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Madras High CourtWP/908/2018dismissed

V.Manju, v. The District Collector,

2022-10-26Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.10.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.1093 of 2018 V.Manju ... Petitioner Vs.

1.The District Collector, Dharmapuri District, Dharmapuri - 636705.

2.The Personal Assistant to District Collector (Noon Meal) O/o. District Collector, Dharmapuri District, Dharmapuri - 636705.

3.Priya ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 2nd respondent in Pro.Na.Ka. No.1521/2016/X1 dated Nil.11.2017, quash the same and issue consequential directions to 1st and 2nd respondents herein to appoint the petitioner as Cook Assistant in the Panchayat Union Elementary School, Irulapatty Centre, Pappireddipatty Panchayat Union, Dharmapuri District.

For Petitioner : Mr.R.Dhanasekar For R1 : Mr.V.Arun Additional Advocate General Assisted by Mrs.S.Mythreye Chandru Special Government Pleader For R2 : Mr.T.Arun Kumar For R3 : No Appearance

O R D E R

The appointment of the 3rd respondent as Cook Assistant in the Panchayat Union Elementary School, Irulapatty Centre, Pappireddipatty Panchayat Union, Dharmapuri District is under challenge in the present writ petition.

2. The petitioner participated in the process of selection and submitted all the relevant documents before the Selection Committee. The petitioner scored well, however not considered for selection. The 3rd respondent was selected and appointed in violation of the Government guidelines issued for selection.

3. The learned counsel for the petitioner states that the 3rd respondent is residing beyond the radius of 3kms and therefore, her appointment is illegal.

4. In order to verify the correctness of the selection, this Court has passed an interim order, directing the authorities to conduct measurement regarding the distance between the Centre and the residences of the selected candidates. Accordingly, the Assistant Engineer, Panchayat Union, Pappireddipatty, conducted the measurement by affording opportunities to the parties concerned including the petitioner. As per the reports submitted by the Assistant Engineer, Smt.V.Manju is residing at a distance of 328 meters from the Centre and the 3rd respondent is residing at a distance of 926 meters from the Centre. Thus, both the petitioner and the 3rd respondent are residing within the radius of 3kms and the 3rd respondent secured higher marks.

5. Thus, this Court is of the considered opinion that the petitioner has not established any acceptable ground for the purpose of interfering with the process of selection.

6. Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 26.10.2022 (2/2) Jeni Index : Yes Speaking order To 1.The District Collector, Dharmapuri District, Dharmapuri - 636705.

2.The Personal Assistant to District Collector (Noon Meal) O/o. District Collector, Dharmapuri District, Dharmapuri - 636705.

S.M.SUBRAMANIAM, J.

Jeni 26.10.2022 (2/2)