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Madras High CourtWP/18769/2018dismissed

R.S.Revathi, v. The Principal Secretary To

2024-07-29Honourable Mr.Justice Mummineni Sudheer Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2024

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR R.S.Revathi ... Petitioner Vs.

1. The Principal Secretary to Government, Department of Social Welfare & Nutrition Noon Meal Scheme, Fort St. George, Chennai - 600 009.

2. The District Collector, Office of the District Collector, Cuddalore District.

3. The P.A to District Collector, Noon Meal Scheme, Cuddalore District.

4. The Block Development Officer, Annagramam Panchayat Union,

5. Mrs.Devi ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the respondent 4 pursuant to the call letter dated 29.05.2018 vide Na.Ka No.A5/ 00260/2017 for an interview on 31.05.2018 and quash same and further direct

the respondents Nos. 2 to 4 to issue order of appointment to the petitioner. For Petitioner : Mr.S.Senthil Nathan For R1 to R4 : M/s.V.Yamunadevi, Special Government Pleader For R5 : Mr.R.Thirumoorthy

O R D E R

This Writ Petition has been filed seeking a writ of certiorarified mandamus to call for the records of the Respondent No.4 pursuant to the Letter bearing Na.Ka.No.A5/00260/2017 dated 29.05.2018 and the interview that took place on 31.05.2018 and sought for a consequential direction to appoint the petitioner as 'Noon Meal Organizer' for Annagramam Panchayat Union,

2. The petitioner along with 13 others participated in the recruitment process for being appointed to the post of 'Noon Meal Organizer' and accordingly appeared for interview on 31.05.2018. It is thereafter alleging that another candidate, who secured 20 marks only is going to be appointed to the said post ignoring the claim of the petitioner, who claimed to have secured 35 marks, the petitioner approached this Court by filing the present Writ Petition.

3. In response to the notice ordered by this Court, the Respondent No.4 filed a counter-affidavit. Thereafter, the petitioner impleaded the Respondent No.5, who was selected and appointed to the said post of 'Noon Meal Organizer' and accordingly, the Respondent No.5 also filed a counter-affidavit. From the counter-affidavit filed by the Respondent No.4, it is noticed that the Respondent No.5, who secured highest marks in the interview conducted for the short-listed candidates was selected and appointed to the post of 'Noon Meal Organizer'. However, the counter is silent as to how much marks the Respondent No.5 had secured. In view of the same, this Court directed the Respondent No.4 to produce the entire records pertaining to the interview that was conducted on 31.05.2018. Accordingly, the record is placed before this Court.

The perusal of the said record discloses that, the petitioner herein secured 40 marks including 10 marks allotted for the interview and whereas the Respondent No.5 secured 41 marks out of which 14 marks are allotted for the interview. Further, it is evident that the Respondent No.5 herein is the one who secured highest marks viz., 41 marks among all.

4. In the light of the above, there is nothing to indicate that the candidate who secured lesser marks than the petitioner was appointed and on the other

hand, it is established that the person who secured highest marks viz., the Respondent no.5 herein, who secured 41 marks, as against 40 marks secured by the petitioner was appointed as 'Noon Meal Organizer'.

5. In the light of the above, this Court does not find any merit in the Writ Petition and the same is accordingly dismissed. No costs. Connected Miscellaneous Petitions, if any shall stand closed. 29.07.2024 skr Index : Yes / No Speaking order / Non-speaking order To

1. The Principal Secretary to Government, Department of Social Welfare & Nutrition Noon Meal Scheme, Fort St. George, Chennai - 600 009.

2. The District Collector, Office of the District Collector, Cuddalore District.

3. The P.A to District Collector, Noon Meal Scheme, Cuddalore District.

4. The Block Development Officer,

Annagramam Panchayat Union,

MUMMINENI SUDHEER KUMAR, J.

skr 29.07.2024