P. Kanchana v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2017

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.A.No.1558 of 2017 and C.M.P.No.20415 of 2017 P.Kanchana Appellant/Petitioner

Versus

1. The District Collector, Vellore District, Vellore.

2. The Commissioner/ Block Development Officer, Gudiyatham Union, Vellore District.

3. M.Jayamani Respondents/Respondent Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 10.10.2017 passed in W.P.No.26484 of 2017 on the file of this court.

W.P.No.26484 of 2017:

To call for the records pertaining to the online list of the Noon Meal Organizer appointed 2017 at the Panchayat Union Primary School R.Ramapuram Village Ramalai Village Panchayat Gudiyatham Union Vellore District dated NIL on the file of the 2nd respondent and quash the appointment of the 3rd respondent as illegal incompetent and ultravires and consequently direct the 1st and 2nd respondents to appoint the petitioner in the place of the 3rd respondent.

For appellant : Mr.R.Jayaprakash For RR1 and 2 : Mr.P.S.Sivashanmugasundaram, Special Government Pleader

JUDGMENT

(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the appellant and the learned Government Pleader appearing for respondents 1 and 2.

2. Challenging the order passed by the learned Single Judge declining to interfere with the appointment of the third respondent as Noon Meal Organizer, the present writ appeal has been filed by the writ petitioner.

3. The main contention of the appellant/writ petitioner is that despite production of all the relevant documents, the appellant, a resident of the village concerned was not selected rather the third respondent has been selected for the post of Noon Meal Organizer.

4. The stand taken by the learned Special Government Pleader is that the condition which is required to be fulfilled for being selected is that the candidate should be residing within the radius of 2 km from the Noon Meal Centre, whereas the appellant is residing beyond that limits and the third respondent is residing within a radius of 2 kms.

5. In that view of the matter, there is no gainsay by entertaining the writ appeal. Therefore, the writ appeal is dismissed. No costs. The connected miscellaneous petition is also dismissed.

s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar ssk.

To:

1. The District Collector, Vellore District, Vellore.

2. The Commissioner/ Block Development Officer, Gudiyatham Union, Vellore District.

+1 CC to Govt. Pleader, sr 91427.

+1 CC to Mr.R. Jayaprakash, Advocate sr 91796 W.A.No.1558 of 2017 SVI(CO) SP(24/01/2018)