St.Marys Primary School v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2020
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and M.P.(MD)No.2 of 2015 St. Mary's Primary School rep. by its Correspondent, Fr.I.Augustine Gangaivilasam, Peruvakottai Post - 623 308 Thiruvadanai Union, Ramathapuram District.
...Petitioner
Vs.
1.The State of Tamilnadu Rep. by its Secretary, Social Welfare and Noon Meal Scheme Department, St. George Fort, Secretariat, Chennai.
2.The District Collector Ramanathapuram, Ramathapuram District.
3.The Personal Assistant (GA), To the District Collector, Ramathapuram, Ramathapuram District.
4.The District Elementary Educational Officer, Ramathapuram Ramathapuram District.
5.The Additional Assistant Elementary Educational Officer, Thiruvadanai, Ramathapuram District.
6.J.Arockia Selvi
...Respondents
PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Na.Ka.No.W1/14876/2015, dated 08.04.2015 and the consequential order in Na.Ka.W1/14876/2015, dated 18.06.2015 on the file of the second respondent and the consequential communication in Na.Ka.W1/14876/2015 dated 18.06.2015 on the file of the second respondent addressed to 1/3
the fourth Respondent and quash the same as illegal and consequently to direct the Respondent Nos.2 & 3 to conduct the selection process afresh for recruitment to the post of Noon Meal Cook Assistant at the Noon Meal Centre attached with the petitioner School by properly advertising about the vacancy and by obtaining a list of recommended 5 names from the Correspondent of the petitioner School in accordance with the G.O.Ms.No.4, Social Welfare and Noon-meal Scheme Department, dated 06.01.2011.
For Petitioner : Ms.Kanimozhi for Mr.T.Lajapathi Roy For R-1 to R-5 : Mr.N.Shanmugaselvam, Additional Government Pleader For R-6 : Mr.M.Saravanakumar
O R D E R
The order of appointment of the sixth respondent as NoonMeal Cook Assistant, is under challenge in the present writ petition.
2.On account of efflux of time, the relief as such sought for in the present writ petition cannot be granted. However, with reference to G.O.Ms.No.4 Social Welfare and Noon-Meal Scheme Department, dated 06.01.2011, the Division Bench of this Court, delivered a Judgment on 22.03.2017 in W.A.No.792 of 2012 etc., batch.
3. In view of the fact that now the procedures set out in G.O.Ms.No.4 as well as the Judgment of the Division Bench of this Court, the respondents are directed in the event of taking a decision to fill-up the posts by issuing a recruitment notification. The judgment of the Division Bench as well as the Government orders to be followed scrupulously, so as to provide equal opportunity to all the candidates, who are all aspiring to secure employment.
4. With these observations, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3
Rm To
1. The Secretary, State of Tamilnadu Social Welfare and Noon Meal Scheme Department, St. George Fort, Secretariat, Chennai.
2. The District Collector Ramanathapuram, Ramathapuram District.
3. The Personal Assistant (GA), To the District Collector, Ramathapuram, Ramathapuram District.
4. The District Elementary Educational Officer, Ramathapuram Ramathapuram District.
5. The Additional Assistant Elementary Educational Officer, Thiruvadanai, Ramathapuram District.
+1 CC to M/s.T. LAJAPATHI ROY, Advocate ( SR-19999[F] dated 14/10/2020 ) 13.10.2020 SS(CO) NR (22/10/2020) 3P : 7C 3/3