The petitioner challenged the appointment of another candidate as Noon Meal Organizer, claiming preference based on residence proximity and age. The Court held that the selected candidate secured higher marks and both candidates fulfilled the distance qualification, resulting in dismissal of the petition.
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W.P.No.1242 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 26.02.2024
Coram:
THE HONOURABLE MR. JUSTICE BATTU DEVANAND
Writ Petition No.1242 of 2018 and W.M.P.No.1550 of 2018
V.Jayaprabha .. Petitioner
/versus/
1.The District Collector, Dharmapuri District, Dharmapuri.
2.The Block Development Officer, Morappur Panchayat Union, Harur Taluk, Dharmapuri District.
3.Selvi .. 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 records relating to the impugned order passed by the 2nd respondent made in Na.Ka.No.576/2017/A7 dated 19.11.2017 by appointing the 3rd respondent as Noon Meal Organizer at Panchayat Union Elementary School, Peramandappatti, Morappur Panchayat Union, Dharmapuri
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2 nd
W.P.No.1242 of 2018
District is concerned and to quash the same and consequently direct the 2nd respondent to appoint the petitioner as Noon Meal Organiser at Panchayat Union, Elementary School at Peramandapatti, Morappur Panchayat Union, Dharmapuri District based on the interview dated 18.07.2017.
For Petitioner :No appearance For Respondents :Mr.L.S.M.Hazan Fizal AGP for R1 to R2 R3-not ready
O R D E R
This Writ Petition has been filed against the order dated 19.11.2017 by appointing the third respondent as Noon Meal Organizer at Panchayat Union Elementary School, Peramandappatti, Morappur Panchayat Union, Dharmapuri District and consequently, to direct the 2nd respondent to appoint the petitioner as Noon Meal Organizer at Panchayat Union Elementary School at Peramandapatti, Morappur Panchayat Union, Dharmapuri District, based on the interview dated 18.07.2017.
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W.P.No.1242 of 2018
the petitioner and the third respondent.
for respondents 1 and 2 and perused the materials available on record.
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considered as deserving candidate for the post of Noon Meal Organizer.
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appointment order, the present Writ Petition is filed. It is also averred in the said counter affidavit that the petitioner secured 31 marks and the third respondent secured 42 marks in the interview including the distance aspect. It is stated in the counter-affidavit that the distance between the residence of the petitioner and the work place is 2.5 km and the distance of the third respondent and the work place is 1 km. Considering all other aspects, the 2nd respondent/competent authority decided to appoint the third respondent as Noon Meal Organizer.
respondents 1 and 2 submits that two grounds raised by the petitioner are not available to her, in view of the fact that on the distance aspect, the third respondent is qualified and there is no preference for the widows in the selection.
Department, dated 16.08.2010, the distance between the residence of the applicant and the place of work should be within the three kilometres.
W.P.No.1242 of 2018
case against the order passed by the second respondent in appointing the
third respondent as Noon Meal Organizer.
26.02.2024
Index:yes/no Speaking order/non speaking order Neutral citation:yes/no ari
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W.P.No.1242 of 2018
To:
1.The District Collector, Dharmapuri District, Dharmapuri.
2.The Block Development Officer, Morappur Panchayat Union, Harur Taluk, Dharmapuri District.
W.P.No.1242 of 2018
BATTU DEVANAND, J.
ari
W.P.No.1242 of 2018 and
W.M.P.No.1550 of 2018
26.02.2024
1 issue framed by the court
Whether the petitioner, who secured lower marks in the interview and resides further from the workplace, is entitled to preferential appointment as Noon Meal Organizer over the selected candidate.
1 provisions across 1 enactments
V.Jayaprabha
The District Collector, Dharmapuri District, Dharmapuri
The Block Development Officer, Morappur Panchayat Union, Harur Taluk, Dharmapuri District
Selvi
BATTU DEVANAND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
