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Madras High CourtWP/27664/2017dismissed

C. Sangeetha v. The District Collector

2017-10-30Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2017 CORAM :

THE HONOURABLE Mr.JUSTICE T.RAJA W.P.No.27664 of 2017 and W.M.P.No.29611 & 295612 of 2017 C.Sangeetha ... Petitioner Vs.

1.The District Collector, Collectorate, Kancheepuram District.

2.The Secretary, Social Welfare Department, St.George Fort, Chennai-9.

3.The Block Development Officer, Lathur Panchayat Union, Pownzur, Cheyyur Taluk, Kancheepuram District.

4.R.Sumathi ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records in respect of the order of appointment in Na.Ka.No.13231/14 rcjp/gX dated 08.09.2017 issued by the 1st respondent appointing the 4th respondent as a Noon Meal Organizer in Adyalacherry Elementary School, Lathur Panchayat Union, Cheyyur Taluk, Kancheepuram District and to quash the same and consequently, direct the 1st respondent to appoint him as a Noon Meal Organizer in Adyalacherry Elementary School, Lathu Panchayat Union, Cheyyur Taluk, Kancheepuram District according to merits.

For Petitioner : Mr.J.Sudhakaran For Respondents : Mr.K.Rajendraprasad, GA (For R1 to R3)

ORDER

Mr.K.Rajendraprasad, learned Government Advocate, takes notice for the respondents 1 & 3. By consent of both sides, the writ petition is taken up for final disposal.

2.The present writ petition has been filed by the petitioner challenging the impugned order of appointment of the 4th respondent as Noon Meal Organizer in Adyalacherry Elementary School, Lathur Panchayat Union, Cheyyur Taluk, Kancheepuram District, on the ground that when the petitioner is residing within the distance of 3 kms from the said School, the 4th respondent has been appointed as Noon Meal Organizer, who is residing away, more than the distance of 3 kms from the said school.

3.This Court is unable to find any substance in the contention made by the petitioner, reason is that if the 4th respondent is appointed as Noon Meal Organizer in the Adyalcherry Elementary School, Lathur Panchayat Union, the petitioner should have challenged the said appointment order on a strong ground, like the educational qualification and superior merit. The learned counsel for the petitioner is not able to point out any superior merit of the petitioner in comparison with the qualification of the 4th respondent, who was appointed as Noon Meal Organizer. Unsustainable argument was made by the learned counsel for the petitioner before this Court that the 4th respondent, who is residing more than 3 kms away from the school, has been appointed as Noon Meal Organizer. Further, it is not known whether the 4th respondent is residing more than 3 kms away or not. Under such circumstances, this Court is not inclined to entertain the writ petition, as there is no merit in it.

Accordingly, the writ petition is dismissed. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ssv

To 1.The District Collector, Collectorate, Kancheepuram District.

2.The Secretary, Social Welfare Department, St.George Fort, Chennai-9.

3.The Block Development Officer, Lathur Panchayat Union, Pownzur, Cheyyur Taluk, Kancheepuram District.

W.P.No.27664 of 2017 and W.M.P.No.29611 & 295612 of 2017 sr(co) aa22/11/2017