Aided Elementary School v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.06.2023
CORAM:
THE HONOURABLE MR. JUSTICE P.B.BALAJI and W.M.P.Nos.30992 & 30993 of 2016 Aided Elementary School, Rep by its Secretary, A.Kottarakuppam, Irulakurichi Post 606 115, Virudhachalam Range, Cuddalore District.
...Petitioner
-Vs1. The Secretary to Government, Social Welfare and Nutritional Meal Programme Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.
2. The District Collector, Cuddalore District, Cuddalore.
3. The Personnel Assistant to the District Collector of Cuddalore, (Noon Meal Programme) Cuddalore.
4. The Block Development Officer, Block Development Office, Virudhachalam Panchayat Union, Virudhachalam.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the G.O.Ms.No.4 dated 06.01.2011 and G.O.Ms.No.72, dated 30.04.2012, Social Welfare and Nutrition Meal Programme (NMS-2) Department, issued by the first respondent and the proceedings passed by the second respondent in Na.Ka.P.T.1/7256/2011 dated 29.08.2016 and quash the same and direct the respondents to fill up the post of Noon Meal Cook and Noon Meal Cook Assistant in the petitioner's School only from the list of candidates submitted by the school on 07.08.2012.
For Petitioner : Mr.R.Kamaraj For Respondents : Mr.V.Arun Additional Advocate General For Mr.R.Kumaravel Additional Government Pleader
ORDER
The Writ Petition has been filed to quash the G.O.Ms.No.4 dated 06.01.2011 and G.O.Ms.No.72, dated 30.04.2012, Social Welfare and Nutrition Meal Programme (NMS-2) Department, issued by the first
respondent and also the proceedings passed by the second respondent in Na.Ka.P.T.1/7256/2011 dated 29.08.2016 and to direct the respondents to fill up the post of Noon Meal Cook and Noon Meal Cook Assistant in the petitioner's School only from the list of candidates submitted by the school on 07.08.2012.
2.
The petitioner challenges the G.O.Ms.No.4 dated 06.01.2011 and G.O.Ms.No.72, dated 30.04.2012, Social Welfare and Nutrition Meal Programme (NMS-2) Department. However, the learned Additional Advocate General brought to my notice that the issue is no longer res-integra, since the Hon'ble Division Bench of this Court in a batch of Writ Appeals in W.A.(MD) No.792 of 2012 etc., in and by a common judgment dated 22.03.2017, upheld the validity of the said G.O. Subsequently, a learned Single Judge of this Court by order dated 23.08.2022 in W.P.No.5211 of 2017 has followed the ratio laid down by the Hon'ble Division Bench and dismissed the petition challenging the said G.O.
3.
This Court is bound by the decision of the Hon'ble Division Bench. Since the G.O.Ms.No.4, dated 06.01.2011 has already been upheld, the Writ Petition fails and accordingly the Writ Petition stands dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to cost.
21.06.2023 Internet: Yes Index : Yes/No Speaking/Non Speaking order rts
To
1. The Secretary to Government, Social Welfare and Nutritional Meal Programme Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.
2. The District Collector, Cuddalore District, Cuddalore.
3. The Personnel Assistant to the District Collector of Cuddalore, (Noon Meal Programme) Cuddalore.
4. The Block Development Officer, Block Development Office, Virudhachalam Panchayat Union, Virudhachalam.
P.B.BALAJI. J, rts and W.M.P.Nos.30992 & 30993 of 2016 21.06.2023