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2023 Supreme(Online)(KER) 9967

HIGH COURT OF KERALA
A. Muhamed Mustaque, Shoba Annamma Eapen, JJ
N.PRAKASH – Appellant
Versus
DR.REGHUNATHAN K.R – Respondent
Con.Case(C) 1670 2023



Advocates:
N.PRAKASH(Party-In-Person), A.PARVATHI MENON, P.SANJAY, BIJU MEENATTOOR, PAUL VARGHESE, KIRAN NARAYANAN, INDIRA.K.P., P.A.MOHAMMED ASLAM, RAHUL RAJ P., AMRUTHA M. NAIR, MUHAMMED BILAL.V.A, MEERA R. MENON

Successful completion of required examinations negates further contempt proceedings.

Headnote:

Contempt - Petitioner's Exams - Bar Council of India Rule 23 - The court acknowledged the petitioner's successful completion of internal exams and high marks, resulting in the closure of the contempt case.

Fact of the Case:

The petitioner, having passed internal exams in Alternate Dispute Resolution with high marks, contended there was no need for further directives in a contempt case.

Finding of the Court:

The court found that the petitioner had satisfactorily completed the necessary examinations and deemed no further action in the contempt case was required.

Issues: Whether the completion of the petitioner's internal exams negated the need for continuing contempt proceedings.

Ratio Decidendi: The court concluded that successful internal exam performance absolved any grounds for contempt, aligning with established educational regulations.

Final Decision: The contempt of court case is closed.

JUDGMENT

Dated this the 19th day of October, 2023 Taking note of the fact that the petitioner has already passed out internal exams in the ADR and he has got high marks in role play, we find that no further directions are required in this matter.

Accoringly, the Cotempt of Court Case is closed.

Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

SHOBA ANNAMMA EAPEN JUDGE RK APPENDIX OF CON.CASE(C) 1670/2023 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE JUDGMENT DATED

1.3.2023 IN W.A.NO.382 OF 2023 Annexure A2 TRUE COPY OF THE CIRCULAR NO.BCI:D:158(LE:CIRCULAR NO.01/2020)

DATED 5.2.2020 ISSUED BY THE BAR COUNCIL OF INDIA Annexure A3 TRUE COPY OF THE DETAILS OF THE TOTAL NUMBER OF CLASSES TAKEN IN THE SUBJECT OF ALTERNATE DISPUTE RESOLUTION DURING THE MONTHS OF NOVEMBER AND DECEMBER, 2022 AND JANUARY 2023 DATED NIL PUBLISHED BY THE CONCERNED TEACHER IN THE WHATSAPP GROUP Annexure A4 TRUE COPY OF THE DETAILS OF THE TOTAL NUMBER OF CLASSES TAKEN IN THE SUBJECT OF ALTERNATE DISPUTE RESOLUTION DURING THE MONTH OF FEBRUARY 2023 DATED NIL PUBLISHED BY THE CONCERNED TEACHER IN THE WHATSAPP GROUP Annexure A5 TRUE COPY OF THE RELEVANT PORTION OF RULE 23 OF SCHEDULE II OF LEGAL EDUCATION RULES 2008 DATED NIL PROMULGATED BY THE BAR COUNCIL OF INDIA Annexure A6 TRUE COPY OF THE SYLLABUS FOR ALTERNATE DISPUTE RESOLUTION WHICH IS A COMPULSORY PAPER IN THE 9TH SEMESTER OF

5 YEAR B.A.LL.B PUBLISHED BY THE MAHATMA GANDHI UNIVERSITY Annexure A7 TRUE COPY OF THE RELEVANT PORTION OF RULE 10 OF BAR COUNCIL OF INDIA RULES OF LEGAL EDUCATION PART IV Annexure A8 TRUE COPY OF THE JUDGMENT DATED

29.5.2023 IN CON.CASE (C)NO.930 OF 2023 Annexure A9 TRUE COPY OF THE JUDGMENT DATED

14.6.2023 IN CON.CASE (C)NO.1162 OF

2023 Annexure A10 TRUE COPY OF THE NOTICE PUBLISHED BY THE RESPONDENT DATED 11.7.2023 SCHEDULING PRACTICAL EXAMINATION FOR ALTERNATE DISPUTE RESOLUTION (ROLE PLAY) ON 13TH, 14TH AND 15TH OF JULY, 2023 Annexure A11 TRUE COPY OF THE NOTICE DATED 21.7.2023 PUBLISHED BY THE RESPONDENT SCHEDULING INTERNAL EXAMINATION FOR ALTERNATE DISPUTE RESOLUTION ON 7.8.2023 Annexure A12 TRUE COPY OF THE MAIL SENT BY THE PETITIONER TO THE RESPONDENT ON

21.7.2023 RESPONDENT ANNEXURES Annexure R(1) TRUE COPY OF THE LETTER DATED 8.12.22 ISSUED BY THE EXAM CONTROLLER TO THE LAW COLLEGES Annexure R(2) TRUE COPY OF THE LETTER DATED 29.12.22 ISSUED BY THE EXAM CONTROLLER TO THE LAW COLLEGES Annexure R(3) TRUE COPY OF THE RELEVANT UNIVERSITY REGULATION DATED NILL Annexure R(4) THE COMMUNICATION SENT BY THE COLLEGE TO THE UNIVERSITY DATED 27.07.23 COMMUNICATION SENT BY THE COLLEGE TO THE UNIVERSITY DATED 27.7.23 COMMUNICATION SENT BY THE COLLEGE TO THE UNIVERSITY DATED 27.7.23 Annexure R (5) TRUE COPY OF THE JUDGMENT IN W.P. ( C)

24741/2023 DATED 08.08.23 Annexure R(6) OFFICE COPY OF THE CON.CASE 1082/2023 DATED 29.05.23 Annexure R(7) TRUE COPY OF THE RESULT SHEET OF THE PETITIONER (AS PER OFFICE RECORDS MAINTAINED IN THE COLLEGE) DATED NIL

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