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Madras High CourtWP(MD)/5088/2018dismissed

Elango Aided Primary School, v. The State Of Tamil Nadu

2022-02-18Honourable Mrs Justice S.Srimathy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD).Nos.5069, 5070 and 6605 of 2018 Elango Aided Primary School, Kamatchipuram, Thirupananthal Union, Thanjavur District 609 809, Represented by its Secretary, K.Saminathan ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by its Principal Secretary to Government, Social Welfare and Nutritious Meal Program Department, Secretariat, Fort St.George,Chennai 600 009.

2.The District Collector, Thanjavur District,Thanjavur.

3.The Block Development Officer, Thirupanandal Panchayat Union, Thirupanandal,Thanjavur District.

4.N.Sudha ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings issued by the second respondent in Na.Ka.182/2017/Sa.Vu.Thi-1 dated 06.02.2018 and to quash the same and consequently directing the respondents 1 to 3 to conduct selection to the post of Noon Meal Organizer by adopting method of selection involving participation of School Management and in compliance with other legal requirements.

For Petitioner : Mr.G.Sankaran For R-1 to R-3 : Mrs.D.Farjana Ghoushia, Special Government Pleader.

For R-4 : Mr.A.K.Baskara Pandian 1/3

ORDER

The present Writ Petition is filed to quash the impugned order dated 06.02.2018 and directing the respondents to conduct selection to the post of Noon Meal Organizer by adopting method of selection involving participation of School Management and in compliance with other legal requirements.

2. The same issue was raised in some other writ petitions and the same was allowed. The Government preferred Writ Appeals in the batch of Writ Appeals in W.A.(MD).No.107 of 2013 and the Writ appeals were allowed vide order dated 28.10.2020. The similar issue was also considered by learned Single Judge in W.P.(MD).No.3213 of 2018 and the same was dismissed. Hence the present writ petition, following the batch of writ appeals and the writ petition is dismissed.

3. Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions stand closed.

Sd/- Assistant Registrar (AD II) // True Copy // / /2022 Sub Assistant Registrar(CS) Nsr Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Principal Secretary to Government, The State of Tamil Nadu, Social Welfare and Nutritious Meal Program Department, Secretariat, Fort St.George, Chennai 600 009.

2.The District Collector, Thanjavur District, Thanjavur.

2/3

3.The Block Development Officer, Thirupanandal Panchayat Union, Thirupanandal, Thanjavur District.

+1 CC to M/s.A.K.BASKARA PANDIYAN, Advocate ( SR-7222[F] dated 18/02/2022 ) +1 CC to M/s.SPL GP ( SR-7485[F] dated 21/02/2022 ) 18.02.2022 MGJ(11.03.2022) 3P 6C 3/3