IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 Con.Case(C).No. 1261 of 2008(S) ------------------------------- AGAINST THE ORDER IN WPC.32974/2007 Dated 30/06/2008 .................... PETITIONER/PETITIONER: ----------------- DR.JOHNSON.R., AGED 41 YEARS, S/O.ALFRED, SOMAVILAS, VELLIMON P.O., KOLLAM 691 511. BY ADV. SRI.ELVIN PETER P.J. RESPONDENT/RESPONDENT: ------------- K.A.HASHIM (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER), REGISTRAR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- Cont. Case (C) No.1261 of 2008 S -------------------------------------- Dated this the 1st day of September, 2008. J U D G M E N T The allegations of the petitioner is that the respondent has wilfully and deliberately violated Annexure-A1 interim order dated 30.6.2008 passed by this Court. The interim order dated 30.6.2008 reads as follows:- “It is submitted that the University was not satisfied with the certificate issued by the District Collector stating that the petitioner belongs to Christian-Latin Catholic community which comes under OBC list of the Kerala State. It is also submitted that the matter was referred to 'KIRTADS' and a report from 'KIRTADS' is expected. The University shall take necessary steps to finalise the matter within a period of two months and intimate its decision to the petitioner.” Cont.Case(C) No.1261/2008 2 2. The University has passed Annexure-A3 order dated 21.8.2008, which would indicate that the Syndicate, at its meeting held on 14.8.2008, considered the matter and after detailed discussion found ambiguity about the claim made by the petitioner for reservation on the basis of community. The Syndicate has also resolved to re-notify the post. 3. I do not think that by passing Annexure-A3 order dated 21.8.2008, the respondent has wilfully violated Annexure-A1 interim order dated 30.6.2008 passed by this Court. On the other hand, Annexure-A3 order would indicate that the said order was issued in compliance with the interim order dated 30.6.2008. Leaving open the right of the petitioner to challenge Annexure-A3 order dated 21.8.2008, the Contempt Case is closed. K.T. SANKARAN, JUDGE. cks Cont.Case(C) No.1261/2008 3