Jayanthi, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.12.2018
CORAM
THE HONOURABLE Dr.JUSTICE S.VIMALA W.P.No.17579 of 2018 and WMP.No.20856 of 2018 Jayanthi ... Petitioner
Versus
1. The District Collector, Cuddalore District.
2. The Block Development Officer, Nallur Panchayat Union, Nallur, Veppur Taluk, Cuddalore District.
3. The Commissioner, Panchayat Union, Nallur, Panchayat Union Primary School, Mel Nemilli, Nallur - 606 302, Cuddalore District.
4. Malathi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 30.06.2018 with regard to the illegality in appointment of Nutritious Meal Organiser in the third respondent School, conduct an enquiry into the same by affording reasonable opportunity to the petitioner as well as the selected candidate.
For Petitioner :Mr.S.Saravana Kumar For Respondents :Mr.R.S.Selvam, Government Advocate.
ORDER
The writ petition has been filed by the petitioner seeking issuance of a writ of Mandamus to the 1st respondent to consider the petitioner's representation dated 30.06.2018 for the appointment as Nutritious Meal Organiser in the third respondent
School and to conduct an enquiry into the alleged illegalities in the appointment process by affording an opportunity to all the persons.
2. The learned counsel for the petitioner submits that the notification for filling up 597 posts of Nutritious Meal Organizer at Cuddalore was published on 27.01.2017. The petitioner has passed 10th standard and the petitioner is eligible for the said post. As per the norms, for the candidates, those who passed 10th standard, 5 marks to be awarded and for candidates, who have passed 12th standard, 3 marks is awarded and for the candidates, who completed Graduation, further 2 marks is awarded. It is further averred that interview was held on 01.06.2018, in which, the petitioner scored 28 marks and stood first and that the fourth respondent herein, who scored 24 marks, stood eleventh. However, the fourth respondent was issued with appointment order, but the petitioner did not get any appointment order so far. Hence, the petitioner sent a representation dated 30.06.2018 to the first and second respondent. Since there was no response from the respondents, the present writ petition has been filed.
3. Though the fourth respondent is arrayed as a party, who has interest in the outcome of the petition, it is not necessary to put the fourth respondent on notice in view of the nature of the order that is proposed to be passed by this Court.
4. Heard the learned counsel on either side and perused the materials placed on record.
5. Since the main relief pertains to consideration of representation of the petitioner, this Court is of the view that it is not necessary to dwell into the merits of the issue, but it would suffice to direct the respondents to consider the representation submitted by the petitioner on 30.06.2018 and pass orders on the same within a particular time frame. 6.In the above circumstances, the writ petition is disposed of, directing the respondents to consider the representation of the petitioner dated 30.06.2018 and pass orders thereon, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar klt
To
1. The District Collector, Cuddalore District.
2. The Block Development Officer, Nallur Panchayat Union, Nallur, Veppur Taluk, Cuddalore District.
3. The Commissioner, Panchayat Union, Nallur, Panchayat Union Primary School, Mel Nemilli, Nallur - 606 302, Cuddalore District.
+1cc to Mr.S.Saravana Kumar, Advocate, S.R.No.83568 +1cc to Mr.R.S.Selvam, Advocate, S.R.No.83778 +1cc to the Government Pleader, S.R.No.83734 W.P.No.17579 of 2018 and WMP.No.20856 of 2018 CS/14/12/2018