J.Ayisha Bee v. District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :21.02.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No. 15648 of 2018 and W.M.P.No. 18584 of 2018 J.Ayisha Bee ..Petitioner vs

1. District Collector Tiruvannamalai District Tiruvannamalai

2. District Programme Officer Integrated Child Development Services Scheme Collector Office Tiruvannamalai District Tiruvannamalai - 606 604

3. Principal Secretary to Government Integrated Child Development Services Tharamani Chennai - 600 113 ..Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 appoint the petitioner as Anganvadi Worker in the Child Development Service Programme, Chinnakollapadi Centre, Chengam Region, Tiruvannamalai District pursuant to petitioner's application dated 24.08.2017 and Interview Call letter dated 05.09.2017.

For Petitioner : M/s.V.P.Rajendran For Respondents : M/s.A.N.Thambidurai Special Government Pleader

O R D E R

The relief sought for in the present writ petition is to direct the respondents 1 to 3 to appoint the petitioner as Anganwadi worker in the Child Development Service Programme, Chinnakollapadi Centre, Chengan Region, Thiruvannamalai District, pursuant to the petitioner's application dated 24.08.2017.

2. The learned counsel for the writ petitioner states that the petitioner is the only candidate who applied for appointment to the post of Anganvadi worker and got selected in the interview. However, the petitioner was not appointed, on the ground that she is residing, 33 kilometers away from the center.

3. The learned Special Government Pleader made a submission that the post of Anganvadi worker in the Child Development Service Programme Chinnakollapadi Center is reserved for BC Muslim (in priority). Undoubtedly, the writ petitioner is BC Muslim. However, the petitioner is residing, 33 kilometers away from the center and therefore, as per the provisions, she is not eligible for appointment. However, the post is kept vacant and no appointment is made in the said post. The respondents have to issue a fresh notification for the purpose of filling up the post. It is made clear that the respondents shall take steps to fill up the post by following the procedures contemplated. In the event of publication of any such notification all eligible persons can participate in the process of selection, including the petitioner, if she is qualified.

4. With these observations, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

kmm To 1.District Collector Tiruvannamalai District Tiruvannamalai 2.District Programme Officer Integrated Child Development Services Scheme Collector Office Tiruvannamalai District Tiruvannamalai - 606 604 3.Principal Secretary to Government Integrated Child Development Services Tharamani Chennai - 600 113 +1cc to Mr.V.P.Rajendran, Advocate Sr.16812 +1cc to the Government Pleader Sr.17043 W.P.No.15648 of 2018 gj ii[co] srg 26/03/2019