A.Bharathi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.14251 of 2017 and W.M.P.No.15457 of 2017 A.Bharathi ... Petitioner Vs.

1. The District Collector, Kancheepuram District.

2. Mr.Ramakrishnan Noon Meal Supervisor, Maduranthagam Panjayat, Maduranthagam, Kancheepuram District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of MANDAMUS, directing respondents to include petitioner's name in the selected list for the post of Noon Meal Organiser and appoint her in the said post in the Araipakkam Panjayat Primary School, Maduranthagam, Kancheepuram District in the light of in Judgment W.P.No.7888 of 2013 on 08.12.2016, G.O.No.163, dated 18.08.2010 issued by Social Welfare and Noon Meal Scheme Department.

For Petitioner : Mr.I.Arockia Selvaraj For Respondents: Mr.K.Dhananjeyan Special Government Pleader

O R D E R

Heard Mr.I.Arockia Selvaraj, learned counsel appearing for the petitioner and Mr.K.Dhananjeyan, learned Special Government Pleader appearing for the respondents. With the consent of the learned counsel appearing on either side, the writ petition is taken up for final disposal at the stage of admission. 2.Admittedly, the name of the writ petitioner is not included in the selected list of recruitment to the post of Noon Meal Organizer nor any other person is appointed in the post. https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel appearing for the writ petitioner contended that though the first respondent is the appointing authority and the second respondent-Supervisor is the recommending authority, till date nobody has been appointed as Noon Meal Organizer in Araipakkam Panchayat Primary School, Maduranthagam, Kancheepuram District.

4.In the absence of issuing any selection or appointment order, the petitioner is not vested with any right and the right of appointment can never be claimed, unless some violations of the Rules are established in the Writ Petition. At this point of time, in the absence of commencement of the selection process and completion of the same, the writ petitioner has no right and even in this writ petition, the writ petitioner is unable to establish her right of appointment. Hence, this Court is not inclined to consider the other grounds raised in this Writ Petition, as it is premature.

Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. -s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar rpa To

1. The District Collector, Kancheepuram District.

2. Noon Meal Supervisor, Mr.Ramakrishnan Maduranthagam Panjayat, Maduranthagam, Kancheepuram District.

+1 CC to The Govt. Pleader sr 48634 W.P.No.14251 of 2017 MV(CO) sp(29/07/2017) https://hcservices.ecourts.gov.in/hcservices/