T.R.Jayaraman v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.06.2023
CORAM:
THE HONOURABLE MR. JUSTICE P.B.BALAJI and W.M.P.No.5822 of 2017 T.R.Jayaraman Secretary, M.N.A. Aided Middle School, Mayurananthar Mela Madavilagam, Mayiladuthurai - 609 001.
...Petitioner
-Vs1. The State of Tamil Nadu, Rep by its Principal Secretary to Government, Social Welfare & Nutritious Meal Program Department, Secretariat, Fort St. George, Chennai - 600 009.
2. The District Collector, Nagapattinam, Nagapattinam District.
3. The Block Development Officer, Mayiladuthurai Union, Nagapattinam District.
(R3 amended as per order of this Court dated 10.07.2017 in W.M.P.No.
6351 of 2017 in W.P.No.5468 of 2017) ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to impugned Notification issued by the second respondent through paper advertisement in No.Nil dated 31.01.2017 and to quash the same and consequently direct the respondents to conduct selection to the post of Noon Meal Organizer by adopting method of selection involving participation of the school management and in compliance with other legal requirements.
For Petitioner : Mr.S.Neduncheahiyan For Respondents : Mr.V.Arun Additional Advocate General For Mr.R.Kumaravel Additional Government Pleader
ORDER
The Writ Petition has been filed to quash the impugned Notification issued by the second respondent through paper advertisement in No.Nil dated 31.01.2017 and consequently direct the respondents to conduct selection to the post of Noon Meal Organizer by adopting a method of selection involving participation of the school management and in compliance with other legal requirements. 2.
The petitioner challenges the G.O.Ms.No.4 dated 06.01.2011 and G.O.Ms.No.72, dated 30.04.2012, Social Welfare and Nutrition Meal Programme (NMS-2) Department. However, the learned
Additional Advocate General brought to my notice that the issue is no longer res-integra, since the Hon'ble Division Bench of this Court in a batch of Writ Appeals in W.A.(MD) No.792 of 2012 etc., in and by a common judgment dated 22.03.2017, upheld the validity of the said G.O. Subsequently, a learned Single Judge of this Court, by order dated 23.08.2022 in W.P.No.5211 of 2017 has followed the ratio laid down by the Hon'ble Division Bench and dismissed the petition challenging the said G.O.
3.
This Court is bound by the decision of the Hon'ble Division Bench. Since G.O.Ms.No.4, dated 06.01.2011 has already been upheld, the Writ Petition fails and accordingly the Writ Petition stands dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to cost.
21.06.2023 Internet: Yes Index : Yes/No Speaking/Non Speaking order rts
P.B.BALAJI. J, rts To
1. The Principal Secretary to Government, State of Tamil Nadu, Social Welfare & Nutritious Meal Program Department, Secretariat, Fort St. George, Chennai - 600 009.
2. The District Collector, Nagapattinam, Nagapattinam District.
3. The Block Development Officer, Mayiladuthurai Union, Nagapattinam District.
and W.M.P.No.5822 of 2017 21.06.2023