Aided Elementary School v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.01.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.Nos.1982, 55 and 56 of 2014 And M.P.Nos.1 to 1 of 2014 Aided Elementary School Rep. by the Manager C.Manavalan V.Nayambadi - 694 191.

Gingee Tk., ... Petitioner in W.P.1982 of 2014 Aided Elementary School Rep. by its Manager Thiru.P.Krishnamoorthy Pudupet, Sankarapuram Taluk, ... Petitioner in W.P.55 of 2014 Aided Elementary School Rep. by its Manager K.A.Palayam Ulundurpet Taluk, ... Petitioner in W.P.56 of 2014 Vs.

1.The State of Tamil Nadu Rep. by the Secretary to the Government, Social Welfare and Nutritious Programme (NMP-1) Department, Fort St.George, Chennai - 600 009.

2.The District Collector, 3.The Personal Assistant to the Collector Noon Meal Scheme, ... Respondents in all the W.Ps.

Ginjee Panchayat Union, ... Respondent in W.P.1982 of 2014

Sankarapuram Panchayat Union, ... Respondent in W.P.55 of 2014 Ulundurpet Panchayat Union, ... Respondent in W.P.56 of 2014 Common Prayer:

Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to appoint suitable person from the list of candidates dated 06.01.2014, 26.11.2013 and 04.12.2013 respectively, submitted by the Petitioner's school for the post of Noon Meal Organiser, by registered post, courier and courier respectively, as per G.O.Ms.No.294 Social Welfare & Nutritious Meal Programme (NMP-I) Department dated 21.10.1993 and in the light of the order passed by this Hon'ble Court in W.A.(MD) No.125 of 2006 dated 05.10.2007.

For Petitioners : Mr.S.N.Ravichandran For Respondents : Mr.J.Ramesh Additional Government Pleader C O M M O N O R D E R These writ petitions have been filed seeking directions to the respondents to appoint suitable person from the list of candidates submitted by the petitioners - Schools for the post of Noon Meal Organiser.

2.The case of the petitioners is that they have submitted list of candidates to the respondents as per G.O.Ms.No.294 Social Welfare & Nutritious Meal Programme (NMP-I) Department dated 21.10.1993 to appoint suitable candidate in the post of Noon Meal Organiser, to fill up the vacancy in their School. However, the respondents failed to follow the Government Order and directly issued appointment orders ignoring the panel submitted by the petitioners. Hence, these writ petitions. 3.The learned counsel appearing for the petitioners submitted that the very same issue was dealt with by the Hon'ble Division Bench of the Madurai Bench of this Court in W.A.(MD) No.792 of 2012 etc., batch (The Secretary to Government of Tamil Nadu Vs. M.Muthulakshmi) on 22.03.2017 and the matter attained finality and hence, nothing survives for adjudication in these writ petitions.

4.In such view of the matter, these writ petitions stand disposed of as nothing survives for adjudication. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar pri To 1.The Secretary to the Government, Social Welfare and Nutritious Programme (NMP-1) Department, Fort St.George, Chennai - 600 009.

2.The District Collector, 3.The Personal Assistant to the Collector Noon Meal Scheme, Ginjee Panchayat Union, 5.The Commissioner/ Block Development Officer, Sankarapuram Panchayat Union, 6.The Commissioner/ Block Development Officer, Ulundurpet Panchayat Union, +1 cc to M/s.V.Jayaprakash Narayanan Advocate sr2216 +1 cc to Government Pleader sr2251 W.P.Nos.1982, 55 and 56 of 2014 And M.P.Nos.1 to 1 of 2014 sky(co) aa09/04/2021