778/2025/SS VII IN CATEGORY NO. 174/2023 BROUGHT INTO FORCE WITH EFFECT FROM 27.09.2025 FOR THE POST OF ASSOCIATE PROFESSOR/ READER IN SURGERY IN GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGES Annexure A3(g) THE TRUE COPY OF THERANKED LIST NO.
779/2025/SS VII IN CATEGORY NO. 175/2023 BROUGHT INTO FORCE WITH EFFECT FROM 27.09.2025 FOR THE POST OF ASSOCIATE PROFESSOR/ READER IN HOMOEOPATHIC PHARMACY IN GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGES Annexure A3(h) THE TRUE COPY OF THERANKED LIST NO.
780/2025/SS VII IN CATEGORY NO. 176/2023 BROUGHT INTO FORCE WITH EFFECT FROM 27.09.2025 FOR THE POST OF ASSOCIATE PROFESSOR/ READER IN ANATOMY IN GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGES Annexure A3(i) THE TRUE COPY OF THERANKED LIST NO.
781/2025/SS VII IN CATEGORY NO. 177/2023 BROUGHT INTO FORCE WITH EFFECT FROM 27.09.2025 FOR THE POST OF ASSOCIATE PROFESSOR/ READER IN PATHOLOGY & MICROBIOLOGY IN GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGES Annexure A3(j) THE TRUE COPY OF THERANKED LIST NO.
10 Con.Case(C)No.2446 of 20252025:KER:89974 782/2025/SS VI IN CATEGORY NO. 178/2023 BROUGHT INTO FORCE WITH EFFECT FROM 27.09.2025 FOR THE POST OF ASSOCIATE PROFESSOR/ READER IN PHYSIOLOGY & BIOCHEMISTRY IN GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGES Annexure A4 THE TRUE COPY OF THE ORDER DATED 29.09.2025 IN OA 1680 OF 2025 ISSUED BY HON'BLE KERALA ADMINISTRATIVE TRIBUNAL.