Vasanthamala, v. The Principal Secretary /
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2018
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P. (MD) No. 18226 of 2017 and W.M.P.(MD).No.14666 of 2017 Vasanthamala .. Petitioner Vs.
1. The Principal Secretary/ Special Commissioner, Integrated Child Development Servies, Tharamani, Chennai - 13.
2. The Director of Social Welfare, Chennai.
3. The District Collector, Virudhunagar District, Virudhunagar.
4. The District Programme Officer, Integrated Child Development Services, Virudhunagar District, Virudhunagar.
5. The Child Development Project Officer, Integrated Child Development Services, Tiruchuli Range, Virudhunagar District.
.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to appoint the petitioner as mini centre Anganwadi Worker in the Karisalkulam Colony Anganwadi Centre, Tiruchuli Range, Virudhunagar District within the stipulated period as may be fixed by this Court.
For petitioner : Mr. G.Marimuthu For respondents : Mr. J.Gunaseelan Muthiah Additional Government Pleader ******
O R D E R
*********** Heard the learned counsel on either side.
2. By consent of both parties, the main writ petition is taken up for final disposal at the stage of admission itself.
3. The petitioner belongs to Kaliar Karisal Kulam (West), Aruppukottai Taluk, Virudhunagar District. Vacancy arose in the post of Aganwadi worker for the said Village. Notification was issued by the third respondent in this regard. The petitioner applied in response thereto. The petitioner is a Christian and she belongs to Backward Class category. The petitioner was selected and posting order dated 29.08.2017, was issued in favour of the petitioner. But when the petitioner went to join, she was not permitted. Therefore, the present petition came to be filed.
4. The stand taken by the respondent is that the post in question was ear-marked for Backward Class Muslims but it was also fairly admitted that while notifiying this was not stated. It is also beyond dispute that there was no Muslim candidate in response to the said notification.
5.In this view of the matter, this Court directs the third respondent to appoint the petitioner as Anganwadi worker for Karisalkulam Colony Anganwadi Centre, Tiruchuli Range, Virudhunagare District. Such an order shall be issued within a period of four weeks from today.
6.This Writ petition is allowed, accordingly. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To:
1. The Principal Secretary/ Special Commissioner, Integrated Child Development Servies, Tharamani, Chennai - 13.
2.The Director of Social Welfare, Chennai.
3.The District Collector, Virudhunagar District, Virudhunagar.
4.The District Programme Officer, Integrated Child Development Services, Virudhunagar District, Virudhunagar.
5.The Child Development Project Officer, Integrated Child Development Services, Tiruchuli Range, Virudhunagar District.
+ 1 cc TO M/S.G.M.LAW OFFICE , Advocate in SR No. 45667 + 1 cc TO The Special Government Pleader in SR No. 46145 Kmi AE/SKN RSK/SAR1/03.04.2018/3P/8C ORDER MADE IN W.P.(MD).No.18226 of 2017 01.02.2018