The High Court dismissed a writ petition challenging the appointment of a Anganwadi worker over the petitioner. The court held the appointment was valid as the candidate met the minimum qualification and performed better in the interview.
The writ petition was dismissed; no order as to costs was made.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.511 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2023
CORAM:
THE HONOURABLE MR. JUSTICE P.B.BALAJI
W.P.No.511 of 2018 and W.M.P.No.607 of 2018
C.Elamathi
...Petitioner
Vs
Chennai – 113.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the records pertaining to the 2nd
1/7
W.P.No.511 of 2018
respondent issued appointment order to the 4th respondent in the place of Thulampoondi, Centre No.33607150125, Thirukovilur Taluk, Villupuram District in this proceedings in Na.Ka.No.1958/A1/2017 dated 14.12.2017 is illegal and to quash the same.
For Petitioner : Mr.G.Ranganathan For Respondents For RR1 & 3 : Mr.V.Arun Additional Advocate General assisted by Mr.R.Kumaravel Additional Government Pleader For R4 : Mr.A.T.Anbukumar
ORDER
This petition is filed by the writ petitioner seeking issuance of a Writ of Certiorari to quash the impugned order of appointment of the 4th respondent dated 14.12.2017.
graduate and she applied for vacancy in the Anganwadi Centre at Thirukovilur Taluk, Villupuram District on 19.08.2017. However, without considering the petitioner's application favourably, the 4th respondent was
2/7
W.P.No.511 of 2018
appointed. According to the petitioner, the petitioner is more qualified than the 4th respondent and moreover, the 4th respondent resides 4 Kms away from the centre which also disqualifies her for being appointed to the said post.
W.P.No.511 of 2018
W.P.No.511 of 2018
prayer sought for in the writ petition is only a writ of certiorari to quash the order of appointment of the 4th respondent. The petitioner has not chosen to seek any consequential relief in the nature of seeking the appointment order of the petitioner. Even the petitioner has not made out sufficient grounds for setting aside the order of appointment of the 4th respondent. The 4th respondent cannot be said to be disqualified merely because she has only passed SSLC board examination. The minimum requirement for the appointment of the said post is that the candidate should have passed 10th standard. The 4th respondent therefore, clearly qualifies for being appointed. Moreover, she has also obtained more marks than the writ petitioner in the interview. All these factors have been properly considered by the Selection Committee, before recommending the case of the 4th respondent for appointment and the 2nd respondent has also accepted the recommendations of the Selection Committee and appointed the 4th respondent. Therefore, this is Court unable to see any ground to interfere with the order of appointment of the 4th respondent. Consequently the writ petition fails.
5/7
W.P.No.511 of 2018
no order as to costs. Consequently, connected writ miscellaneous petitions are closed.
14.06.2023
Index:Yes/No Speaking order/Non-speaking order
ata
To
2.The District Collector, Villupuram District, Villupuram.
6/7
W.P.No.511 of 2018
P.B.BALAJI,J.
ata
W.P.No.511 of 2018
14.06.2023
2 issues framed by the court
Whether the High Court can interfere with the appointment of the fourth respondent over the applicant who is a graduate, when the minimum qualification for the post is passing SSLC and the appointed c
Whether the appointment of the fourth respondent was arbitrary and illegal given the selection criteria based on qualification, age, and residence.
C. Elamathi
Director cum Mission Director, Department of Integrated Child Development Plan
District Collector, Villupuram District
Child Welfare Development Officer, Thirukovilur Taluk
Kuzhanthai Therasa Julian Mary
P.B. Balaji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
