Mrs.M.Rajeswari v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.01.2018

CORAM

THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.894 of 2018 and WMP.Nos.1078 and 1079 of 2018 M.Rajeswari

...Petitioner

Versus

1. The District Collector, District Collector Office, Thiruvarur.

2. The Commissioner, Muthupettai Panchayat Union, Thiruvarur District.

3. Karthika ... Respondents Prayer:

Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records and appointment order dated 11.10.2017 issued by the 1st respondent in favour of the 3rd respondent and quash the same and consequently, direct the 1st and 2nd respondents to consider and appoint the petitioner for the post of Nutritious Meals Organizer at Middle School, Ariyalur Panchayat Union, Muthupettai Taluk, Thiruvarur District. For Petitioner : Mr.M.Jaikumar For 1st Respondent : Mr.V.Jayaprakash Narayanan, Spl. Govt. Pleader For 2nd respondent : Mr.M.Elumalai, G.A.

O R D E R

Challenging the impugned order of appointment dated 11.10.2017 appointing the 3rd respondent as Nutritious Meal Organizer at Middle School, Ariyalur Panchayat Union, Muthupettai Taluk, Thiruvarur District, the present Writ Petition has been filed.

2.

Learned Counsel for the petitioner submitted that the 1st respondent called for applications for the post of Nutritious Meals Organizer under Puratchi Thalaivar MGR Nutritious Meal Programme at Ariyalur Panchayat Union Middle School within the

limits of Muthupettai Taluk, Thiruvarur District on 22.02.2017 through Advertisement in Newspaper. The minimum qualification for the above said post is that the candidates of General and Backward Class categories should have passed 10th Standard and the candidates of Scheduled Tribes should have passed or failed 8th Standard. The learned Counsel further submitted that the petitioner applied for the said post and she was also called for interview to be held on 19.4.2017 at 10.00 a.m. by the 2nd respondent and she also appeared for the same, but, the respondents 1 and 2 have selected the 3rd respondent.

The learned Counsel for the petitioner further submitted that though the 3rd respondent has completed the teachers training, since the minimum qualification for the said post is only X Standard, the 1st respondent ought not to have appointed the 3rd respondent to the said post. Further, the 3rd respondent is residing 6 kms. away from the centre whereas the petitioner is residing near the centre. Hence, seeking to quash the appointment order of the 3rd respondent and to appoint the petitioner in that place, the present Writ Petition has been filed.

3.

Mr.V.Jayaprakash Narayanan, learned Special Government Pleader takes notice for 1st respondent and Mr.M.Elumalai, learned Government Advocate takes notice for 2nd respondent. 4.

Though it is pleaded in the affidavit filed in support of the writ petition that the petitioner has acquired the requisite qualification to be appointed for the post of Nutritious Meals Organizer, she has not pleaded anywhere in the affidavit about her actual qualification possessed now. That apart, the petitioner has also not stated about the distance of her residence from the centre. However, 10th Standard Mark Sheet and Native Certificate were enclosed along with the typed set of papers. Therefore, in the absence of any specific information about the petitioner's educational qualification and the exact distance of her residence from the centre, this Court is unable to entertain the present Writ Petition.

5.

In the result, the Writ Petition fails and the same is accordingly dismissed. No costs. Consequently, connected Miscellaneous Petitions are also closed.

Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar

To

1. The District Collector, District Collector Office, Thiruvarur.

2. The Commissioner, Muthupettai Panchayat Union, Thiruvarur District.

+1cc to Mr.Arul Selvan, Advocate SR.No.3494 W.P.No.894 of 2018 NMI(CO) GN(08/02/2018)