S. Rajeshwari v. The Director Of Public

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) Nos.9010 & 9011 of 2015 and M.P.(MD) Nos.2 & 2 of 2015 S.Rajeshwari :Petitioner in W.P.(MD) No.9010/2015 P.Pandiselvi :Petitioner in W.P.(MD) No.9011/2015 vs.

1.The Director of Public Health and Preventive Medicine, No.359, Annasalai, D.M.S.Complex, Thenampet, Chennai-6.

2.The Director and Project Director, Combined Child Development Services, Pammal Nallathambi Street, Tharamani, Chennai-600 113.

3.The District Project Officer, Child Development Project Officer, Melamadai-625 020, Madurai District :Respondents in both W.Ps. PRAYER (in both W.Ps.): Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus to call for the records pertaining to the impugned communication in Na.Ka.No.3944/E3-3/2015, dated .04.2015 on the file of the Respondent No.2 to the extent of fixing the age limit as 35 years as on 31.12.2015 and quash the same as illegal and consequently to direct the Respondent No.1 to select the petitioner for the Village Health Nurse Training without insisting for the age limit to be below 35 years as on 31.12.2015 within a time stipulated by this Court.

For Petitioner :

Mr.T.Lajapathi Roy (in both W.Ps.) For Respondents :

Mr.S.Dhayalan (in both W.Ps.) Government Advocate C O M M O N O R D E R The proceedings, dated...04.2015, issued by the Director and Project Director, Combined Child Development Services / second respondent are under challenge in the present writ petition. https://hcservices.ecourts.gov.in/hcservices/

2. On a perusal of the impugned proceedings, it is unambiguous that it is a circular communicated to all the District

Project Officers to send the particulars of the eligible candidates in the post of Anganwadi Workers for the purpose of providing them Village Health Nurse Training. In other words, the impugned circular states that the particulars of the eligible Anganwadi Workers are to be sent for the purpose of providing them Village Health Nurse Training. Such a circular would not provide any cause of action for the writ petitioners to challenge the same. If at all the writ petitioners are aggrieved from and out of any such promotion or appointment, then alone, a writ petition can be entertained.

Mere issuance of a circular to the District Project Officers directing them to send the particulars of the eligible Anganwadi Workers would not constitute a ground to file a writ petition nor this Court can grant any relief at this length of time, in view of the fact that the process of collection of particulars of the eligible Anganwadi Workers for the purpose of providing them Village Health Nurse Training had already been concluded long back. In view of efflux of time, no further adjudication is required in respect of the grounds raised in the present writ petitions and accordingly, the writ petitions stand dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

1.The Director of Public Health, and Preventive Medicine, No.359, Annasalai, D.M.S.Complex, Thenampet, Chennai-6.

2.The Director and Project Director, Combined Child Development Services, Pammal Nallathambi Street, Tharamani, Chennai-600 113.

3.The District Project Officer, Child Development Project Officer, Melamadai-625 020 Madurai District.

+2 CC to M/s.T.LAJAPATHI ROY, Advocate SR-68994. +1 CC to SPL GP SR-69237.

W.P.(MD) Nos.9010 & 9011 of 2015 and M.P.(MD) Nos.2 & 2 of 2015 14.06.2019 CS: (24/06/2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/