JOHN MATHEW Vs. PRINCIPAL MEDICAL COLLEGE
LAWS(KER)-1963-9-17
HIGH COURT OF KERALA
Decided on September 30,1963

JOHN MATHEW Appellant
VERSUS
PRINCIPAL, MEDICAL COLLEGE Respondents




JUDGEMENT

- (1.)This is a petition by the petitioner in O. P. No. 1351 of 1963
to take proceedings for contempt of Court against the respondents for the disobedience of the directions issued by this Honble Court in the Judgment dated 23rd August 1963 in O. P. No. 1351 of 1963,

and the ground therefor is mentioned in the concluding paragraph of the accompanying affidavit thus:

The appropriate proceedings to be taken by this Court for the enforcement of my fundamental right in this case at this stage is to summon the respondents before Court, compel them to admit me for this years Pre medical course on the basis of my higher marks, and to punish them for the grave contempt of Court committed by them in this matter especially by passing Ext. P 1 Government Order dated 7-9-1963.

The respondents to this petition are The Principal, Medical College, Trivandrum; The Chief Secretary to the Government of Kerala; and the Minister for Health, Government of Kerala.

(2.)Contempt proceedings are essentially punitive in nature and not remedial, even though the effect of the proceedings in cases of wilful disobedience to a judgment or order may be to compel compliance with it.
(3.)In S. S. Roy v. State of Orissa ( AIR 1960 SC 190 ) the Supreme Court has observed:
.... it is not sufficient in such cases for the purpose of visiting a Judicial Officer with the penal consequences of proceedings in contempt, simply because he committed an error of judgment, or the order passed by him is in excess of authority vested in him. The error must be a wilful error proceeding from improper or corrupt motives in order that he may be punished for contempt of Court.

What their Lordships have said in respect of a magistrate seems well applicable to the respondents in this case. There is no allegation here that the respondents have refused admission to the petitioner on account of any improper or corrupt motive.

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