G.Sarpunisha v. The Personal Assistant

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2026

CORAM:

THE HON'BLE MR. JUSTICE M. DHANDAPANI WP.no.6233 of 2026 G.Sarpunisha ... Petitioner Vs ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus directing the respondents to consider the petitioner for appointment to the post of Noon Meal organiser at the Panchayat Union Elementary school, Kallukattu, Athur Block, Salem District by invoking the doctrine of necessity and without strictly insisting the 3 KM distance rule for such appointment and issue appropriate orders For petitioner : Mr.P.Mohanraj

For Respondents For R1 : Mr.T.M.Rajangam, Government Advocate For R2 : Mr.R.Neethi Perumal, Government Advocate WP.no.6235 of 2026 C.Sumathi ... Petitioner Vs ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus directing the respondents to consider the petitioner for appointment to the post of Noon Meal organiser at the Panchayat Union Elementary school, Thavalapatti, Athur Block, Salem District by invoking the doctrine of necessity and without strictly insisting the 3 KM distance rule for such appointment and issue appropriate orders For petitioner : Mr.P.Mohanraj For Respondents For R1 : Mr.T.M.Rajangam, Government Advocate For R2 : Mr.R.Neethi Perumal, Government Advocate

COMMON ORDER These Writ Petitions have been filed praying for direction to the respondents to consider the petitioners for appointment to the post of Assistant Cook at the Panchayat Union Elementary schools at Kallukattu & Thavalapatti, Athur Block, Salem District by invoking the doctrine of necessity and without strictly insisting the 3 KM distance rule for such appointment and issue appropriate orders 2.

The learned counsel appearing for the petitioners would submit that the petitioners applied for the post of Assistant Cook at Panchayat Union Elementary Schools at Kallukattu & Thavalapatti, Athur Block, Salem District. As per the eligibility criteria, the selected persons must reside within 3 kilometer radius. However, the petitioners are residing beyond three kilometers. According to the petitioners, no persons are available within 3 kilometer radius. Therefore, seeking relaxation of the criteria of residing within 3 kilometer radius, the present writ petitions have been filed. 3.

The learned counsel appearing for the petitioners would further submit that if there are eligible candidates available within 3 kilometer, then the

petitioners become ineligible. When there is no eligible candidates available within 3 kilometer radius, rejecting the petitioners' candidature on the ground that the petitioners are not residing within 3 kilometer is not sustainable one. 4.

The learned Government Advocates appearing for the respondents would submit that the eligibility criteria fixed in the notification cannot be relaxed by this Court. The petitioners claim that there are no eligible persons available within three kilometer. However, there are persons available within three kilometer and the applications will be considered strictly on merits and in accordance with law.

5. This court is of the view that when no persons are available within three kilometer radius, then only the petitioners have right to question their rejection. Therefore, both the Writ Petitions are dismissed. There shall be no order as to costs.

20.02.2026 Index :Yes/No Speaking/Non-speaking order : Yes/No lok

To

M. DHANDAPANI, J.

lok 20.02.2026