Hindu Middle School, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD) Nos.8097 & 15705 of 2017 Hindu Middle School rep.by its Secretary Muthu Krishnaperi Kaluneer Kulam Post Alangulam Taluk Tirunelveli District ... Petitioner -vs1.The District Collector Tirunelveli Tirunelveli District 2.The Block Development Officer Keelapavoor Panchayat Union Keelapavoor Tirunelveli District 3.R.Kalith Thangam ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records relating to the impugned notification No.Nil issued by the first respondent through paper

advertisement dated 04.05.2017 and consequential order of the first respondent in Na.Ka.No.N9/47867/2016 dated 27.05.2017 and quash the same and direct the first respondent to call for the candidate list from the petitioner's school management for the post of Noon Meal Organizer in the petitioner's school.

For Petitioner :

Mr.T.Pon Ramkumar For Respondents :

Ms.D.Farjana Ghoushia Special Government Pleader for R1 & R2 No appearance for R3

O R D E R

This writ petition has been filed challenging the impugned notification No.Nil, issued by the first respondent, through a paper publication, dated 04.05.2017 and the consequential order of the first respondent dated 27.05.2017.

2. The petitioner - School has challenged the impugned notification, on the ground that they ought to have been consulted by the official respondents before appointing the third respondent as a Noon Meal Organiser in their School.

3. A counter affidavit has also been filed by the official respondents denying the contentions of the petitioner - School.

4. Admittedly, the petitioner - Institution is a Non-Minority Institution. There is no need for the official respondents to consult them before appointing any person as a Noon Meal Organiser in their School. The law is well settled that incase of a Non-Minority Institution, the requirement for consulting the petitioner - School before making appointments to their School by the official respondents is not necessary.

5. In view of the same, there is no merit in this writ petition. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 18.09.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Tirunelveli, Tirunelveli District.

2.The Block Development Officer, Keelapavoor Panchayat Union, Keelapavoor, Tirunelveli District.

ABDUL QUDDHOSE, J.

krk and W.M.P.(MD) Nos.8097 & 15705 of 2017 18.09.2024