Madras High Court
K.Selvalakshmi vs The District Collector on 30 March, 2022
W.A(MD)No.491 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.A(MD)No.491 of 2011
and
M.P(MD)No.1 of 2011
K.Selvalakshmi :Appellant/Petitioner
.vs.
1.The District Collector,
Tirunelveli District,
Tirunelveli.
2.The Personal Assistant to Collector,
Collector's Office,
Tirunelveli.
3.The Commissioner,
Kuruvikulam Panchayat Union,
Tirunelveli District.
4.S.Sahayamari : Respondents/Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent
against the order dated 14.09.2010 made in W.P(MD)No.7502 of 2010.
1/6
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W.A(MD)No.491 of 2011
For Appellant :Mr.K.K.Kannan
For R-1 & R-2 :Mr.V.Nirmal Kumar,
Government Advocate
For R-3 :No Appearance
JUDGMENT
*************
R.SUBRAMANIAN,J.
AND
N.SATHISH KUMAR , J.
The petitioner in W.P(MD)No.7502 of 2010 challenges the
dismissal of her writ petition along with a batch of cases, on the ground
that the Writ Court has not considered her specific case that the Post in
question namely the Noon Meal Organizer at the Panchayat Union
Elementary School, Kasilingapuram, was reserved for Most Backward
Class community and hence, the appointment of the fourth respondent,
who is a Backward Class Christian, to the said Post is not valid.
2. No doubt, the writ Court has disposed of the writ petition along
with a batch of similar cases wherein the main ground of challenge was
relating to the domicile of the appointees. The appellant/ petitioner
relied upon the notification said to have been issued by the District
Collector, Tirunelveli on 19.02.2009, to contend that the Post of Noon
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W.A(MD)No.491 of 2011
Meal Organizer at Panchayat Union Elementary School, Kasilingapuram,
was reserved for Most Backward Class community. The respondents
would claim that the said Post was not reserved for Most Backward Class
community, it was reserved for Backward Class Christians in the
proceedings of the District Collector, dated 20.07.2008. Since there was
uncertainity regarding the claim, we had directed the learned
Government Advocate to produce the entire original records.
3. The entire original records relating to the recruitment of Noon
Meal Organizer has been placed before us. We find that the proceedings
of the District Collector, Tirunelveli, dated 20.07.2008 bearing Reference
No.N9/50460/2008, show that this particular Post namely the Post of
Noon Meal Organizer in Panchayat Union Elementary School,
Kasilingapuram, is reserved for Backward Class Christians.
4. The appellant / writ petitioner has produced the proceedings
issued by the District Collector bearing the very same number dated
19.02.2009, which shows that the said Post has been reserved for Most
Backward Class community.
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W.A(MD)No.491 of 2011
5. The original notification dated 19.02.2009 has been produced
before us by the respondents. The said notification does not contain the
reservation roster. It only contains the details of the Post and certain
conditions for recruitment to the said Post. It is therefore clear that the
proceedings in Reference No.N9/50460/2008, dated 19.02.2009, issued
by Thiru.G.Prakash, I.A.S., as District Collector of Tirunelveli District,
does not contain the communal roster and the roster that was followed is
contained in the proceedings of the District Collector, Tirunelveli, dated
20.07.2008. The fourth respondent satisfies the requirement of the
communal roster as she is Backward Class Christian. Therefore, we dot
not see any merit in this appeal and therefore, the writ appeal fails and is
accordingly dismissed. No Costs. Consequently, connected
Miscellaneous Petition is closed.
[R.S.M.,J.] [N.S.K.,J.]
30.03.2022
Index:Yes/No
Internet:Yes/No
pm
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W.A(MD)No.491 of 2011
To
1.The District Collector,
Tirunelveli District,
Tirunelveli.
2.The Personal Assistant to Collector,
Collector's Office,
Tirunelveli.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.491 of 2011
R.SUBRAMANIAN,J.
AND
N.SATHISH KUMAR , J.
pm
JUDGMENT MADE IN
W.A(MD)No.491 of 2011
30.03.2022
https://www.mhc.tn.gov.in/judis
