Madras High Court
Jayakrishna Aided Primary School vs The District Collector on 19 October, 2022
W.P.No. 11621 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.10.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No. 11621 of 2017
and
W.M.P.No. 12637 of 2017
Jayakrishna Aided Primary School,
Represented by its Secretary,
Echuvari, Valayapatti Post,
Sendamangalam Taluk,
Namakkal District.
... Petitioner
Vs.
1. The District Collector,
Namakkal District,
Collectorate campus,
Namakkal, Tamilnadu.
2. The Personal Assistant to the District Collector
of Namakkal,
(Nutritious Meal Programme)
Collectorate Campus,
Namakkal, Tamilnadu.
3. The Commissioner,
Erumaipatti Panchayat Union,
Erumaipatty, Sendamangalam Taluk,
Namakkal District, Tamilnadu.
... Respondents
Page 1 of 5
https://www.mhc.tn.gov.in/judis
W.P.No. 11621 of 2017
Prayer: Writ Petition filed Under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the respondents 1 and 2 herein to
follow the selection process applicable to Non-minority school vide G.O.(Ms)
No. 4 dated 06.01.2011 issued by Social Welfare and Nutritious Meal
Programme Department for the post of Nutritious Meal organiser and cook
assistant by considering the petitioner's school as a Non-minority school.
For Petitioner : Mr. T.L. Thirumalaisamy
For Respondents : Mr. V. Arun
Additional Advocate General
Assisted by
Mrs. S. Mythreyechandru
Special Government Pleader
for R1 and R2
Mr. K.H. Ravikumar
for R3
ORDER
The relief sought for in the present writ petition is to direct the
respondents 1 and 2 to follow the selection process applicable to the non-
minority schools vide G.O.(Ms) No. 4 dated 06.01.2011, issued by the Social
Welfare and Nutritious Meals Programme Department for the post of
Nutritious Meal Organiser and Assistant Cook.
2. The petitioner is Jayakrishana Aided Primary School at
Sendamangalam Taluk. The grievance of the writ petitioner is that the
petitioner school has not been treated as non-minority school for the purpose
of availing benefits conferred by the Government vide G.O.(Ms) .4 dated
https://www.mhc.tn.gov.in/judis
W.P.No. 11621 of 2017
06.01.2011.
3. The learned Additional Advocate General appearing for the
respondents 1 and 2, made a submission that the Government Order issued in
G.O.(Ms). No. 4 dated 06.01.2011, was upheld by the Hon'ble Division
Bench of this Court in judgment dated 22.03.2017 in W.A.(MD) Nos. 792 of
2012, etc.
4. In view the fact that the validity of G.O.(Ms) No. 4, Social Welfare
and Nutritious Meals Programme Department dated 06.01.2011 has been
upheld, the said G.O, is to be followed by the authorities competent.
5. The grievance of the writ petition is that the petitioner school is not
a minority school and therefore the benefits have to be extended and there is
no impediment for extending the benefit of G.O.(Ms) No. 4 dated
06.01.2011, in favour of the petitioner school. Accordingly, the respondents
are directed to extend the benefits conferred in G.O.(Ms) No. 4 dated
06.01.2011, to the petitioner school, by following the procedures as
contemplated.
6. With these directions, the writ petition stands disposed of . No
https://www.mhc.tn.gov.in/judis
W.P.No. 11621 of 2017
costs. Consequently, connected miscellaneous petition is closed.
19.10.2022
mrn
Index : Yes / No
Speaking order / Non-Speaking order
To
1. The District Collector,
Namakkal District,
Collectorate campus,
Namakkal, Tamilnadu.
2. The Personal Assistant to the District Collector
of Namakkal,
(Nutritious Meal Programme)
Collectorate Campus,
Namakkal, Tamilnadu.
3. The Commissioner,
Erumaipatti Panchayat Union,
Erumaipatty, Sendamangalam Taluk,
Namakkal District, Tamilnadu.
S.M.SUBRAMANIAM, J.
https://www.mhc.tn.gov.in/judis
W.P.No. 11621 of 2017
mrn
W.P.No. 11621 of 2017
and
W.M.P.No. 12637 of 2017
19.10.2022
https://www.mhc.tn.gov.in/judis
