Smt. Jayanthi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2022

CORAM

THE HON'BLE MRS.JUSTICE S.SRIMATHY and M.P.(MD)Nos.1 & 2 of 2015 Smt.Jayanthi ... Petitioner Vs.

1. The District Collector, Tirunelveli District.

Tirunelveli.

2. The Commissioner, Panchayat Union, Vasudevanallur, Tirunelveli District.

3. Tmt.Kaleeswari ... 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 pertaining to the selection List dated 12.09.2015 issued by the first respondent in respect of the post of Cook Assistant under the Puratchi Thalaivar MGR Nutritious Meal Programme and 1/5

quash the same in so far as it relates to the selection of third Respondent indicated under Item No. 186 pertaining to Uyarkudi Ganesar Primary School, Vadugapatti and consequently, direct the first respondent to appoint the petitioner as Cook Assistant at Uyarkudi Ganesar Primary School, Vadugapatti.

For Petitioner : No appearance For R1 & R2 : Mr.C.Baskaran Government Advocate (Civil side)

ORDER

This Writ Petition is filed challenging the selection list, dated 12.09.2015 issued by the first respondent in respect to the post of Cook Assistant under the Puratchi Thalaivar MGR Nutritious Meal Programme with the consequential relief and directing the respondents to appoint the petitioner as Cook Assistant at Uyarkudi Ganesar Primary School, Vadugapatti.

2. When the matter was taken up for hearing, the petitioner is neither represented through her Counsel nor appeared in person before 2/5

this Court. The third respondent also not represented through her Counsel or appeared in person.

3. The contention put forth by the petitioner is that the third respondent is not a resident within 3 km radius in and around Vadugupatti. The third respondent was married and staying with her husband. The third respondent has shown her father's native place and has obtained employment.

4. However, the said contention was denied by the first and second respondents. The learned Government Advocate appearing for the first and second respondents has produced Aadhar card of Kaleeshwari, wherein, it has been stated that she is staying in Vadugupatti and the Aadhar card states the address as 37, School Street, Vadugupatti Post.

5. Recording the said submission, this Court is of the considered opinion that the petitioner has not raised any valid ground to 3/5

interfere with the appointment of the 3rd respondent. Moreover, the petitioner has reached the age of 42. At this juncture, the petitioner cannot be allowed to participate in future recruitment process. Therefore, this Court is inclined to dismiss the writ petition.

6. With the above said observation, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

13.10.2022 Index :

Yes / No Internet :

Yes / No jbr To

1. The District Collector, Tirunelveli District.

Tirunelveli.

2. The Commissioner, Panchayat Union, Vasudevanallur, Tirunelveli District.

4/5

S.SRIMATHY, J jbr Order made in 13.10.2022 5/5