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Madras High CourtWP/13405/2011dismissed

G.Varathalakshmi, v. The District Collector,

2024-03-11Honourable Mr Justice G. Chandrasekharan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN and M.P.No.01 of 2012 G.Varathalakshmi ....Petitioner Vs

1. The District Collector, Krishnagiri.

2. The District Project Officer, Child Development Department, Collectorate, Krishnagiri.

3. The Project Officer, Child Development, Bargur, Krishnagiri Taluk & District.

4. Ramya ....Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Certiorari to call for the records in respect of the appointment order of the 4th respondent in Na.Ka.No.1892 dated 28.02.2011 issued by the respondents and quash the same and also to direct the respondents 1,2,3 to appoint the petitioner as a Mini Anganvadi Paniyalar at Kathiadikuppam village, Bargur Union, Krishnagiri Taluk and District forthwith.

For Petitioner : Mr.C.Samivel For R1 to R3 : M/s. Tamil Selvi Additional Government Pleader For R4 : No appearance

O R D E R

The Writ Petition has been filed to call for the records in respect of the appointment order of the 4th respondent in Na.Ka.No.1892 dated 28.02.2011 issued by the respondents and quash the same and also to direct the respondents 1,2,3 to appoint the petitioner as a Mini Anganvadi Paniyalar at Kathiadikuppam village, Bargur Union, Krishnagiri Taluk and District forthwith.

2. It is the submission of the learned counsel for the petitioner that, petitioner applied for the post of Mini Anganvadi Paniyalar in Palvadi School at Kathadikuppam. She attended interview on 28.12. 2010 and she was interviewed by the 2nd & 3rd respondents. Her credentials were not questioned by the 2nd & 3rd respondents. She thought that she would be selected for the post of Mini Anganvadi Paniyalar. However, she was not selected, but the 4th respondent Ramya was selected. She had been smuggled into the job without following the proper procedure. In the said circumstances, present Writ Petition is filed.

3. In response, the learned Additional Government Pleader appearing for the respondents ( 1 to 3) submitted that, along with the petitioner, 4th respondent and others had participated in the interview. Selection Committee constitutes District Programme Officer ( ICDS), The Deputy Director ( Health Service), The CDPO ( concerned Block). The Selection Committee interviewed all the candidates who attended the interview and found that the 4th respondent was better suited. Petitioner was not selected for the reason that she was aged 34 years at that point of time and she was handicapped. There was no age relaxation given to the Handicapped Candidates. Petitioner was found not capable of handling small children and therefore she was not selected.

4. Considered the rival submissions and perused the records. It is the submission of the learned counsel for the petitioner that, 4th respondent had not even participated in the interview and was selected. However, this Court finds that this statement is not true. After going through the records produced by the learned Additional Government Pleader, it is seen that, petitioner was aged about 34 years and 4th respondent was aged about 21 years at the time of interview. Petitioner passed SSLC and 4th respondent passed Twelfth Standard. Petitioner was living in the same village and 4th

respondent resides 2 kms away from the village. The Selection Committee on going through the credentials of the 4th respondent and others had found that, 4th respondent was suitable for the post and selected her. Petitioner was not selected for the reason that, she was a physically handicapped person and that she was not capable of handling small children. This Court does not find any illegality or irregularity in the matter of selection. Therefore, petitioner's prayer seeking appointment as Mini Anganvadi Paniyalar cannot be entertained.

5. Accordingly, this Writ Petition is dismissed. Consequently, connected miscellaneous petition is closed. No costs. 11.03.2024 Index :Yes/No Internet:Yes/No Sma

To

1. The District Collector, Krishnagiri.

2. The District Project Officer, Child Development Department, Collectorate, Krishnagiri.

3. The Project Officer, Child Development, Bargur, Krishnagiri Taluk & District.

G.CHANDRASEKHARAN, J Sma 11.03.2024