Aided Primary School v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2022
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD).No.1300 of 2016 1.Aided Primary School, Mattiyur 612 504, Thiruppanandal, Thanjavur District, Represented by its Secretary, R.Sivaraman 2.Sri Ramavilas Aided Primary School, Kondasamuthiram and Post, Thiruppanandal 612 504, Thanjavur District, Represented by its Secretary, R.Jayalakshmi.
3.Kasthuriba Bandhi Kurukulam Aided Middle School, Thuhili 609 804, Thiruvidaimaruthur, Thanjavur District, Represented by its Secretary, R.Muthaiyan 4.Aided Middle School, Sannapuram Post 612 204, Kumbakonam, Represented by its Secretary, R.Jagadesh 5.Aided Primary School, Sailapathipuram, Veppathur Post - 612 105, Thiruvidaimaruthur Taluk, Thanjavur District, Represented by its Secretary, M.Saratha ... Petitioners Vs.
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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 Personal Assistant to Collector, Noon Meal Programme, Office of District Collector, Thanjavur District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents from filling up the post of Noon Meal Organizer/Cook/Cook Assistant in the Petitioner School based on the method as stated in G.O.Ms.No.4 Social Welfare and Nutritious Meal Programme Department dated 06/01/2011 and consequently directing the respondents to fill up the post by adopting the method prescribed in G.O.Ms.No.294 Social Welfare and Nutritious Meal Programme Department dated 21/10/1993.
For Petitioners : Mr.G.Sankaran For R-1 to R-3 : Mrs.D.Farjana Ghoushia, Special Government Pleader.
ORDER
The present Writ Petition is filed for Mandamus forbear the respondents from filling up the post of Noon Meal Organizer/Cook/Cook Assistant in the petitioner school based on the method as stated in G.O.Ms.No.4 Social Welfare and Nutritious Meal Programme Department dated 06/01/2011 and consequently direct the respondents to fill up the post by adopting the method prescribed in G.O.Ms.No.294 Social Welfare and Nutritious Meal Programme Department dated 21/10/1993.
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.
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3. Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions stand closed.
Sd/- Assistant Registrar (CS-I) // 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.
3.The Personal Assistant to Collector, Noon Meal Programme, Office of District Collector, Thanjavur District.
+1 CC to M/s.SPL GP ( SR-7439[F] dated 21/02/2022 ) 18.02.2022 RD(31.03.2022) 3P 5C 3/3