The High Court dismissed a writ petition challenging the appointment procedure for Noon Meal Organisers in aided schools. Relying on previous orders upholding Government Orders prescribing recruitment criteria, the Court held the petitioner was not entitled to the relief sought.
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.15726 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 28.02.2024
Coram:
THE HONOURABLE MR.JUSTICE BATTU DEVANAND
W.P.No.15726 of 2018
and
W.M.P.No.18683 and 18684 of 2018
Thiru.Kamaraj Aided Elementary School, Represented by its Correspondent, Mr.E.Selvabarathy, Thideerkuppam, Block-30, Neyveli-607 807, Cuddalore District.
.. Petitioner
/versus/
1.The Government of Tamil Nadu, Represented by its Principal Secretary, Social Welfare & Nutritious Meal Programme Department, Secretariat, Fort St.George, Chennai 600 009.
2.The District Collector, Cuddalore District, Cuddalore 607 001.
3.The Block Development Officer, Kammapuram Panchayath Union, Cuddalore District.
4.Sundari
5.Suseela
6.Jayasudha .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
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W.P.No.15726 of 2018
praying to issue a Writ of Certiorarified Mandamus to quash the impugned proceedings in Na.Ka.No.A5/184/2017, dated 20.04.2018 on the file of the Respondents 2 and 3 for appointing Nutritious Meal Organizer to the Thiru.Kamaraj Aided Elementary School, Thideerkuppam, Kammapuram (via) Vattam-30, Neyveli-607 807 Cuddalore District and direct the respondents 1 to 3 to appoint the Nutritious Meal Organiser based on the directions passed this Honourable Court in W.P.No.6747/2017, dated 20.03.2017.
For Petitioner :M/s N.Parameswari
For Respondents : Mr.L.S.M.Hazan Fizal, AGP 1 to 3
This Writ Petition has been filed against the impugned order issued by the 2nd and 3rd respondent in Na.Ka.A5/184/2017, dated 20.04.2018 and for a consequential direction to the respondents 1 to 3 to appoint the Nutritious Meal Organised based on the direction passed by this Court in W.P.No.6747 of 2017, dated 20.03.2017.
filed.
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learned Additional Government Pleader appearing for the respondents 1 to 3 and also perused the materials available on record.
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proceeded to take steps to fill up the post of Noon Meal Organiser as per the terms of Government Orders issued in G.O.Ms.No.163, Social Welfare and Nutritious Meal Programme (SW2) Department, dated 18.08.2010 and G.O.Ms.No.4, Social Welfare and Nutritious Meal Programme (SW2) Department, dated 06.01.2011, which is ex-facie illegal, arbitrary and against the law and sought to allow the writ petition.
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School, which is extracted hereunder:-
“ Government Aided Non-Minority School Nutritious Meal Centres:-
For the appointment of the post of Nutritious Meal Center Employees in the Government Aided Non Minority School Centres should follow the procedure mentioned in the G.O.ms.No.163, Social Welfare and Nutritious Meal Programme, dated 18.08.2010 and Government order relating to Community Roaster vide G.O.Ms.No.142, Social Welfare and Nutritious Meal Programme, dated 06.07.2010. That is, the appointment of non-minorities school Nutritious Meal Programme employees (Organizer, Cook (and) Assistant) should be done in the same manner as the appointment of nutrition workers of Government/Local Body School Center (Panchayat Union/Municipality/Corporation).”
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163, Social Welfare and Nutritious Meal Programme Department, dated 18.08.2010 and G.O.Ms.No.142, Social Welfare and Nutritious Meal Programme Department, dated 06.07.2010 are upheld by this Court, in the considered view of this Court, the petitioner is not entitled for the relief sought for in the present Writ Petition, as the issue has already been decided by this Court in the said Writ Appeals.
28.02.2024
Index:yes/no Internet:yes/no Speaking order/non speaking order Neutral Citation:yes/no ari
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W.P.No.15726 of 2018
To:
1.The Government of Tamil Nadu, Represented by its Principal Secretary, Social Welfare & Nutritious Meal Programme Department, Secretariat, Fort St.George, Chennai 600 009.
2.The District Collector, Cuddalore District, Cuddalore 607 001.
3.The Block Development Officer, Kammapuram Panchayath Union, Cuddalore District.
BATTU DEVANAND,J.
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W.P.No.15726 of 2018
ari
W.P.No.15726 of 2018 and W.M.P.Nos.18683 and 18684 of 2018
28.02.2024
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2 issues framed by the court
Whether the appointment of Noon Meal Organiser in Private Aided Non-Minority Schools can be disconnected from the School Management?
Whether the respondents' procedure for appointing Noon Meal Organisers as per G.O.Ms.No.163 and G.O.Ms.No.4 is legal and arbitrary?
Colour shows how this judgement treated each authority
W.A.(MD)Nos.792 of 2012Referred¶46
W.A.(MD)Nos.792 of 2012
W.P.No.6747/2017Referred¶22
W.P.No.6747/2017, dated 20.03.2017
2 provisions across 2 enactments
Thiru.Kamaraj Aided Elementary School, Represented by its Correspondent, Mr.E.Selvabarathy
The Government of Tamil Nadu, Represented by its Principal Secretary, Social Welfare & Nutritious Meal Programme Department
The District Collector, Cuddalore District
The Block Development Officer, Kammapuram Panchayath Union
Sundari
Suseela
Battu Devanand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
