Mrs.A.Sangeetha Lakshmi, 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. 28804 of 2017 and W.M.P. Nos. 30995 and 30996 of 2017 A. Sangeetha Lakshmi ... Petitioner -vs1. The District Collector, Cuddalore District, Collectorate, Cuddalore-607 001.

Cuddalore District.

2. The District Education Officer, District Education Office, Manjakkuppam, Cuddalore, Cuddalore District.

3. The Tahsildar, Veppur, Cuddalore-606 304.

Cuddalore District.

4. The Block Development Officer, Nallur, Cuddalore-606 304.

Cuddalore District.

5. The Project Officer, Combined Child Development Scheme, #230/38, Mari Amman Koil Street, Nallur, Cuddalore-606 302.

Cuddalore District.

... Respondents Prayer:- Writ Petitions filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorari, calling for records pertaining to the order of the Fifth Respondent Impugned order of selection list dated 19.09.2017 which was published in the website for the post of Anganwadi Workers, Secondary Anganwadi Workers and Anganwadi Assistants and quash the same.

For Petitioner : No appearance For Respondents : Mr. V.Arun Additional Advocate General assisted by Mrs. C.Sangamithirai Special Government Pleader

O R D E R

Heard Mr. V.Arun, Learned Additional Advocate General assisted by Mrs. C.Sangamithirai, Learned Special Government Pleader appearing for the Respondents, and perused the materials placed on record, apart from the pleadings of the parties. 2.

There is no representation for the Petitioner when the matter was called on 01.03.2022 as well as today. 3.

The Petitioner, who had applied for the posts of Mini Anganwadi Worker in Varambalur Ambedkar Nagar, Mini Anganwadi Centre, but had not been selected, has challenged the selection list dated 19.09.2017 in this Writ Petition.

4.

Having regard to the contentions raised, Learned Special Government Pleader appearing for the Respondents has brought to the notice of this Court that clause 3.5 of G.O. (Ms) No. 110, Social Welfare and Nutritious Meal Programme (SW7) Department dated 14.05.2012, provides as follows:

"3.5 Age limit:- Candidates who have completed 25 years and who are not more than 35 years of age will be recruited.

The upper age limit for all categories shall be extended by 5 years (five years) for Widows, destitute and candidates in Hill areas (35+5=40) and Minimum age for candidates in Hill areas shall be reduced by 5 years (25-5=20)."

In the Counter-Affidavit dated 16.03.2022 filed by the Fifth Respondent, it has been stated that that the Petitioner was born on 21.06.1982 and had crossed the age limit of 35 years on 30.08.2017, when the selection to the relevant post was made and could not be considered for appointment. It is further stated that since the selected person, viz., V.Vidhya Manimaran, who was a widow, was entitled to the age relaxation of 5 years. That apart, the Petitioner has not impleaded the selected candidate as a party in this Writ petition. As such, there does not appear to be any justification to interfere with the impugned order in the exercise of discretionary powers of judicial review of the decision-making process under Article 226 of the Constitution.

In fine, the Writ Petition is dismissed. Consequently, the connected miscellaneous petitions are closed. No costs. Sd/- Assistant Registrar(CS-V) //True copy// Sub Assistant Registrar gd To

1. The District Collector, Cuddalore District, Collectorate, Cuddalore-607 001.

Cuddalore District.

2. The District Education Officer, District Education Office, Manjakkuppam, Cuddalore, Cuddalore District.

3. The Tahsildar, Veppur, Cuddalore-606 304.

Cuddalore District.

4. The Block Development Officer, Nallur, Cuddalore-606 304.

Cuddalore District.

5. The Project Officer, Combined Child Development Scheme, #230/38, Mari Amman Koil Street, Nallur, Cuddalore-606 302.

Cuddalore District.

Copy to A. Sangeetha Lakshmi, W/o. R.Arumugam, No. 98/21, Mari Amman Koil Street, VarambnourPost, Veppur Taluk, Cuddalore District.

+1cc to Government Pleader SR.No.19181 W.P. No. 28804 of 2017 AK -II(CO) GMY(11/05/2022)