IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 Con.Case(C).No. 34 of 2011(S) --------------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.17226/2010 Dated 07/09/2010 .................... PETITIONER(S): PETITIONER ------------------------------------------ V.MOIDUTTY, AGED 73 YEARS, THE CORPORATE MANAGER OF SCHOOLS, MUSLIM EDUCATIONAL SOCIETY, CALICUT. BY ADVS. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.JAGAN ABRAHAM GEORGE SRI.K.A.NOUSHAD SRI.P.G.PRAMOD RESPONDENT(S): 5TH, 6TH AND 7TH RESPONDENTS ------------------------------------------- 1. HAMEEDA BEGUM, AGE NOT KNOWN TO THE PETITIONER AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, THE DISTRICT EDUCATIONAL OFFICER, TIRUR - 676101. 2. GOPINATHAN M., AGE NOT KNOWN TO THE PETITIONER AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD - 678 001. 3. LALITHA.K., AGE NOT KNOWN TO THE PETITIONER AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA - 680 121. BY PUBLIC PROSECUTOR SRI. R. RENJITH FOR R1 TO R3 THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 15/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DS Con.Case(C).No. 34 of 2011(S) APPENDIX PETITIONER(S) ANNEXURES : P1: COPY OF THE INTERIM ORDER DATED 07/09/2010 IN IA NO. 12007/2010 IN W.P.NO.17226/2010 OF THIS HON'BLE COURT. P2: COPY OF THE FORWARDING LETTER DATED 09/09/2010, SUBMITTING A COPY OF ANNEXURE-A ORDER BEFORE THE 1ST RESPONDENT. P3: COPY OF THE FORWARDING LETTER DATED 13/09/2010, SUBMITTING A COPY OF ANNEXURE-A ORDER BEFORE THE 2ND RESPONDENT. P4: COPY OF THE G.O. NO. 62634/J2/10/G.EDN DATED 14/10/2010. P5: COPY OF THE PROPOSAL RESUBMITTED FOR APPROVAL WITH RESPECT TO SMT. SYAMALA E.R., H S A MATHS, ONE OF THE TEACHERS WORKING IN THE SCHOOL, ALONG WITH THE COVERING LETTER DATED 16-02-2011. P6: COPY OF THE FORWARDING LETTER, RESUBMITTING THE PROPOSAL FOR APPROVAL OF APPOINTMENT WITH REGARD TO THE OTHER TEACHER, SMT. BINDHU E.C., DRAWING TEACHER, DATED 16/02/2011. P7: COPY OF THE PROPOSAL RESUBMITTED FOR APPROVAL WITH RESPECT TO MR. TOYYIB K.A., H S A (SS), ONE OF THE TEACHERS WORKING IN MES HS PONNANI ALONG WITH THE COVERING LETTER, DATED 30/09/2010. P8: COPY OF THE PROPOSAL RESUBMITTED FOR APPROVAL WITH RESPECT TO MR. SURAJ, S., H S A (PS), ONE OF THE TEACHERS WORKING IN MES HS IRUMBILIYUM ALONG WITH THE COVERING LETTER, DATED 30/09/2010. P9: COPY OF THE FORWARDING LETTERS, RESUBMITTING THE PROPOSAL FOR APPROVAL OF APPOINTMENT WITH REGARD TO THE OTHER STAFF OF THE SCHOOLS. P10: COPY OF THE PROPOSAL RESUBMITTED FOR APPROVAL WITH RESPECT TO SMT. T.P.WAHEEDA H S A (NS), ONE OF THE TEACHERS WORKING IN MES HS MANARKAD ALONG WITH THE COVERING LETTER, DATED 28/02/2011 RESPONDENT'S ANNEXURES: R1: COPY OF G.O.(MS) NO.19/09/E.EDN. DATED 09/02/2009. /TRUE COPY/ PA TO JUDGE DS K.T.SANKARAN, J. - - - - - - - - - - - - - - - - - - - - - - Cont. Case (Civil) NO. 34 OF 2011 - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of November, 2011 O R D E R The petitioner was constrained to file the Contempt Case alleging non compliance of the interim order passed by this Court on 07/09/2010 in W.P.(C) No.17226/2010. 2. Interim order passed by this Court was in tune with G.O.(P) No.10/10/G.Edn dated 12-01-2010 (the validity of which was challenged in the Original Petition), however, subject to the result of the Writ Petition. The interim direction was to approve the appointments made by the Manager, on condition that the Manager should comply with G.O.(P) No.10/10/G.Edn dated 12-01-2010. 3. In spite of the directions and in spite of the fact that contempt case was filed on 07-01-2011, C.O.C.No.34/2011 :- 2 :- respondents 1 and 2 thought it fit to comply with the directions only when personal appearance on 17-11-2011 was insisted. Any how, though belatedly, the directions have been complied with. Respondents 1 and 2 made unconditional apology for their lapses. The unconditional apolgy is accepted. Accordingly, the Contempt Case is closed. The learned Government Pleader submitted that the orders passed by the respondents would be communicated to the petitioner within a period of one week. K.T. SANKARAN, JUDGE. ds