Madras High Court
B.Seetha vs The District Collector on 5 December, 2024
Author: Battu Devanand
Bench: Battu Devanand
W.P.No.3511 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
ORDERS RESERVED ON : 18.10.2024
ORDERS PRONOUNCED ON : 05.12.2024
CORAM
THE HON'BLE MR. JUSTICE BATTU DEVANAND
W.P.No.3511 of 2018
B.Seetha ... Petitioner
Vs.
1. The District Collector,
Vellore District, Vellore.
2. The Commissioner,
Arcot Panchayat Union,
Arcot, Vellore District.
3. K.Guna ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Certiorarified Mandamus calling for the records of the first
respondent in Na.Ka.No.1551/2016/BG1 dated 28.09.2017 and quash the
same and to direct the first respondent to appoint the petitioner to the post of
noon meal organizer in Sambasivapuram Panchayat Union Middle School,
Sambasivapuram, Walajah Taluk, Vellore District.
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W.P.No.3511 of 2018
For Petitioner : M/s.G.Jeremiah
For Respondents
for RR1 & 2 : Mr.P.S.Raman, Advocate General
assisted by Mr.V.Jeeva Giridharan
for R3 : Mr.V.Raghavendran
ORDER
This petition has been filed for issuance of a Writ of Certiorarified Mandamus to quash proceedings of the first respondent in Na.Ka.No.1551/2016/BG1 dated 28.09.2017 and to direct the first respondent to appoint the petitioner to the post of noon meal organizer in Sambasivapuram Panchayat Union Middle School, Sambasivapuram, Walajah Taluk, Vellore District.
2. It is the case of the petitioner that the first respondent issued a notification calling for applications to the post of noon meal organizer and noon meal helpers. The petitioner applied for the post of noon meal organizer in the Sambasivapuram Panchayat Union Middle School at Sambasivapuram Panchayat with all required particulars. The petitioner has all the requisite qualifications, viz., aged about 27 years, passed SSLC and she is a resident of the same Village in which the noon meal center was 2/9 https://www.mhc.tn.gov.in/judis W.P.No.3511 of 2018 located that too within 3 kms. The petitioner also attended the interview on 26.04.2017 with all her testimonials. She is the only candidate, who met all the requirements for the said post besides residing in the same Village. However, to her shock and surprise by the impugned proceedings dated 28.09.2017, the first respondent appointed the third respondent to the said post.
3. Though the petitioner is the only eligible candidate residing in the Village, the third respondent got selected, who is a resident of neighbouring Village i.e., Kavaripalayam Village, which is located beyond 6 kms. radius from the noon meal center. Therefore, the petitioner immediately sent a representation to the first respondent/the District Collector bringing to his notice that she is the only eligible candidate residing in the Village with all requisite qualifications, but the same was not considered. Hence, the present Writ Petition.
4. The first respondent filed a counter affidavit stating that as per the Rule of reservation, the said School is allotted for Backward Class (Other than BC Muslims)/Destitute Widows (Non Priority) as per the notice vide 3/9 https://www.mhc.tn.gov.in/judis W.P.No.3511 of 2018 G.O.Ms.No.55 (P&AR(S) Department), dated 08.04.2010. Accordingly, 20 applications were received for the post of Noon Meal Organiser for Sambasivapuram Panchayat Union Middle School at Sambasivapuram Panchayat. Out of the said 20 applications, the third respondent is the only candidate, who fulfilled the reservation turn of Backward Class (Other than BC Muslims)/Destitute Widows (Non Priority) and she was selected and posted as Noon Meal Organiser in the said School. All the other 19 applicants including the writ petitioner had not come under the above said reservation, hence, their applications were not considered.
5. When the matter came up before this Court on 15.03.2024, this Court directed the first respondent to file additional affidavit regarding the selection process. As per the direction of this Court, the first respondent filed an additional affidavit dated 29.09.2024, stating that 200 point roster has been followed. The relevant paragraph reads as follows:
“I respectfully submit that the 200 point roster for the entire then unified Vellore District (trifurcated in 2019) has been done by my predecessor by following the 200 point roster continuing from where the recruitment had last stopped. In 2016 the 200-point roster was completed as rotation 345 (200 4/9 https://www.mhc.tn.gov.in/judis W.P.No.3511 of 2018 + 145) and the next round was to start from rotation 146 to 200 for which the rotation numbers have been assigned by the then Collector and a booklet was prepared for the entire district setting out the serial numbers for which the roster would apply for the individual posts in every blocks. In the said booklet in respect of the Sambasivapuram Panchayat Union Middle School intimation had been given that it would be reserved for BC destitute widow in rotation No.34”
6. It is further stated that the concerned BDO of Sambasivapuram has merely implemented 200-point roster. Though the third respondent resides about 5 Kms away from the said center, she was the only destitute widow candidate, who belongs to the BC community, eligible as per the roster and hence she has been selected.
7. Heard respective counsels and perused the materials available on record.
8. The post of noon meal organizer in Sambasivapuram Panchayat Union Middle School was notified for Backward Class (Other than BC Muslims) of the Destitute Widows (Non Priority) category. Out of 5/9 https://www.mhc.tn.gov.in/judis W.P.No.3511 of 2018 20 applicants, the third respondent is the only candidate, who fulfilled the turn of that post. In the counter affidavit, it is admitted that the third respondent is a resident of Kavarapalayam Village, which is 5 kms. away from the Sambasivapuram Panchayat Union Middle School. As per G.O.Ms.No.163, Social Welfare and Nutrition Food Scheme (N.F.2) Department, dated 18.08.2010, between the appointed place and the applicant's residence, the distance should be within 3 kms. Admittedly, in the present case, the third respondent is a resident of beyond 3 kms. from the Centre. It is the stand of the respondents 1 and 2 that considering the fact that the vacancy was earmarked for destitute widow, the third respondent was selected as she was the only candidate fulfilling the destitute widow criteria, though she resides 5 kms. away from the centre.
9. Though the third respondent fails to fulfill the “resident” criteria, it appears that the first respondent appointed her considering as she is a widow. As such, it is clear that the appointment of third respondent is made against the eligibility criteria prescribed for “residential” aspect in G.O.Ms.No.163, Social Welfare and Nutrition Food Scheme (N.F.2) Department, dated 18.08.2010. Thus, the said appointment is to be treated 6/9 https://www.mhc.tn.gov.in/judis W.P.No.3511 of 2018 against the G.O.Ms.No.163, dated 18.08.2010 and it is liable to be set aside.
10. For the above said reasons, this Writ Petition is allowed and the proceedings of the first respondent in Na.Ka.No.1551/2016/BG1 dated 28.09.2017 is hereby set aside with a consequential direction to the respondents 1 and 2 to appoint the petitioner, if she is otherwise eligible within a period of six weeks from the date of receipt of a copy of this order.
No costs.
05.12.2024
Speaking/Non-speaking order
Index : Yes/No
Internet : Yes/No
pvs
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W.P.No.3511 of 2018
To
1. The District Collector,
Vellore District, Vellore.
2. The Commissioner,
Arcot Panchayat Union,
Arcot, Vellore District.
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W.P.No.3511 of 2018
BATTU DEVANAND.J.,
pvs
Pre-delivery order in
W.P.No.3511 of 2018
05.12.2024
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