IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 Con.Case(C).No. 1147 of 2009(S) ------------------------------- AGAINST THE JUDGEMENT/ORDER IN OP.9400/2000 Dated 21/05/2008 .................... PETITIONER: --------------- P.RADHAKRISHNAN NAIR,S/O.P.C.PRABHAKARAN NAIR, AGED 52 YEARS,RESIDING AT T.C.16/520,PRANAV AM,EVPA 62, OPP.GOVT.H.S,JAGATHY,TRIVANDRUM,NOW WORKING AS HEAD OF SECTION,COMPUTER APPLICATION AND BUSINESS MANAGEMENT(CA &BM)RESIDENTIAL WOMENS POLYTECHNIC,PAYYANNUR, KANNUR DIST. BY ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT: --------------- KURIVILA JOHN, FATHER'S NAME NOT KNOWN, AGED NOT KNOWN, PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADER SRI. K.C SANTHOSH KUMAR THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN,J. ------------------------- Cont. Case No.1147 of 2009 -------------------------- Dated this the 3rd November,2009 J U D G M E N T The petitioner alleges violation of my judgment dated 21.5.2008 in O.P. No.9400/2000-R. In that judgment, I passed the following: "Therefore, I am of the opinion that the Government should frame appropriate Special Rules regarding the classification of the Residential Women's Polytechnic, Payyannur (as to whether it is a Class-C Polytechnic or a Class F -Women's Polytechnic or a third new category) method of appointment and qualifications for the posts created as per Ext. R2 (b), fixation of feeder categories and qualifications for the post of Principal taking into account the qualification required for the new post created by Ext. R2(b), namely, Head of Section (Computer Application and Business Administration) also which is not an Engineering/Technology related subject. While doing so, the Government shall consider the guidelines issued by All India Council for Technical Education on the subject. (This is in view of the contention of the petitioner that as per Ext.P14 guidelines of AICTE, the qualifications prescribed for the post of Principal is the same as that of Head of Department and the Government themselves have in Ext. R2(b) stipulated that the faculty in the Residential Women's Polytechnic, Payyannur would be those who have the prescribed qualifications as per the AICTE guidelines). The 1st respondent shall apply its mind to every aspect of the matter and frame appropriate Special Rules, by amending the existing Rules in the light of the observations Cont. Case No.1147 of 2009 2 made above. This shall be done within four months from the date of receipt of a copy of this judgment. Till Rules are so framed, the vacancy of Principal, arising in the meanwhile in the Residential Women's Polytechnic, Payyannur, shall not be filled up. After framing Special Rules, the vacancy shall be filled up by appointing a qualified person as per the Special Rules so framed." 2. Now Special Rules have been framed, which according to the petitioner, is against the directions issued in the judgment. I do not think that in respect of a legislative function exercised by the Government, contempt proceedings can be initiated. Special Rules have been framed in exercise of the legislative powers of the Government. As such, the remedy of the petitioner lies in challenging the Special Rules now framed. Without prejudice to that right of the petitioner, the Contempt of Court Case is closed. (S.SIRI JAGAN,JUDGE) ma Cont. Case No.1147 of 2009 3 Cont. Case No.1147 of 2009 4