B.Sujatha v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P. No.17657 of 2021 B.Sujatha ...

Petitioner Vs.

1. The District Collector, Vellore.

2. The Child Development Officer, Madhanur, Vellore District.

3. T.Ramya ... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the 1st respondent herein to consider and pass orders on the petitioner's representation, dated 11.04.2018. For Petitioner :

Mr.S.V.Karthikeyan For Respondents For R1 and R2 :

Mr.T.Rajendran, Additional Government Pleader For R3 :

Mr.P.Ganesan

ORDER

The petitioner who had applied for the post of Anganvadi worker in the year 2012, has come up with this Writ Petition. The case of the petitioner is that the petitioner belongs to BC category and one post of Anganwadi worker was reserved for BC category. The 3rd respondent has been appointed to the said post. It is the claim of the petitioner that the 3rd respondent does not belong to BC category and she belongs to SC category.

2. Mr.S.V.Karthikeyan, learned counsel for the petitioner submitted that as per the information received under Right to Information Act, the 3rd respondent belonged to BC category because of conversion of her caste from Hindu Adidravidar to Christian Adidravidar. It is further submitted that the 3rd respondent obtained 31 marks and the petitioner has obtained 29 marks and that the 3rd respondent who got higher marks had been appointed. Hence, the petitioner made a representation to conduct detailed enquiry in this regard by the respondents.

3. Considering the above, this Court is of the view that it is up to the respondents to consider the claim of the petitioner that whether the person

who had converted from one caste to another, can also be considered for employment. In this regard the representation of the petitioner should be considered. Though the representation is of the year 2018, the petitioner is directed to make fresh representation and on receiving such representation, the respondents are directed to consider the same and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of the representation.

4. With the above observation, this Writ Petition is disposed of. No costs.

05.01.2024 Index: Yes / No Speaking order / Non-speaking order vum To:

1. The District Collector, Vellore.

2. The Child Development Officer, Madhanur, Vellore District.

R.N.MANJULA ,J.

vum

W.P. No.17657 of 2021 05.01.2024