Madras High Court
A.Senthamarai vs The District Project Officer on 3 March, 2021
W.P.No.4690 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 03.03.2021
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.4690 of 2021
and
W.M.P.No.5311 of 2021
(Heard through VC)
A.Senthamarai .. Petitioner
-vs-
1.The District Project Officer,
Dharmapuri District,
Dharmapuri.
2.The Integrated Child Development Project Officer,
Karimangalam,
Dharmapuri District.
3.R.Navaneetha .. Respondents
Prayer: Petition filed under Article 226 of Constitution of India to issue
a Writ of Certiorarified Mandamus, calling for the records of the order
passed in Se.Mu.Na.Ka.No.539/m1/2017 dated 09.02.2018 by the 1st
respondent and quash the same as illegal and consequently direct the
1st and 2nd respondents to appoint the petitioner as an Anganvadi
Worker for the place Nagathalakuluppu Anganvadi Centre No.28,
Karimangalam, Dharmapuri District.
For Petitioner : Mr.V.Balamurugan
For Respondents 1 & 2 : Mrs.P.Rajalakshmi
Additional Government Pleader
1/4
https://www.mhc.tn.gov.in/judis/
W.P.No.4690 of 2021
ORDER
The writ petition has been filed challenging the order passed
by the 1st respondent in Se.Mu.Na.Ka.No.539/m1/2017 dated
09.02.2018 and consequently for a direction to the first and second
respondents to appoint the petitioner as an Anganvadi Worker in the
place of Nagathalakuluppu Anganvadi Centre No.28, Karimangalam,
Dharmapuri District.
2. Mrs.P.Rajalakshmi, learned Additional Government Pleader
takes notice on behalf of the respondent Nos.1 and 2. Since, no
adverse order is passed against the third respondent, notice to the third
respondent is dispensed with.
3. By consent of both parties, the writ petition is taken up for
final disposal at the admission stage itself.
4. When the matter is taken up for hearing, it is represented
by the learned Additional Government Pleader that the issue involved in
this case is already been decided and the similar request was negatived
by this Court in W.P.No.4459 of 2021 dated 27.02.2021, which fact has
not been disputed by the learned counsel appearing for the petitioner.
For the sake of convenience, the order passed by this Court in
W.P.No.4459 of 2021 dated 27.02.2021 is extracted hereunder:
https://www.mhc.tn.gov.in/judis/
W.P.No.4690 of 2021
“8. The fact that the petitioner is M.A., B.Ed., D.Ted. and
that the third respondent is 10th standard is not disputed.
The minimum qualification required for appointment as an
Anganvadi worker is 10th standard. Both of them are residing
in the same area. Merely because, the third respondent may
have chances in future to participate in the selection process
and get appointment as Anganvadi Worker, cannot be a
ground to interfere with the order of the first respondent as
stated supra. This Court is not rejecting the writ petition only
on the ground of delay, as it may give one more round of
litigation. When the minimum qualification is prescribed and
the third respondent was eligible to be appointed, her case
was considered and she was appointed. The contention of
the learned counsel appearing for the petitioner that the
third respondent has been appointed with the influence of
the Minister cannot be accepted, as there is no evidence to
that effect. If such a contention is going to be accepted, it
may also be stated that a person in a higher position may be
influential for directing the petitioner to file the present writ
petition. For looking after the children, higher qualification
may not be required at all, because M.A., B.Ed., D.Ted. are
of only qualifications and many, having qualifications, cannot
said to be educated and the persons, who have not seen the
school may be well educated than the qualified.
9. In view of the above, the writ petition fails and is
dismissed. Consequently, the connected miscellaneous
petition is closed. No costs.”
https://www.mhc.tn.gov.in/judis/
W.P.No.4690 of 2021
S.VAIDYANATHAN, J.
rsi
5. In the light of the aforesaid judgment and also considering
the fact that the issue has already been decided by this Court, these
writ petitions are dismissed as devoid of merits. Consequently, the
connected miscellaneous petition is closed. No costs.
03.03.2021
Index : Yes/No
Internet : Yes/No
Speaking order / Non speaking order
rsi
To
1.The District Project Officer,
Dharmapuri District,
Dharmapuri.
2.The Integrated Child Development Project Officer,
Karimangalam,
Dharmapuri District.
W.P.No.4690 of 2021
and
W.M.P.No.5311 of 2021
https://www.mhc.tn.gov.in/judis/
