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Madras High CourtWP(MD)/3712/2019closed

G.Geetha, W/O. Selvam, v. The State Of Tamil Nadu

2019-03-07Honourable Mr Justice R. Mahadevan3 pages

THE MADURAI BENCH OF MADRAS HIGH COURT DATED :07.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.3712 of 2019 and W.M.P.(MD)Nos.2916 and 2917 of 2019 G.Geetha ... Petitioner Vs.

1.The State of Tamil Nadu represented by its Secretary, Department of Social Welfare and Nutritious Meal Programme, Fort St.George, Chennai - 600 009.

2.The Commissioner for Social Welfare, Office of the Commissioner of Social Welfare, Chindhadripet, Chennai - 600 002.

3.The Commissioner of Integrated Child Development Services, Pammal Nallathambi Street, Taramani, Chennai - 600 113.

4.The District Collector, Theni District, Theni.

5.P.A.to District Collector, Office of the District Collectorate Office, Theni District, Theni.

6.The District Project Officer, ICD Scheme, Collectorate Campus, Theni, Theni District.

7.The Child Development Project Officer, Office of the Child Development Project Office, Bodinayakkanur, Theni, Theni District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to forebear the respondents from filling up the posts of Anganwadi Workers, Mini Anganwadi Workers and Anganwadi Helpers without publishing public notification notifying the vacancies and the communal roster and consequently to direct the respondents to issue public notification notifying the vacancies and communal roster for recruitment to the post of Anganwadi Worker, Mini Anganwadi Workers and Anganwadi Helpers and proceed with the recruitment process of Anganwadi Worker in conformity with Article 14 and 16 of the Constitution of India

within the period that may be stipulated by this Court. For Petitioner : Mr.Mohammed Imran for M/s.Ajmal Associates For Respondent : Mrs.J.Padmavathi Devi Special Government Pleader ***

ORDER

The present writ petition is filed to forbear the respondents from filling the post of Anganwadi Workers, Mini Anganwadi Workers and Anganwadi Helpers without publishing public notification notifying the vacancies with the communal roster. 2.Heard the learned Counsel appearing on both sides. 3.The case of the petitioner is that after employment notification, she applied for the post of Anganwadi Worker in B.Meenakshipuram Village, which was earmarked for SC candidate and she also attended the interview. Subsequently, yet another employment notification was issued earmarking the above said place for BC candidate, and the petitioner made a representation, on 26.11.2018, to consider her case in view of the previous notification. However, there is no progress on the said representation. Hence, she approached this Court. 4.The learned Special Government Pleader appearing for the respondents, on instructions, submitted that the respondents have filled the above said post and hence, nothing survives for further adjudication in this case.

5.In response, the learned Counsel for the petitioner seeks liberty to challenge the very same selection process. 6.In view the above, the writ petition is closed with liberty to the petitioner as prayed for. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CRL SIDE) // True Copy // Sub Assistant Registrar(CS) To 1.The Secretary, Department of Social Welfare and Nutritious Meal Programme, Fort St.George, Chennai - 600 009.

2.The Commissioner for Social Welfare, Office of the Commissioner of Social Welfare, Chindhadripet, Chennai - 600 002.

3.The Commissioner of Integrated Child Development Services, Pammal Nallathambi Street, Taramani, Chennai - 600 113.

4.The District Collector, Theni District, Theni.

5.P.A.to District Collector, Office of the District Collectorate Office, Theni District, Theni.

6.The District Project Officer, ICD Scheme, Collectorate Campus, Theni, Theni District.

7.The Child Development Project Officer, Office of the Child Development Project Office, Bodinayakkanur, Theni, Theni District.

+1cc to M/S.AJMAL ASSOCIATES, Advocate, SR.No.52556 +1cc to M/s.Special Government Pleader,SR.No.52754 ORDER MADE IN WP(MD)No.3712 of 2019 CMR KK/SAR/15.04.2019/ 3P- 10C