Madras High Court
S.Vasugi vs The District Collector on 3 August, 2022
Author: J.Sathya Narayana Prasad
Bench: J.Sathya Narayana Prasad
W.P.No.15327 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :03.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P.No.15327 of 2011
S.Vasugi ... Petitioner
Vs
1.The District Collector,
Cuddalore District,
Cuddalore.
2.The Child Development Scheme Officer,
Office of the Child Development Scheme,
Mangalore & Post,
Thittakudi Taluku,
Cuddalore District.
3.Pattathal. ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India praying
for a Writ of Certiorarified Mandamus, calling for the records of the first
respondent, relating to the order dated 26.02.2011 Se.Mu.Na.Ka.No.2030-A1-
2010-1, appointing the third respondent as Anganvadi worker and quash the
same and consequently direct the first respondent to appoint petitioner as
Anganvadi worker in the Anganvadi Centre, Poyanapadi-village.
Page No.1 of 8
https://www.mhc.tn.gov.in/judis
W.P.No.15327 of 2011
For Petitioner : Ms.Ganthi Mathi
For Respondents : Mr.V.Ramesh for R1 & R2
Government Advocate
:
: Ms.V.Muthukamatchi for R3
ORDER
This Writ Petition has been filed to call for the records of the first respondent, relating to the order dated 26.02.2011 Se.Mu.Na.Ka.No.2030-A1- 2010-1, appointing the third respondent as Anganvadi worker and quash the same and consequently direct the first respondent to appoint petitioner as Anganvadi worker in the Anganvadi Centre, Poyanapadi-village.
2.The case of the petitioner is that she is a widow and her husband died on 19.07.2004 and having three female children and her family income is less than Rs.18,000/- (Rupees Eighteen Thousand Only). She had completed S.S.L.C. and belong to MBC community and based on the above qualification the petitioner registered her name in the District Employment Exchange, Cuddalore, in the year 1991.
3.The Government of Tamil Nadu decided to fill up the vacancies for the Page No.2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.15327 of 2011 post of Anganvadi workers in the Anganvadi Centres and Mini Anganvadi Centres and the same was notified in the notice boards of the respective Collectors' Offices. On coming to know of the same, the petitioner applied for the post of Anganvadi Centre, Ponyanapadi-Village. The petitioner was called for interview and attended the interview conducted by the 2nd respondent on 30.11.2010. The petitioner is fully qualified for the post of Anganvadi worker as stated in the G.O.(Ms) No.149, dated 20.11.2009 and G.O.(Ms) No.163, dated 18.08.2010 and the petitioner along with the other candidates was recommended for the said post. Thereafter, there was no response from the 1st and 2nd respondents and later came to know that the 3rd respondent was appointed for the said post by the order of the 1st respondent dated 26.02.2011 and the petitioner obtained a copy of the appointment order which is enclosed in the typed set of papers. Aggrieved by the appointment of the 3rd respondent by the 1st respondent vide proceedings in Se.Mu.Na.Ka.No.2030-A1-2010-1, dated 26.02.2011, the petitioner has come forward with the present Writ Petition.
4.The learned counsel appearing for the petitioner submitted that the appointment of the 3rd respondent is clearly in violation of G.O.(Ms). No.163, dated 18.08.2010 of the Department of Social Welfare and Noon Meal Scheme. Page No.3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.15327 of 2011 The petitioner is a widow and residing in the same village as per the said G.O., preference has to be given to the petitioner.
“7.The petitioner submits that as per the G.O.(Ms).No.163, dated 18.08.2010 by the Department of Social Welfare and Noon Meal Scheme (Sa U Thi.2) the following guidelines issued for selecting the persons for the above said post.
*The candidates should have passed in Tenth Standard. *The candidates should be aged between 21 and 40. *The widow candidates should be aged between 20 and 40. *The 25% of the Sanctioned posts should be filled up for the widows/ Destitutes.”
