Madras High Court
Somasundaram Aided Elementary ... vs The District Collector on 5 January, 2022
W.P.(MD)No.14715 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.(MD)No.14715 of 2020
and
W.M.P.(MD)No.12393 of 2020
Somasundaram Aided Elementary School,
Sayalkudi,
Ramanathapuram District. ... Petitioner
versus
1. The District Collector,
Ramanathapuram District,
Ramanathapuram.
2. The Personal Assistant to the Collector,
Office of the District Collector,
Ramanathapuram District,
Ramanathapuram.
3. The Commissioner of Panchayat Union,
Kadaladi Panchayat Union,
Kadaladi,
Ramanathapuram District. ... Respondents
1/12
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.14715 of 2020
Writ Petition filed under Article 226 of the Constitution of India,
seeking for the issuance of Writ of Certiorarified Mandamus, to call for
the records relating to the impugned notification in br/bt/No.
31/September dated 23.09.2020 passed by the first respondent insofar
as appointment of Noon Meal Organizer in the petitioner school
namely Somasundaram Aided Elementary School, Sayalkudi,
Ramanathapuram District as mentioned in Serial No.32 of the
impugned Notification is concerned and quash the same and direct the
first respondent to call for the candidates list from the petitioner School
Management for the post of Noon Meal Organizer in the petitioner
School.
For Petitioner : Mr.A.K.Kannan
For Respondents : Mr.Veera Kathiravan,
Additional Advocate General
assisted by
Mr.S.Saji Bino,
Special Government Pleader
ORDER
This writ petition has been filed by the petitioner School, a Non-
Minority School, challenging the Notification on the ground that there
is no reference about the selection committee and the Government
Order in G.O.Ms.No.28, dated 05.09.2020.
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W.P.(MD)No.14715 of 2020
2. The petitioner School is a private aided school, imparting
education to students hailing from poor families. The State
Government extended Dr.M.G.R. Noon-Meal Scheme to the petitioner
Schools by sanctioning three posts, namely one organizer, one cook
and one assistant to the Noon Meal Centre attached with the Schools.
The Government issued G.O.Ms.No.918, dated 03.01.1989 and
G.O.Ms.No.294, Social Welfare and Nutritious Meal Programme
(NMP-I) Department, dated 21.10.1993, prescribing the mode of
selection for the noon-meal organizers in private schools.
3. According to the petitioner, the private school Management
shall forward the list of five candidates to the District Collector and the
District Collector will select a candidate from the list and thereafter, the
appointment order will be issued in the name of Personal Assistant to
the Collector.
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W.P.(MD)No.14715 of 2020
4. While so, the first respondent issued various Government
Orders in G.O.Ms.No.142 dated 06.07.2010, G.O.Ms.No.163, dated
18.08.2010, G.O.Ms.No.4 dated 06.01.2011 and G.O.Ms.No.72 dated
30.04.2012. In G.O.Ms.No.72, dated 30.04.2012, it was stated that
every appointment should be made by the committees formed. After
issuing G.O.Ms.No.72, the first respondent did not form any committee
and failed to call for the candidate list from the school. Challenging
the Government Orders, a series of writ petitions have been filed,
wherein, this Court set aside the above Government Orders. While so,
the first respondent issued a Notification dated 23.09.2020 inviting
applications for the post of Noon Meal Organizer/Noon Meal
Assistants in various Noon Meal Centres in Ramanathapuram District
including the petitioner School. According to the petitioner, when the
above said Government Orders are declared as null and void in the
batch of writ petitions, the respondents have no power to make any
appointment of Noon Meal Organizer. Aggrieved over the same, the
present writ petition has been filed.
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W.P.(MD)No.14715 of 2020
5. The learned Additional Advocate General appearing for the
respondents submits that the petitioner School is a private aided
School. The appointment of Noon Meal Organizer to be made is
covered under G.O.Ms.No.72, Social Welfare and Noon Meal
Programme (NMP-2) dated 30.04.2012, G.O.Ms.No.163, Social
Welfare and Noon meal Programme (NMP-2) Department, dated
18.08.2010, G.O.Ms.No.206, Social Welfare and Noon Meal
Programme Department dated 04.07.2012 and G.O.Ms.No.4, Social
Welfare and Nutritious Meal Programme (NMP 2) dated 06.01.2011
and not under G.O.Ms.No.918 dated 03.01.1989, G.O.Ms.No.294,
Social Welfare Department dated 21.10.1993 and G.O.Ms.No.206,
Social Welfare and Nutritious Meal Programme Department dated
13.09.1996. The appointment of Noon Meal Organizer has to be made
in the aided private schools in terms of G.O.Ms.No.4 Social Welfare
and Nutritious Meal Programme (NMP-II) Department dated
06.01.2011 issued by the Social Welfare and Noon Meal Scheme
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W.P.(MD)No.14715 of 2020
Department. The Government Orders, namely, G.O.Ms.No.163, dated
18.08.2010 and G.O.Ms.No.4, dated 06.01.2011 were challenged
before this Court in W.P.(MD)No.7981 of 2012, etc. (batch cases),
wherein, this Court quashed G.O.Ms.No.4 dated 06.01.2011 and also
quashed a portion of G.O.Ms.No.163, dated 18.08.2010 with regard to
the distance of 3 kms. for consideration of appointment. Aggrieved
over the same, the Government filed W.A.(MD)No.792 of 2012, etc.,
wherein, a Division Bench of this Court held that G.O.Ms.No.4, dated
06.01.2011 is valid. Thereafter, G.O.Ms.No.163, Social Welfare and
Nutritious Meal Programme (NMP II) Department dated 18.08.2010
and G.O.Ms.No.4 Social Welfare and Nutritious Meal Programme
Department dated 06.01.2011 are in operation.
