G.Anandhi, W/O.S.Sudhirrao, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 12183 of 2017 and W.M.P. No. 12980 of 2017 G.Anandhi ... Petitioner -vs1. The District Collector Salem District, Salem.

2. The Commissioner Edapadi Panchayat Union Edapadi, Salem District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to consider the Petitioner's disability certificate while filling up the post of Noon Meal Organizer in Government Aided (RC) Elementary School, Vellandivalasu, Edapadi Taluk, Salem District. For Petitioner :Mrs. R.Hemalatha for Mr. C.Prakasam For Respondents :Mr. V.Arun Additional Advocate General assisted by Mr. P.Gurunathan, Additional Government Pleader (for R1) Mr. M.Elumalai (For R2)

O R D E R

Heard Mrs. R.Hemalatha, Learned Counsel appearing for the Petitioner, Mr. V.Arun, Learned Additional Advocate General assisted by Mr. P.Gurunathan, Learned Additional Government Pleader appearing for the First Respondent and Mr. M.Elumalai, Learned Counsel appearing for the Second Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition has been filed for directing the Respondents to consider the Disability Certificate of the Petitioner while filling up the post of Noon Meal Organizer in Government Aided (RC) Elementary School, Vellandivalasu, Edapadi Taluk, Salem District.

3.

The grievance of the Petitioner in the Writ Petition is that though she is a physically disabled person, she has not been considered for appointment to the said post. 4.

Learned Counsel appearing for the Second Respondent, on instructions, states that the said post has not been exclusively reserved for disabled persons and all eligible candidates could participate in the selection process for that appointment and he has produced a copy of the list of Anganwadi Centres in Edapadi Panchayat Union showing the reserved posts for disabled persons which does not include the one that has been claimed by the Petitioner in this case.

5.

In such circumstances, the question of directing the Respondents to consider the disability certificate produced by the Petitioner for appointment does not arise. It is made clear that it will not preclude the Petitioner, if she is otherwise eligible, to participate in the recruitment process in accordance with law.

In fine, the Writ Petition is dismissed with the aforesaid observations. Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar Maya To

1. The District Collector, Salem District.

2. The Commissioner, Edapadi Panchayat Union, Edapadi, Salem District.

+1cc to Mr.M.Elumalai, Advocate, S.R.No.18958 +1cc to Mr.C.Prakasam, Advocate, S.R.No.19669 +1cc to the Government Pleader, S.R.No.19177 W.P. No. 12183 of 2017 SPD(CO) SU(11/05/2022)