The Correspondent v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2018

CORAM

THE HON'BLE Mr.JUSTICE R.SURESH KUMAR W.P.(MD) No.16040 of 2018 The Correspondent, C.S.I High School, Manamadurai-630606, Sivagangai District.

... Petitioner -vs1. The District Collector, Sivagangai District, Sivagangai.

2. The Personal Assistant to the District Collector (Noon Meal), Sivagangai District, Sivagangai.

3. The Block Development Officer, Manamadurai Block, Sivagangai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondents 1 and 2 herein to consider and pass orders on the petitioner's representation dated 15.06.2018 seeking to fill up the post of Noon Meal organizer and Cooking Assistant in the petitioner-School within a reasonable time as may be specified by this Court. For Petitioner : Mr.E.V.N.Siva For Respondents : Mr.K.Saravanan Government Advocate

O R D E R

The prayer sought for in this Writ Petition is for a writ of Mandamus, directing the respondents 1 and 2 herein to consider and pass orders on the petitioner's representation dated 15.06.2018 seeking to fill up the post of Noon Meal organizer and Cooking Assistant in the petitioner School within a reasonable time as may be specified by this Court.

2. Heard Mr.E.V.N.Siva, learned counsel appearing for the petitioner and Mr.K.Saravanan, learned Government Advocate appearing for the respondents.

3. The learned counsel for petitioner submits that the petitioner is a recognized Minority aided Institution. In the Institution, the Government Noon Meal Scheme is underwent. In order to administer the said Noon Meal Scheme, there must be a Noon Meal Organizer and Cooking Assistant. Since both posts were vacant, the first respondent called for applications from the eligible candidates. Based on the applications submitted by the eligible candidates, two persons name had been recommended by the petitioner's school to the first respondent for appointment, based on which, an interview also was conducted on 19.05.2017 and 09.02.2018, but, no appointment is sofar made to fill up the said posts. Therefore, the petitioner in this regard has given a representation on 15.06.2018 to the first respondent and if the said representation is considered and an order to that effect is passed within a time frame, by the respondents, the petitioner would be satisfied.

4. I have heard Mr.K.Saravanan, learned Government Advocate appearing for the respondents, who would submit that the petitioner School has given a representation dated 15.06.2018 with regard to the appointment of the recommendees made by the School for the said posts, which would be considered on merits and an order to that effect would be passed within a time frame.

5. Considering the said submissions made by both the parties and also by taking into account, the factual matrix of this case, this Court is inclined to pass the following order:- "that the respondents, especially, the first and second respondents are directed to consider the representation of the petitioner school dated 15.06.2018, with regard to the grievance of the petitioner School for appointment to the post of Noon Meal Organizer and Cooking Assistant, in which the candidates' names have also been recommended by the petitioner, pursuant to which the first respondent had also conducted interview on 19.05.2018 and 09.02.2018, and pass orders thereon on merits for grant of appointment to those two recommendees, if they are otherwise eligible for such appointment and such order shall be passed by the first and second respondents within a period of four weeks from the date of receipt of a copy of this order."

6. With this direction, the Writ Petition stands disposed of. No costs.

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

To

1. The District Collector, Sivagangai District, Sivagangai.

2. The Personal Assistant to the District Collector (Noon Meal), Sivagangai District, Sivagangai.

3. The Block Development Officer, Manamadurai Block, Sivagangai District.

+ 1 CC TO Mr.E.V.N.SIVA, ADVOCATE IN SR No. 74490 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 74707 TSG TE/RP/SAR-2 : 16/08/2018 : 3P/6C W.P.(MD)No.16040 of 2018 23.07.2018