A.Kalaiselvi, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2023
CORAM
THE HONOURABLE MR.JUSTICE P.B.BALAJI W.P.No. 24737 of 2017 and W.M.P.No.26100 of 2017 A.Kalaiselvi ... Petitioner
Versus
1.The District Collector Salem District, Salem.
2.The District Project Officer, Integrated Child Development Project Officer, Office of District Collector, Salem District.
3.Child Development Project Officer(CDPO) ICDS, Vazhapadi Taluk Office, Vazhapadi, Salem District.
4. Mrs.Rajeswari ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, prays to issue a Writ of Mandamus, directing the 1st respondent to appoint the petitioner, pursuant to the notice published by the 1st respondent in the news paper dated 08.08.2017, the petitioner who belongs to the Adidravidar Community as Anganwadi Employee in the Anganwadi Unit in Seshanchavadi West Colony in Vazhapadi Taluk, Salem District which post is reserved for persons belonging to Adidravidar Community as per the Communal Rotation policy under the Integrated Child Development Project in Salem District in the place of the 4th respondent. 1/6
For Petitioner : M/s.C.Uma For Respondents 1 to 3 : Mr.V.Arun Additional Advocate General Assisted by Mr.R.Kumaravel Additional Government Pleader For Respondent 4 : No appearance
O R D E R
This writ petition has been filed seeking issuance of a writ of mandamus, directing the 1st respondent to appoint the petitioner in the Anganwadi Unit in Seshanchavadi West Colony in Vazhapadi Taluk, Salem District in the place of the 4th respondent.
2. The case of the writ petitioner is that she belongs to Hindu Adidravidar Community and she is a resident of Kaduveppilaipatti Panchayat. The petitioner further states that she is physically challenged and she had an intercaste marriage to one Raja and she also states that she has passed 10th standard and has also done Diploma in Computer Engineering. On 08.08.2017, the 1st respondent invited applications for filling up of vacant post of Anganwadi Employees in Anganwadi Units under the Integrated Child Development Project. The petitioner being possessed of all the qualifications, applied for the said post and also attended the interview. It is 2/6
the specific case of the petitioner that as the petitioner is belonging to the Adidravidar community-priority category, she ought to have been preferred over the 4th respondent, who belongs to the Arunthathiyar community which does not enjoy any priority. Hence, she has approached this Court by way of filing a writ petition challenging the appointment of the 4th respondent.
3. Though the prayer sought for in the writ petition is only for issuance of a writ of mandamus, the respondents have filed counter affidavit and an additional counter affidavit. In the additional counter filed by the 3rd respondent, it is stated that the petitioner is not a resident of the village in which the centre was located at the relevant point of time. Therefore, her case was not considered favourably. However, the learned Additional Advocate General fairly concedes that the appointment of the 4th respondent is improper since she does not belong to Adidravidar community which alone enjoys priority. He also relied upon the order passed by this Court in W.P.No.924/2018 dated 08.11.
2022, which drives home the point that the Court should not interfere with the assessments made by the respondents unless the procedure is tainted with mala fides or some kind of corruption is established. Even as per the G.
same village, the persons, who reside in adjoining villages, subject to the same being within 10 kms distance, could be considered.
4. Heard the learned counsel for the petitioner and the learned Additional Advocate General assisted by the learned Additional Government Pleader for the respondents 1 to 3.
5. Considering the above, this Court is unable to come to the rescue of the writ petitioner. However, at the same time, the appointment of the 4th respondent, who does not belong to the priority category namely, Adidravidar community cannot continue to hold the post as her appointment is clearly illegal and improper.
6. In view of the above, the 1st and 2nd respondents shall take up necessary follow up measures to recruit and fill up the post by following due procedure of law within a period of six weeks from the date of receipt of a copy of this order. It is made clear that if the petitioner is eligible, she will be entitled to apply for the post despite the orders passed in the writ petition and without being prejudiced by any of the observations made. Till this exercise is completed, the 4th respondent shall be permitted to continue in the said post. 4/6
7. With the above directions, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. 14.06.2023 Index : Yes / No Internet: Yes Speaking/non speaking order nr To 1.The District Collector Salem District, Salem.
2.The District Project Officer, Integrated Child Development Project Officer, Office of District Collector, Salem District.
3.Child Development Project Officer(CDPO) ICDS, Vazhapadi Taluk Office, Vazhapadi, Salem District.
5/6
P.B.BALAJI, J., nr W.P.No. 24737 of 2017 and W.M.P.No.26100 of 2017 14.06.2023 6/6