6. The learned Additional Advocate General further submits that
the Government, in order to ensure that noon-meal is being provided to
the students in the pandemic situation, issued G.O.Ms.No.28, Social
Welfare and Nutritious Meal Programme (NM4-2) Department, dated
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W.P.(MD)No.14715 of 2020
05.09.2020, constituting three selection committees. Pursuant to the
said G.O., the impugned notification was issued. Without challenging
the said G.O., these writ petitions are filed. Now, the selection process
was completed. It is further submitted that the said G.O. is issued only
for selecting candidates for a particular year, i.e. for the year 2020 and
that too due to pandemic situation that was in existence. Therefore, the
writ petition is not maintainable.
7. This Court paid its anxious consideration to the rival
submissions made.
8. The Government, in order to encourage the students to come
to school and to ensure that they are provided at least one time meal,
introduced Noon Meal Scheme. The Scheme is subsequently developed
as a Nutritious Meal Programme. Under the Nutritious Meal
Programme, Noon Meal Cooks were established in every school and
the Nutritious Meal Organizers were appointed in consultation with the
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W.P.(MD)No.14715 of 2020
Management of the Aided, Minority and Non Minority institution. The
Managements would propose a panel of five names to the Collector for
appointment and the Collector shall approve any one of the names,
recommended by the Management and thereafter, the Management will
issue appointment orders.
9. The Government have also noticed frequent friction between
the Management of the School and Nutritious Meal Organizers and for
the purpose of smooth functioning of the scheme, the Government
framed certain procedures for appointment of Nutritious Meal
Organizers by constituting a Selection Committee with the following
persons for appointing nutritious meal organizers in minority and non-
minority aided schools.
Personal Assistant (NMP to the Collector - Chairman
Correspondent/Headmaster of the concerned
School - Member
Commissioner of the concerned
Panchayat Union - Member
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W.P.(MD)No.14715 of 2020
10. The Government has also prescribed certain qualifications for
the posts, vide G.O.Ms.No.163 dated 18.08.2002. While so, the
Government issued G.O.Ms.No.4, Social Welfare Nutritious Meal
Programme (NMP Department) dated 06.01.2012 laying down the
guidelines for appointment. By this Government Order, the District
Collector, Personal Assistant to the Collector of the Noon-Meal
Organizers were authorized to select a list of persons, out of which,
school would select five persons and out of five persons selected by
school, one must be appointed to the post of Cook.
11. The said Government Order was challenged on the ground
that the Management can have control over the Noon Meal Organizers
only if the candidates are appointed by them and that the Managements
are providing all infrastructure facilities and cooking amenities for the
preparation of noon-meal. Therefore, they must have the right to
choose a person.
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W.P.(MD)No.14715 of 2020
12. This Court, in W.P.No.13732 of 1992 delivered a Judgment
that the Correspondent of the Aided Schools has no right in the
administration of Nutritious Meal Programme, which is entirely run by
the Government, because the entire expenses for the scheme are borne
by the Government.
13. According to the learned Additional Advocate General, the
impugned notification was issued based on G.O.Ms.No.28 dated
05.09.2020 and now, the selection process was completed. As rightly
pointed out by the learned Additional Advocate General, this writ
petition is filed without challenging the said G.O.Ms.No.28, dated
05.09.2020. According to him, in order to ensure that noon-meal is
being provided to the students in the pandemic situation, G.O.Ms.No.
28 dated 05.09.2020 was issued only for a limited period of one year
and that too due to the pandemic situation.
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W.P.(MD)No.14715 of 2020
14. In view of the submission made by the learned Additional
Advocate General that the selection process was completed and since
this writ petition is filed without challenging G.O.Ms.No.28 dated
05.09.2020, this writ petition is not maintainable. Accordingly, the
writ petition is dismissed. No costs. Consequently, connected
miscellaneous petition is closed.
05.01.2022
ogy
Note : In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be utilized
for official purposes, but, ensuring that the copy of the order
that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
1. The District Collector,
Ramanathapuram District,
Ramanathapuram.
2. The Personal Assistant to the Collector,
Office of the District Collector,
Ramanathapuram District
3. The Commissioner of Panchayat Union,
Kadaladi Panchayat Union,
Kadaladi, Ramanathapuram District.
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W.P.(MD)No.14715 of 2020
B.PUGALENDHI, J.
ogy
W.P.(MD)No.14715 of 2020
05.01.2022
https://www.mhc.tn.gov.in/judis
