R.Madheswari v. The Secretary To The Govt.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2016
CORAM:
THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.No.28582 of 2012 and M.P.Nos.2 & 3 of 2012 1 R.MADHESWARI W/O. UDHAYASURIYAN, MOOLASITTLING VILLAGE, SITTLING POST, HARUR TALUK DHARMAPURI DIST. ..PETITIONER Vs.
1 THE SECRETARY TO THE GOVT.
SOCIAL WELFARE DEPARTMENT FORT ST. GEORGE CHENNAI.
2 THE SPECIAL COMMISSIONER INTEGRATED CHILD DEVELOPMENT SERVICES SCHEME PAMMAL NALLATHAMBI ROAD TARAMANI CHENNAI-13. 3 THE DISTRICT COLLECTOR OFFICER OF THE DISTRICT COLLECTOR DHARMAPURI DIST.
4 THE DISTRICT SCHEME OFFICER INTEGRATED CHILD DEVELOPMENT SERVICES SCHEME RAILWAY LINE ROAD APPAVU NAGAR DHARMAPURI DIST.
5 CHILD DEVELOPMENT SERVICES SCHEME OFFIC E HARUR DHARMAPURI DIST.
6 S.HELEN W/O. MANI, A.K.THANDA VELANOOR POST, HARUR TALUK, DHARMAPURI DIST. ..RESPONDENTS Prayer:
Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari Mandamus, calling for the records of the 4th
respondent in Na.Ka.No.606/A1/2012 dated 22.8.2012 quash the same and direct the 4th respondent to appoint the petitioner to the post of Anganwadi worker at Moola Sittling Centre, Harur. For Petitioner : Mr.W.M.Abdul Majeed For Respondents 1 to 5 : Mr.K.Rajendra Prasad, Govt.Advocate For Respondent No.6 : Mr.R.Ezhilarasan *****
O R D E R
Challenging the appointment of the respondent No.6 to the post of Anganwadi worker for Moola Sitting Centre (Mini), Harur, Dharmapuri District, the petitioner seeks Certiorari Mandamus to set aside the order passed by the fourth respondent in Na.Ka.No.606/ A1/2012 dated 22.8.2012 and consequently, direct the respondent No.4 to appoint the petitioner to the post of Anganwadi worker at Moola Sittling Centre, Harur. 2 The petitioner claims appointment only on the basis that she is residing within a Kilometre away from the Centre and the respondent No.6 is younger then the petitioner. The learned counsel for the petitioner relied on the order passed by this Court in W.P.No.28582 of 2012, dated 28.02.2012.
3 Counter affidavit has been filed on behalf of the respondents 1 to 5 wherein it has been stated that the 6th respondent was selected and appointed by the third respondent on the basis of marks obtained by the candidates appeared before the Selection Committee. 6th respondent was selected since she got all the requisite qualifications such as educational qualification, age, native, distance and higher marks obtained in the interview.
4 The learned Government Advocate for the respondents 1 to 5 would contend that the petitioner is not eligible even to apply for the said post since she has not passed 10th Standard. 5 A perusal of mark sheet in page No.3 of typed set filed by the petitioner herself would clearly show that she had failed in 10th Standard whereas respondent No.6 passed 10th Standard and obtained higher marks in the interview. Therefore, she had been selected for the said post.
Thus, the writ petition is dismissed. Consequently, connected miscellaneous petitions are also dismissed. No costs. vaan Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1 THE SECRETARY TO THE GOVT.
SOCIAL WELFARE DEPARTMENT FORT ST. GEORGE CHENNAI 2 THE SPECIAL COMMISSIONER INTEGRATED CHILD DEVELOPMENT SERVICES SCHEME PAMMAL NALLATHAMBI ROAD TARAMANI CHENNAI-13 3 THE DISTRICT COLLECTOR OFFICER OF THE DISTRICT COLLECTOR DHARMAPURI DIST.
4 THE DISTRICT SCHEME OFFICER INTEGRATED CHILD DEVELOPMENT SERVICES SCHEME RAILWAY LINE ROAD APPAVU NAGAR DHARMAPURI DIST.
5 CHILD DEVELOPMENT SERVICES SCHEME OFFICE HARUR DHARMAPURI DIST.
+ 2 ccs to Mr.R.Ezhilarasan, Advocate Sr 33232 KR/6/7/16 W.P.No.28582 of 2012 and M.P.Nos.2 & 3 of 2012