N.V.Poongodi, v. The Secretary To Government Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2018

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.25297 of 2017 and W.M.P.No.26746 of 2017 N.V.Poongodi

...Petitioner

-Versus1.The Secretary to Government of Tamilnadu, Social Welfare and Nutrition Meals Department, Secretariat, Chennai - 600 009.

2.The District Collector, Vellore District, Vellore.

3.The District Programme Officer, Integrated Child Development Scheme (ICDS) Project, Vellore District, Vellore.

...Respondents

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India to issue a writ, order or direction of any other writ in the nature of a writ of a writ of Certiorarified Mandamus calling for the records relating to the impugned news bulletin dated 'Nil' issued by the 2nd respondent for filling up of Anganwadi Workers and Anganwadi Assistant under the Child Development Programme, quash the same and consequently direct the respondents herein to conduct free and fair selection process in filling up of Anganwadi Workers and Anganwadi Assistant under the Child Development Programme after giving vide publicity and by following the rule of reservation. For Petitioner : Mr.UM.Ravichandran For Respondents : Mr.R.S.Selvam, Government Advocate

O R D E R

The relief sought for in this writ petition is to call for the news bulletin dated 'Nil' issued by the second respondent

for filling up of Anganwadi workers and Anganwadi Assistant under the Child Development Programme, quash the same and consequently, to direct the respondents to conduct free and fair selection process in filling up of Anganwadi workers and Anganwadi Assistant under the Child Development Programme. 2.The learned counsel for the petitioner states that the writ petitioner is fully qualified for appointment to the post of Anganwadi workers and Anganwadi Assistant in the Child Development Programme.

3.The grievances of the writ petitioner is that the respondents have not issued the notification properly and consequently deprived of the rights of many other eligible candidates including the writ petitioner. The process of selection had not been conducted properly in accordance with the rules in this regard.

4.The learned Government Advocate appearing on behalf of the respondents denies the allegations by stating that the paper advertisement has been given in the local daily on 14.08.2017 and the candidates downloaded the applications from the District web site www.vellore.tn.nic.in and submitted their applications to the Child Development Project officers functioning in each block. Further, the learned Government Advocate brought to the notice of this Court that near about four hundred applications were received in respect of the Sholingar Block and therefore, the very allegation of the writ petitioner that wide publication was not given is incorrect. In the entire District, near about 2,000 applications were received by the authorities. Thus, the process of selection was notified properly and large number of applications were received and accordingly, the selection process was conducted.

5.The learned Government Advocate further contended that the writ petitioner had not even applied for the post. In view of the fact that the writ petitioner had not applied for the post, she is not entitled for any relief as such sought for in this writ petition.

6.This Court is of the opinion that the publications were made and in respect of the particular block concerned, four hundred applications were received by the authorities and the process of selection was conducted and therefore, the writ petitioner, who had not even submitted an application, cannot question the process of selection, more specifically, after the completion of the selection process. Thus, the writ petitioner has not established any acceptable ground for the purpose of grant of the prayer as such sought for in this writ petition.

7.Accordingly, the writ petition stands dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.

mbi/kak Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar To 1.The Chief Engineer, Agricultural Engineering Department, Anna Salai, Nandanam, Chennai - 600 035.

2.The Assistant Executive Engineer (AE), Agricultural Engineering Department, Cuddalore 607 002.

+1cc to Mr.UM.Ravichandran, Advocate S.R.No.65179 +1cc to the Government Pleader, S.R.No.65485 KR/16/10/18 W.P.No.25297 of 2017 and W.M.P.No.26746 of 2017