Annai Lourd High School v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.12.2023
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.No.15933 of 2020 and Annai Lourd High School, No.1, School Road, Rajiv Gandhi Nagar, Pattabiram, Chennai - 600 072.
Rep. by its Correspondent, D.Vargease, S/o. Late Daveed.
...
Petitioner versus 1.The District Collector, Tiruvallur District, Tiruvallur.
2.Personal Assistant to District Collector, (Noon Meal Programme) Tiruvallur District, Tiruvallur.
3.The Commissioner, Poonamallee Panchayat Union Office, Poonamallee, Chennai - 600 056.
...
Respondents 1/7
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 impugned order passed by the 2nd respondent in Se.Mu.Na.Ka. No.554/2020/ SaUooT1 dated 15.10.2020 and to quash the same and consequently directing the respondents to approve the appointment of S.Jerlin Chitra and R.Anitha, in the post of Cook Assistant and Cook respectively, from the date of appointment with all consequential and other attendant benefits.
For Petitioner :
Mr.S.Nedunchezhiyan For Respondents :
Mr.T.Chezhiyan Additional Government Pleader
O R D E R
The petitioner has filed this petition to quash the impugned order dated 15.10.2020 passed by the 2nd respondent in Se.Mu.Na.Ka. No.554/2020/ SaUooT1 and consequently direct the respondents to approve the appointment of S.Jerlin Chitra and R.Anitha, in the post of Cook Assistant and Cook respectively, from the date of appointment with all consequential and other attendant benefits.
2.
Heard Mr.S.Nedunchezhiyan, learned counsel for the petitioner, Mr.T.Chezhiyan, learned Additional Government Pleader for the respondents and perused the materials available on record. 2/7
3.
The petitioner is a minority aided School and it had chosen to fill up one Jerline Chitra as Cook Assistant and Anitha as Cook and sent a proposal to the 1st respondent for approval of the appointment. Since the appointment orders have not been issued, the petitioner has filed this Writ Petition seeking directions.
4.
As per G.O.(Ms).No.4, Social Welfare and Nutritious Noon Meal Programme Department, dated 06.01.2011, the minority aided Schools heve to issue due advertisement to call for applications for the posts of Cook Assistant and Cook. After scrutinising the applications, they have to conduct interview and prepare a list of eligible persons. The school management has to select 5 among the applicants and send recommendations for appointment. The 1st respondent / District Collector shall appoint one among them as Cook and another as Cook Assistant under the Nutritious Meal Programme.
5.
On perusal of records, it is seen that the notification has been given for inviting the applications by the respective local bodies. The Headmasters of the petitioner's School had scrutinised the list of eligible 3/7
candidates and had chosen some applicants for further scrutiny. Since only 2 members in the list were possessing the required certificates, the petitioner's School recommended the names of those two persons by names Jerline Chitra and Anitha for the posts of Cook Assistant and Cook respectively. 6.
Since the essential procedure laid down for recruiting the persons for the said posts have been complied and only 2 persons were found to be eligible and the proposal have been sent in this regard, the respondents have to consider and pass appropriate orders for issuing appointment orders to the above candidates.
7.
It is seen from the proceedings dated 15.10.2020 issued by the 2nd respondent / Personal Assistant to District Collector that as an interim appointment one Tamilselvi has been deputed to work in the Nutritious Meal Programme of the petitioner's School.
8.
Since the petitioner School in a minority Institution and it had complied the necessary procedure contemplated for appointing the said posts and duly sent the list of persons recommended, the 1st respondent 4/7
ought to have passed appropriate orders as per the procedure established in this regard.
9.
Since the 1st respondent has not considered and passed orders on the recommendations made by the petitioner, the 1st respondent is directed to consider the same and pass appropriate orders, by way of issuing orders of appointments by eventually withdrawing one Tamilselvi who was deputed by the 1st respondent to the petitioner's School within a period of six
(6) weeks from the date of receipt of a copy of this order With these directions, this Writ Petition is disposed. No costs. Consequently, connected Miscellaneous Petition is closed. 05.12.2023 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 5/7
To 1.The District Collector, Tiruvallur District, Tiruvallur.
2.Personal Assistant to District Collector, (Noon Meal Programme) Tiruvallur District, Tiruvallur.
3.The Commissioner, Poonamallee Panchayat Union Office, Poonamallee, Chennai - 600 056.
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R.N.MANJULA , J.
sri 05.12.2023 7/7