Madras High Court
M.Vinitha vs The Principal Secretary To on 12 February, 2019
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :12.02.2019
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.157 of 2018
and
W.M.P.Nos.217 & 246 of 2018
M.Vinitha ...Petitioner
Vs
1.The Principal Secretary to
Government of Tamil Nadu
Department of Social Welfare,
Secretariat, Chennai-600 009.
2.The Commissioner,
Panchayat Union,
Kaveripakkam, Vellore District.
3.Mrs.Paun ....Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus To call for the entire
records in pursuant to the selection order issued by the 2nd respondent in
favour of the 3rd respondent to the post of Noon Meal Organiser
Panchayat Union Elementary School Malaimedu and quash the same with
a consequential direction to the 2nd respondent to appoint the petitioner in
the said post within a stipulated time.
http://www.judis.nic.in
2
For Petitioner : Mr.T.P.Prabakaran
For Respondents : Mrs.P.Rajalakshmi
Additional Government Pleader
Mrs.A.Srijayanthi for R2
ORDER
The grievance of the writ petitioner is that though she is fully qualified for appointment to the post of Noon Meal Organiser in Panchayat Union Elementary School, her case was not considered without any valid reason.
2. The learned counsel appearing for the petitioner states that the petitioner has attended the interview for appointment to the post of Noon Mool Organiser on 26.04.2017 and she was asked to produce certain documents at the time of interview. As directed by the 2nd respondent, the petitioner has submitted all the documents. In spite of that, the case of the writ petitioner was not considered for appointment.
3. The learned Additional Government Pleader appearing on behalf of the respondents submitted a proceeding issued by the Personal Assistant (NMP) to Collector, Vellore-9, which states as follows:
The petitioner and the selected candidate obtained the http://www.judis.nic.in 3 marks in the interview on 26.04.2017 detailed are below for the post of Noon Meal Organiser in Malaimedu Panchayat Union Primary School.
Category:BC (Non-Priority) S.No Particulars Maximum Marks Petitioner Marks obtained by (R.Vinitha the w/o Candidate Narasimman) Selected (Pavun w/o Vimal)
1. Age Factor (both 5marks - -
are below 35)
(01.12.2016
Candidate must
have completion of
minimum age 21 &
not exceed for 40)
2 For resident 20 Marks - 20 marks
(A). within one km (maximum)
radius of Noon
Meal Centre
(b) For resident 10 marks - -
outside the 1 km
radius but within
2 km distance from
the Noon meal
centre
(c) For resident 5 marks 5 marks -
outside 2 km
radius but within
3 km distance from
the Noon Meal
Centre
3. For possessing 5/2 marks - -
Ration card-
Anthothya Anna
Yogana card/Green
Card
4(A) For Destitute 10 marks - -
Widow
http://www.judis.nic.in 4 S.No Particulars Maximum Marks Petitioner Marks obtained by (R.Vinitha the w/o Candidate Narasimman) Selected (Pavun w/o Vimal)
(b) For Deserted Woman 5 marks 5 marks -
(Abandoned by
husband)/Widow
5. Candidate who are 5 marks - -
having two female
children
6. For knowledge in 5 marks 2 marks -
maintaining
Accounts
Total 50 marks 12 marks 20 marks
Petitioner R.Vinitha Date of Birth (as per certificate 23.06.1996) at the time of Interview Petitioner R.Vinitha Age was 20 she is not eligible for this post.
4. In view of the fact that the writ petitioner is underaged and not completed 21 year of age as on 01.12.2016, she was not selected and therefore, this Court is of an opinion that there is no infirmity as such in respect of the decision taken by the competent authority. The Date of Birth of the writ petitioner is 23.06.1996 and therefore, she had not completed 21 years of age as on the date of the notification on 01.12.2016. http://www.judis.nic.in 5
5. Thus, the writ petition is devoid of merits and accordingly, stands dismissed. No costs. Consequently connected miscellaneous petitions are closed.
12.02.2019 sk Internet:Yes/No Index : Yes/No Speaking/Non speaking order To
1.The Principal Secretary to Government of Tamil Nadu Department of Social Welfare, Secretariat, Chennai-600 009.
2.The Commissioner, Panchayat Union, Kaveripakkam, Vellore District.
http://www.judis.nic.in 6 S.M.SUBRAMANIAM, J.
sk W.P.No.157 of 2018 12.02.2019 http://www.judis.nic.in