Madras High CourtWP/33035/2017dismissed as infructuous

Mathammal v. The District Collector

2018-02-13Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.02.2018

CORAM

THE HONOURABLE Mr.JUSTICE T.RAJA W.P.No.33035 of 2017 and W.M.P.Nos.36407 & 36408 of 2017 Mathammal W/o.Late Madhesh ... Petitioner Vs 1.The District Collector, Dharmapuri District, Dharmapuri 636 705.

2.The Personal Assistant to the District Collector, [Noon Meal], O/o.District Collector, Dharmapuri District, Dharmapuri 636 705 3.Jeeva ... Respondents Writ Petition filed under Article 226 of The Constitution of India seeking for issuance of Writ of Certiorarified Mandamus to call 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 Government Higher Secondary School, Bandharahalli Centre, Karimangalam Panchayat Union, Dharmapuri District.

For Petitioner : Mr.D.Baskar For Respondents : Mr.V.Jayaprakash Narayanan, Special Govt. Pleader for R1 & R2 : Mr.P.Mohanraj for R3

O R D E R

This writ petition is directed against the order of the 1st respondent dated 14.11.2017 appointing the 3rd respondent as Noon Meal Assistant Cook on various grounds.

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2.Heard the learned counsel appearing for both sides and perused the materials available on record. 3.Learned Special Government Pleader fairly concedes that the post in question has been reserved for Backward Community category, instead of appointing a candidate belonging to Backward Community, the 3rd respondent belonging to Scheduled Caste was wrongly appointed as against the rules of reservation and produced a copy of the proceedings of the District Collector dated 30.01.2018, cancelling the appointment order issued in favour of the 3rd respondent herein. He further submitted that Tmt.Madammal, W/o.Chinnasamy, is going to be considered for the said post as she is only the eligible candidate. 4.In view of the above, interim stay of the impugned order granted by this Court on 19.12.2017 is recalled and this writ petition is dismissed as infructuous. No costs.

Consequently, connected Miscellaneous Petitions are closed. -s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar gya To 1.The District Collector, Dharmapuri District, Dharmapuri 636 705.

2.The Personal Assistant to the District Collector, [Noon Meal], O/o.District Collector, Dharmapuri District, Dharmapuri 636 705 +1 CC to Mr.R. Thamaraiselvan, Advocate sr 11849(07/06/2018) +1 CC to Mr.P. Rajendiran, Advocate sr 11523(07/06/2018) W.P.No.33035 of 2017 and W.M.P.Nos.36407 & 36408 of 2017 KAN(CO) SP(12/04/2018) https://hcservices.ecourts.gov.in/hcservices/