S.Jayanthi, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 16.10.2019 CORAM :
THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD W.P.No.3949 of 2013 S.Jayanthi ... Petitioner Vs 1.The State of TamilNadu, Rep. by the District Collector, Krishnagiri, Krishnagiri District.
2.Children Development Project Officer, O/o.Children Development Project, Uthangarai, Krishnagiri District, PIN - 635 207.
3.Mrs.Divya ... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling the records of the 1st Respondent pertaining to his order which is made in Na.Ka.No.618/A1/2012 dated NilSept 2012, signed dated 12.09.2012 and quash the same, consequent to direct the Respondents 1 & 2 to appoint the Petitioner as Anganvadi Paniyalar at Appinayakanpatti Centre. For Petitioner : Mr.C.Premkumar For Respondents: Mr.A.Zakir Hussain, Government Advocate for R1 & R2
O R D E R
The instant writ petition is for a writ of Certiorarified Mandamus, calling for the records of the 1st respondent pertaining to an order made in Na.Ka.No.618/A1/2012, dated Nil1/3
Sept.2012 and quash the same and appoint the petitioner as Anganvadi Paniyalar in Appinayakanpatti Centre. 2.The case of the petitioner is that the petitioner is a widow. An advertisement was issued for the post of Anganvadi Staff(Anganvadi Paniyalar) by the Children Development Project Officer, O/o. Children Development Project, Uthangarai, Krishnagiri District. The petitioner states that she is fully qualified for appointment to the said post since she has studied up to class 12. She also states that she belongs to the Scheduled Caste community(Arundhathiyar). She states that she received a call letter asking her to attend an interview to be conducted on 10.08.2012. She attended the interview. She states that the third respondent Mrs.Divya has been appointed to the said post. The petitioner has challenged the appointment of Mrs.Divya stating that since she is a widow and she belongs to the Scheduled Caste Community(Arundhathiyar) and she is fully qualified for appointment to the said post, she should be given priority and must be appointed.
3.The respondents have filed a counter affidavit. In the counter they state that guidelines issued in G.O.Ms.No.110, Social Welfare and Nutritious Meal Programme(SVV7) Department dated 14.05.2012 does not prescribe any preference to widows. The respondents have stated that in the interview which was conducted, the third respondent was found to be more suitable for appointment and therefore, the third respondent has been selected.
4.It is well settled that getting an appointment is not a matter of right. The candidates have gone through a selection process and the respondents have stated that the third respondent was found more suitable for the said post. Nothing has been brought on record by the petitioner to show that a widow should be given preference in the matter of appointment and that when a widow is available for appointment, the other candidates should not be considered. The writ as prayed cannot be granted.
5.The writ petition is dismissed. No costs.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar 2/3
tsg To 1.The State of TamilNadu, Rep. by the District Collector, Krishnagiri, Krishnagiri District.
2.Children Development Project Officer, O/o.Children Development Project, Uthangarai, Krishnagiri District, PIN - 635 207.
+1cc to Mr.R.Malaichamy, Advocate sr.86397 +1cc to Government Pleader SR.NO. 87324 W.P.No.3949 of 2013 nr(co) nr 07/01/2020 3/3