Kasthuribai Gandhi Aided v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.08.2024

CORAM:

THE HONOURABLE MRS.JUSTICE N. MALA and W.M.P.No.4599 of 2016 Kasthuribai Gandhi Aided Elementary School Rep.by the Secretary R.Arul Balaji Pichanoor, Gudiyattam Vellore.

...

Petitioner Vs.

1. The State of Tamil Nadu Rep. By the Secretary to the Government Social Welfare and Nutritious Programme (NMP-I) Department, Fort St.George, Chennai 9

2. The District Collector, Vellore District.

3. The Personal Assistant to the Collector, Noon Meal Scheme Vellore District.

4. The Commissioner/Block Development Officer, Gudiyattam Panchayat Union Vellore District.

5. R. Devi ... Respondents

PRAYER : Writ Petition filed under Article 226 of Constitution of India, to issue Writ of Certiorarified Mandamus calling for the entire records connected with the impugned order passed by the 2nd respondent in Na.Ka.No.1334/2015/BG1, dated 29.01.2016 appointing the 5th respondent as Noon Meal Organiser in the school and quash the same and consequently direct the respondents to select the Noon Meal Organisers, Cooks and Noon Meal Assistants as per recommendation made by the school management as stipulated in G.O.Ms.No.294, Social Welfare and Nutritious Meal Programme (NMP-I) Department dated 21.10.1993.

For Petitioner : Mr.S.N.Ravichandran For Respondents : M/s.S.Anitha Spl. Government Pleader for R1 to R3 Mr.D.Suryanarayanan for R4 No appearance for R5

O R D E R

This writ petition has been filed to call for the entire records connected with the impugned order passed by the 2nd respondent in Na.Ka.No.1334/2015/BG1, dated 29.01.2016 appointing the 5th respondent as Noon Meal Organiser in the school and quash the same and consequently direct the respondents to select the Noon Meal Organisers, Cooks and Noon Meal Assistants as per recommendation made by the school management as

stipulated in G.O.Ms.No.294, Social Welfare and Nutritious Meal Programme (NMP-I) Department dated 21.10.1993.

2. When this writ petition was taken up for consideration, learned counsel for the petitioner fairly submitted that the issue raised in the writ petition is covered by the judgment dated 22.03.2017 in W.A.(MD).No.792 of 2012 etc., batch. The said judgment has been followed by the learned Single Judge in W.P.No.22248 of 2012 by order dated 29.02.2024 .

3. In view of the submission made by the learned counsel there is no need for a factual adjudication of this matter.

4. Accordingly by following the order of the learned Single Judge and the judgment passed by the Division Bench, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is also closed. 07.08.2024 dpq Index : Yes /No Speaking Order : Yes/No

N. MALA , J.

dpq To

1. The Secretary to the Government The State of Tamil Nadu Social Welfare and Nutritious Programme (NMP-I) Department, Fort St.George, Chennai 9

2. The District Collector, Vellore District.

3. The Personal Assistant to the Collector, Noon Meal Scheme Vellore District.

4. The Commissioner/Block Development Officer, Gudiyattam Panchayat Union Vellore District.

and W.M.P.No.4599 of 2016 07.08.2024