A.Leema, W/O. S. Arockiyasamy, v. The Director-Cum-Mission
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2022
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.(MD)No.20400 of 2018 A.Leema
...Petitioner
/Vs./ 1.The Director-cum-Mission Director, Integrated Child Development Scheme, No.1, Pammal Nallathambi Street, Tharamani, Chennai.
2.The District Collector, Office of the District Collector, Ramanathapuram District.
3.The District Project Officer, Child Development Scheme, Ramanathapuram District, Ramanathapuram.
4.The Integrated Child Development Officer, Thiruppullani Panchayat Union, Ramanathapuram District.
...Respondents
PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the respondent Nos.2 and 3 to appoint the petitioner as Aanganvadi Assistant at Thiruthervalai Anganvadi centre on the basis of the interview held on 04.09.2017 within the time stipulated by this Court.
For Petitioner : Mr.S.Malaikani For Respondents : Mr.V.Om Prakash Government Advocate
O R D E R
Heard Mr.S.Malaikani, learned counsel appearing for petitioner and Mr.V.Om Prakash, learned Government Advocate appearing for respondents.
2. Prayer is for a Mandamus directing respondent Nos.2 and 3 to appoint the petitioner as Aanganvadi Assistant at Thiruthervalai Anganvadi Centre ('Centre in question').
1/3
3. According to the petitioner, she responded to a call for applications for the post of Anganvadi Assistant and applied for the same. She was called for an interview and participated with two others. She would claim priority in appointment, since she is a widow with three children, two of whom are daughters. However, she did not receive the appointment order, despite her claim that she was eligible in all respects. Hence, this writ petition.
4. R3 (i.e.,) District Project Officer, Child Development Scheme, has filed a counter with the defence that the post in question was reserved for applicants in the Backward class category. Hence, the petitioner, who applied under the Scheduled Caste Category, was not eligible.
5. To this effect, Notification along with tabulation of the posts in several Anganvadi Centres has been circulated. Under the head 'summary', serial No.31, the Centre in question and the category of available post is set out confirming the position as put forth by the respondent, that the available post is, indeed reserved for the BC category. In light of this factual position, this Court is unable to issue mandamus as sought for.
6. This Writ Petition is thus dismissed. No costs. Sd/- Assistant Registrar(CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) ssb 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.
2/3
To 1.The Director-cum-Mission Director, Integrated Child Development Scheme, No.1, Pammal Nallathambi Street, Tharamani, Chennai.
2.The District Collector, Office of the District Collector, Ramanathapuram District.
3.The District Project Officer, Child Development Scheme, Ramanathapuram District, Ramanathapuram.
4.The Integrated Child Development Officer, Thiruppullani Panchayat Union, Ramanathapuram District.
+1 CC to M/s.SPL.GP ( SR-1486[F] dated 12/01/2022 ) Order made in W.P.(MD)No.20400 of 2018 Dated: 11.01.2022 SK(CO) TR(01.02.2022) 3P 6C 3/3