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Madras High CourtWP/33323/2018dismissed

Sangeetha v. The District Collector

2019-04-10Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2019

CORAM

THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.33323 of 2018 and WMP.No.38665 of 2018 Sangeetha

...Petitioner

Vs

1. The District Collector, Villupuram District, Villupuram.

2. The District Scheduled Caste and Schedule Tribal Welfare Officer, Villlupuram District, Villupuram.

3. The Block Development Officer, Chinnasalem Panchayat Union, Villupuram District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ or order or orders or direction particularly in the nature of Writ of Mandamus, directing the 3rd respondent to appoint the petitioner as Cook in the Noon Meal Scheme at Panchayat Union Middle School, Mattigaikurichin village pursuant to her participation in the interview held on 07.09.2018.

For Petitioner : Mr.S.Sivakumar For Respondents : Mr.R.S.Selvam, Govt.Advocate for R1 & R2 Mrs.Rajalakshmi, Addl.Govt.Pleader for R3

O R D E R

The grievances of the writ petitioner is that the respondents are initiating steps to appoint non-scheduled caste candidate in the post of Noon Meal Organizer, which is reserved for the scheduled caste candidate. It is clarified by the learned Government Advocate in his counter affidavit in para 8, which reads as follows:- "8.It is humbly submitted that the 3rd respondent conducted an interview as per the notification dated 28.07.2018. After perusing all the certificates and https://hcservices.ecourts.gov.in/hcservices/

documents by the Applicants thereafter only, the 3rd respondent forwarded all the applications to the District Collector, Villupuram District. The 3rd respondent has not received any application other than the scheduled caste community for the Panchayat Union Middle School, Mattigaikurichi, whereas the said post of Cook is particularly reserved for Scheduled Caste Community. As on date the District Collector has not appointed any person to the post of Cook, Noon Meal Organizer, and Cook Assistant all are under process. The present writ petition is premature and the petitioner filed the present writ petition with malafide intention."

2. In view of the clarification, no further adjudication required in the present writ petition and accordingly, the writ petition stands dismissed. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Pkn To

1. The District Collector, Villupuram District, Villupuram.

2. The District Scheduled Caste and Schedule Tribal Welfare Officer, Villlupuram District, Villupuram.

3. The Block Development Officer, Chinnasalem Panchayat Union, Villupuram District.

+1cc to Mr.S.Sivakumar, Advocate sr.35645 +1cc to Government Pleader sr.35807 W.P.No.33323 of 2018 rsv(co) nr 13/05/2019 https://hcservices.ecourts.gov.in/hcservices/