Dr.Zahir Hussain Memorial v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2016 Coram THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)Nos.8994 to 8996 of 2016 and W.M.P.(MD)Nos.7174 to 7176 of 2016 Dr.Zahir Hussain Memorial Minority Aided Elementary School, Tmt.A.M.Sikkandar Beevi School Campus, Begamshahiba Nagaram, Dindigul - 2, Through its Secretary and Correspondent, Haji N.Abdul Muthalif :Petitioner in W.P.(MD) No.8994/2016 Dr.Zahir Hussain Memorial Minority Aided Elementary School, Tmt.A.M.Sikkandar Beevi School Campus, Asanathpuram Dindigul - 2, Through its Secretary and Correspondent, Haji N.Abdul Mthalif :Petitioner in W.P.(MD) No.8995/2016 Dr.Zahir Hussain Memorial Minority High School, Tmt.A.M.Sikkandar Beevi School Campus, Pillaiyarnatham, Dindigul - 2, Through its Secretary and Correspondent, Haji N.Abdul Mthalif :Petitioner in W.P.(MD) No.8996/2016 vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Personal Assistant to the Collector of Dindigul, Noon Meal Scheme, Dindigul.

: Respondents 1 & 2 in all the petitions 3.The Commissioner of Panchayat Union, Dindigul Panchayat Union, Dindigul - 1.

: 3rd Respondent in W.P.(MD) Nos.8994 and 8995 of 2016 3.The Commissioner of Panchayat Union, Aathoor Panchayat Union, Dindigul - 1.

: 3rd Respondent in W.P.(MD) No.8996 of 2016

Prayer in W.P.(MD) No.8994 of 2016 : Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the 1st respondent to issue appointment order to one C.Nandhini as noon meal organizer to the petitioner's school namely Dr.Zahir Hussain Memorial Minority Aided Elementary School, Tmt.A.M.Sikkandar Beevi School Campus, Begamshahiba Nagaram, Dindigul - 2 as per G.O.Ms.No.4 dated 06.01.2011 issued by Social Welfare and Noon Meal Scheme Department and as per proposal submitted by the petitioner's school dated 06.04.2016. Prayer in W.P.(MD) No.8995 of 2016 : Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the 1st respondent to issue appointment order to one B.

Jimaileth as noon meal organizer to the petitioner's school namely Dr.Zahir Hussain Memorial Minority Aided Elementary School, Tmt.A.M.Sikkandar Beevi School Campus, Asanathpuram, Dindigul - 2 as per G.O.Ms.No.4 dated 06.01.2011 issued by Social Welfare and Noon Meal Scheme Department and as per proposal submitted by the petitioner's school dated 06.04.2016.

Prayer in W.P.(MD) No.8996 of 2016 : Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the 1st respondent to issue appointment order to one A.Barakath Banu as noon meal organizer to the petitioner's school namely Dr.Zahir Hussain Memorial Minority High School, Tmt.A.M.Sikkandar Beevi School Campus, Pillaiyarnatham, Dindigul - 2 as per G.O.Ms.No.4 dated 06.01.2011 issued by Social Welfare and Noon Meal Scheme Department and as per proposal submitted by the petitioner's school dated 06.04.2016.

For Petitioners : Mr.K.K.Kannan For Respondents : Mr.G.Muthukannan Government Advocate COMMON ORDER These Writ Petitions have been filed by three schools, seeking appointment orders to one C.Nandhini, B.Jimaileth and A.Barakath Banu respectively as noon meal organizer to their school. 2.The learned counsel for petitioners would submit that when the department of Social Welfare Department has issued G.O.Ms.No.4 dated 06.01.2011, regarding appointment of Noon Meal Organizers in the Minority Aided Schools, the petitioners made representations dated 02.02.2016 to the respondents seeking a list of candidates for the post of Noon Meal Organizers. On the basis of the representation the respondents provided a list of candidates suitable for the post of Noon Meal Organizers. From the list sponsored by the respondent No.1, C.Nandhini, B.Jimaileth and A.Barakath Banu respectively were recommended by the petitioners for the post of Noon Meal Organizers in their school. All though proposals were submitted by the petitioner schools by letters dated 06.04.2016, till date the same

has not been considered. Therefore, a direction may be issued to issue appointment orders in favour of C.Nandhini, B.Jimaileth and A.Barakath Banu respectively in the petitioner schools. 3.Learned Government Advocate appearing for the respondents would submit that although the petitioners representations dated 02.02.2016 were under consideration, in the midst of consideration, the Election Code of Conduct had come into force and now after the election is over, the process is started and within 8 weeks time the proposals sent for appointment to the posts of Noon Meal Organizers in the entire Dindigul District will be considered and final orders will be passed.

4.Recording his submission, a direction is issued to 3rd respondents to consider the proposals dated 06.04.2016 submitted by the petitioner schools and pass orders on merits and in accordance with law within eight weeks from the date of receipt of a copy of this order.

5.These Writ Petitions are disposed of with the above direction. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Dindigul District, Dindigul.

2.The Personal Assistant to the Collector of Dindigul, Noon Meal Scheme, Dindigul.

3.The Commissioner of Panchayat Union, Dindigul Panchayat Union, Dindigul - 1.

4.The Commissioner of Panchayat Union, Aathoor Panchayat Union, Dindigul - 1.

+ 3 CC TO MR.K.K.KANNAN, ADVOCATE IN SR No. 33589,33588,33587 SJ TE/SKS-RR/ : 11/07/2016 : 3P/8C W.P.(MD)Nos.8994 to 8996 of 2016 and W.M.P.(MD)Nos.7174 to 7176 of 2016 27.06.2016