A.Praveena v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.02.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.M.P(MD).Nos.8393 and 8394 of 2018 A.Praveena ... Petitioner Vs.
1.The District Collector, Thanjavur District, Thanjavur.
2.The Personal Assistant to the Collector (Noon Meals) Thanjavur District, Thanjavur.
3.The District Child Protection Officer, Department of Social Defence, Government Children Home Campus, Thanjavur-613 007.
4.The Block Development Officer (Block Panchayat), Pattukottai Panchayat Union, Pattukottai, Thanjavur District.
1/8
5.The Deputy Block Development Officer, (Noon Meals), Pattukottai Panchayat Union, Pattukottai, Thanjavur District.
6.Krishnaveni ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order in Na.Ka.No.182/2017/Sa.U.Thi-1 dated 06.02.2018 passed by the first respondent appointing the sixth respondent as Noon Meal Organizer of Panchayat Union Primary School at Kondikulam, Pattukottai Panchayat Union, Thanjavur District and quash the same and consequently, appoint the petitioner as the Noon Meal Organizer at Panchayat Union Primary School, Kondikulam, Pattukottai Panchayat Union, Thanjavur District, with effect from the date of appointment of the sixth respondent and grant all the service and monetary benefits within a time frame to be fixed by this Court. For Petitioner : Mr.A.Thirumurthy For Respondent : Mr.G.V.Vairom Santhosh Additional Government Pleader for R1 to R5 2/8
O R D E R
This Writ Petition has been filed to call for the records relating to the order in Na.Ka.No.182/2017/Sa.U.Thi-1 dated 06.02.2018 passed by the first respondent appointing the sixth respondent as Noon Meal Organizer of Panchayat Union Primary School at Kondikulam, Pattukottai Panchayat Union, Thanjavur District, quash the same and consequently, appoint the petitioner as the Noon Meal Organizer at Panchayat Union Primary School, Kondikulam, Pattukottai Panchayat Union, Thanjavur District, with effect from the date of appointment of the sixth respondent and grant all the service and monetary benefits within a time frame fixed by this Court.
2. The case of the petitioner is that the petitioner has participated in the selection process to the post of Noon Meal Organizer for the Panchayat Union Primary School, at Kondikulam in Pattukottai Panchayat Union, Thanjavur District and the said post is reserved for Backward Class Ex-servicemen Category. The petitioner is residing 3/8
within 1 km from Kondikulam and she has necessary qualification. She is a dependent of Ex-serviceman belonging to Backward Community (BC) and applied for the post of Noon Meal Organizer at Panchayat Union Primary School, at Kondikulam in Pattukottai Panchayat Union. However, the sixth respondent was selected in the above said post. Challenging the same, the present writ petition has been filed.
3. The learned counsel appearing for the petitioner would submit that the petitioner is a married woman and aged about 27 years. Her father is a Ex-serviceman and she is the dependent of her father. However, the application of the petitioner has not been properly considered by the Selection Committee and the first respondent has mechanically passed the impugned order appointing the sixth respondent as Noon Meal Organizer which is not sustainable one. Accordingly, he prays for passing appropriate orders.
4. The learned Additional Government Pleader appearing for the respondents 1 to 5 would submit that the petitioner is aged about 27 4/8
years whereas the sixth respondent is aged about 35 years. The sixth respondent is residing within 1⁄2 km from the Centre and the petitioner is residing at a distance of 1 km from the Centre. The Selection Committee, after verification of the educational qualification, the distance criteria and the performance during the interview, has selected the sixth respondent to the post of Noon Meal Organizer at Panchayat Union Primary School, Kondikulam.
5. The comparative statement between the petitioner and the sixth respondent is given as below:- Sl.No. Details Petitioner Sixth respondent 1.
Educational Qualification B.A.
B.Sc.
2.
Age 3.
Community BC (Ex.servicemen quota) BC (Ex.Servicemen quota) 4.
Ex.Service men Father Ex.Service man Father Ex.Service man 5.
Residence 1 Km 0.5 Km.
6.
Marital status Married Married 5/8
6. It is seen from the records that the petitioner is aged about 27 years whereas the sixth respondent is aged about 35 years and both are married women and belong to BC (Ex-Servicemen quota). The petitioner is residing at a distance of 1 Km from the Centre whereas the sixth respondent is residing within 1⁄2 km from the Centre. After considering the educational qualification, the distance criteria and the performance during the interview, the Selection Committee has appointed the sixth respondent to the post of Noon Meal Organizer in the year 2018. After a lapse of five years, this Court cannot interfere with the impugned order of appointment of the sixth respondent and the prayer sought for in the present writ petition cannot be granted.
7. Accordingly, this Writ Petition is dismissed. No costs. Connected miscellaneous petitions are closed. 21.02.2023 ssb NCC:Yes/No Index:Yes/No Internet:Yes/No 6/8
To 1.The District Collector, Thanjavur District, Thanjavur.
2.The Personal Assistant to the Collector (Noon Meals) Thanjavur District, Thanjavur.
3.The District Child Protection Officer, Department of Social Defence, Government Children Home Campus, Thanjavur-613 007.
4.The Block Development Officer (Block Panchayat), Pattukottai Panchayat Union, Pattukottai, Thanjavur District.
5.The Deputy Block Development Officer, (Noon Meals), Pattukottai Panchayat Union, Pattukottai, Thanjavur District.
7/8
M.DHANDAPANI,J.
ssb 21.02.2023 8/8