Ananthula Bharatamma v. The State Of Telangana,

HON'BLE SRI JUSTICE R.SUBHASH REDDY AND HON'BLE SRI JUSTICE A.SHANKAR NARAYANA WRIT PETITION No.19194 of 2015 ORDER : (per Hon'ble Sri Justice R.Subhash Reddy) This writ petition is filed by the petitioners, who are Presidents of various self-help Groups, challenging the docket order dated 18.10.2014 in P.L. Case No.61 of 2014 passed by the 14th respondent-Mandal Legal Services Committee, Mahabubabad, Warangal District, permitting the unofficial respondent Nos.10 to 13 herein to continue as cooks in the 8th respondent school, as arbitrary and illegal.

2. It appears that there is a dispute with regard to appointment of implementing agencies for Mid-Day Meal Programme for the children of Classes I to VII in all the Government and Aided Primary and Upper Primary Schools in the State. Un-official respondent Nos.10 to 13 were appointed by the competent appointing authority as agencies for implementing the Mid-Day Meal Programme. When they approached the 14th respondent-Mandal Legal Services Committee, Mahabubabad, Warangal District, by way of P.L. Case No.61 of 2014, alleging that they were removed illegally, the impugned docket order dated 18.10.2014 came to be passed by the Mandal Legal Services Committee, Mahabubabad.

3. A perusal of the said docket order shows that basing on the statement made by the respondents therein to the effect that they have not issued any orders removing the

petitioners therein from attending the cooking of food for MidDay to the school children, the said petition was closed. Aggrieved by the said order, the petitioners herein, claiming that they are appointed pursuant to the Resolution dated 8.9.2014 of Gram Panchayat, Jayyaram Village, Maripeda Mandal, Warangal District, have filed the present writ petition questioning the jurisdiction of the Mandal Legal Services Committee, Mahabubabad.

4. On earlier occasion, the matter was adjourned to enable the learned Government Pleader for School Education to get instructions as to who is the appointing authority and whether the petitioners herein were appointed by the competent authority as per the scheme.

5.

The petitioners claim that they were appointed pursuant to the resolution passed by the Gram Panchayat and there is no order issued by the Mandal Revenue Officer, who is the appointing authority to appoint the implementing agencies, as per the guidelines issued in G.O.Ms.No.94, Education (SE-PROG-I) Department, dated 25.11.2002. As the petitioners do not have any valid appointment order under the scheme, they have no locus-standi to question the impugned order dated 18.10.2014 passed by the Mandal Legal Services Committee, Mahabubabad. Even in the impugned order, no directions were given by the Mandal Legal Services Committee. In the absence of any locus-standi, the petitioners, who were not appointed by the competent authority as per the scheme, do not have any right to agitate the matter.

6. For the aforesaid reasons, this writ petition is devoid

of merits and is accordingly dismissed, at the admission stage. As a sequel, miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

____________________________ JUSTICE R. SUBHASH REDDY ________________________________ JUSTICE A.SHANKAR NARAYANA 02.07.2015.

Msr HON'BLE SRI JUSTICE R.SUBHASH REDDY AND HON'BLE SRI JUSTICE A.SHANKAR NARAYANA WRIT PETITION No.19194 of 2015

02.07.2015 Msr