5.The learned counsel further submitted that the 3rd respondent is not a widow and the order of appointment is without following the Government orders, is arbitrary, illegal, unjust and liable to be set aside. The main contention of the learned counsel for the petitioner is that the petitioner is a widow having three female children and ought to have been considered by the 1st respondent instead of the 3rd respondent for the appointment to the said post.
6.A counter affidavit was filed on behalf of the 2nd respondent. The learned Government Advocate appearing for the 1st and 2nd respondent submitted that as per the Government orders, District Collector, Cuddalore was directed to fill up the vacancies for the post of Anganvadi worker, Mini Page No.4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.15327 of 2011 Anganvadi Centres and Anganvadi Helpers in Cuddalore District and 6 candidates applied for the said post. For the Ponyanapadi of Anganvadi Worker post 6 candidates attended the interview and as per the communal rotation the Ponyanapadi of Anganvadi Worker post is meant for Backward Class-Non- priority. The selection community interviewed 6 candidates, according to the merits and the candidates marks are as follows:-
S.No NAME OF THE MARKS AWARDED IN
CANDIDATES INTERVIEW
1. Tmt.Rayammal 5
2. Tmt.Vasugi 4
3. Tmt.Amudha 3½
4. Tmt.Pattathal 12
5. Tmt.Mahalakshmi 5
6. Tmt.Shanmugavalli 6
7.The learned counsel further submitted that the 3rd respondent secured the highest mark ie.12 and the marks secured by the petitioner is only 4. Since the Poiyanapadi Anganwadi Worker post is non priority, there is no preference to widows. The vacancies of Anganvadi Worker, Mini Anganvadi Centres and Anganvadi Helpers, the eligible criteria as per the Government letter No.8609/NMP-2/96-1, dated 12.04.1996 and letter No.355, S.W. 7-1/2008-2, dated 20.03.2008 and G.O.Ms.No.203, Social Welfare & Noon Meal Page No.5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.15327 of 2011 Programme Department, dated 10.08.2005, whereas, the G.O.Ms. No.163 Social Welfare & Noon Meal Programme Department, dated 18.08.2010 is only for the post of Noon Meal Organiser, cook and helper in school noon meal programme.
8.Heard the learned counsel for both sides and perused the materials available on record.
9.On perusal of records, it can be seen that the post of Anganvadi worker in Poiyanapadi village in the Anganvadi Centres and Mini Anganvadi Centres is meant for Backward class-Non-priority on communal rotation. Admittedly, the petitioner belong to MBC community and not BC community and the said post is for Backward class-Non-priority. The 25% of the sanctioned post should be filled up for the widows/ destitute as per the G.O.Ms. No.163, dated 18.08.2010 by the Department of Social Welfare & Noon Meal pro gramme is meant for Noon Meal Organiser cook and helper in school noon meal pro gramme. Whereas, the present notification is for appointment is for Anganvadi Worker post as per the G.O.(Ms).No. 203 Social Welfare & Noon Meal Programme Department, dated 10.08.2005. The marks secured by the petitioner is only 4, whereas, the 3rd respondent has secured the highest mark, 12. Page No.6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.15327 of 2011
10.In view of the above facts and circumstances of the case, this Court is not inclined to interfere with the order passed by the 1st respondent, dated 26.02.2011 in Se.Mu.Na.Ka.No.2030-A1-2010-1 and the same is hereby confirmed. In the result, this Writ Petition stands dismissed. No costs.
03.08.2022 Index: Yes/No Internet: Yes/No gba To
1.The District Collector, Cuddalore District, Cuddalore.
2.The Child Development Scheme Officer, Office of the Child Development Scheme, Mangalore & Post, Thittakudi Taluku, Cuddalore District.
Page No.7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.15327 of 2011 J.SATHYA NARAYANA PRASAD, J.
gba W.P.No.15327 of 2011 03.08.2022 Page No.8 of 8 https://www.mhc.tn.gov.in/judis