Madras High Court
Dharma Primary School vs The Secretary To Government on 20 November, 2024
Author: J.Sathya Narayana Prasad
Bench: J.Sathya Narayana Prasad
W.P.No.9602 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.11.2024
CORAM:
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD
W.P.No.9602 of 2020
and
W.M.P.No.11732 of 2020
Dharma Primary School,
Rep. by its Agency & Secretary,
Aladipatti,
Surandai – 627 859
Tenkasi District. ...Petitioner
-Vs-
1.The Secretary to Government,
Social Welfare and Nutrition Meal,
Programme Department,
Government of Tamil Nadu,
Fort St.George,
Chennai – 600 009.
2.The District Collector,
Tenkasi District,
Tenkasi.
3.The Personnel Assistant to
the District Collector of Tenkasi
(Noon Meal Programme)
Tenkasi,
Tenkasi District.
4.The Commissioner,
https://www.mhc.tn.gov.in/judis
1/6
W.P.No.9602 of 2020
Kilapavoor Panchayat Union,
Kilapavoor,
Tenkasi District. ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying for the issuance of a direction in the nature of Writ of Certiorarified
Mandamus calling for the records relating to G.O.Ms.No.4 dated 06.11.2011
and G.O.Ms.No.72 dated 30.04.2012, Social Welfare and Nutrition Meal
Programme (NMS-2 Department) issued by the first respondent and
consequential the proceedings passed by the fourth respondent in
Na.Ka.No.A6/3745/2019 dated 30.06.2020 and quash the same in so far as
item 14 is concerned and direct the respondents to fill up the post of Noon
Meal Cook by calling up the list of candidates from the petitioner's school in
respect of Noon Meal Organizer, Noon Meal Cook and Noon Meal Cook
Assistant in the petitioner's school and pass such further orders.
For Petitioner : Mr.L.Chandrakumar
For R1 to R3 : Mr.M.Rajendiran
Additional Government Pleader
For R4 : Mr.M.Digvijayapandian
ORDER
This writ petition is filed to quash G.O.Ms.No.4 dated 06.11.2011
and G.O.Ms.No.72 dated 30.04.2012, Social Welfare and Nutrition Meal
Programme (NMS-2 Department) issued by the first respondent and
consequential proceedings passed by the fourth respondent in
https://www.mhc.tn.gov.in/judis
Na.Ka.No.A6/3745/2019 dated 30.06.2020 and direct the respondents to fill
up the post of Noon Meal Cook by calling up the list of candidates from the
petitioner's school in respect of Noon Meal Organizer, Noon Meal Cook and
Noon Meal Cook Assistant in the petitioner's school.
2. Learned Additional Government Pleader appearing for
respondents 1 to 3 submitted that both G.O.Ms.No.4 dated 06.11.2011 and
G.O.Ms.No.72 dated 30.04.2012, Social Welfare and Nutrition Meal
Programme (NMS-2 Department) issued by the first respondent and
consequential proceedings passed by the fourth respondent in
Na.Ka.No.A6/3745/2019 dated 30.06.2020 have been upheld by the Division
Bench of this Court in W.A(MD)Nos.792 of 2012 and batch and
W.P(MD)Nos.18443 of 2015 and batch dated 22.03.2017, wherein this
Court held as follows:
“88. In view of our above decision, the validity of
the said criteria i.e. imposing different procedure for
appointment for Government Aided Minority School and
Government Aided Non-Minority School vide G.O.Ms.No.4,
Social Welfare and Nutritious Meal Programme
Department, dated 06.01.2011 is upheld.
95. First let us test the validity of G.O.Ms.No.43,
https://www.mhc.tn.gov.in/judis
Social Welfare and Nutritious Meal Programme
Department dated 28.08.2014. G.O.Ms.No.43, dated
28.08.2014, is akin to G.O.Ms.No.72 dated 20.04.2012. In
the earlier part of our judgment we have discussed in detail
the validity of G.O.Ms.No.72 dated 20.04.2012 and upheld
its validity.”
3. In view of the above submission made by the learned Additional
Government Pleader appearing for respondents 1 to 3, nothing survives in
this writ petition for further adjudication.
4. Recording the same, the writ petition stands closed. No costs.
Consequently, connected miscellaneous petition is closed.
20.11.2024
cda
Index : Yes/No
Speaking/Non Speaking order
https://www.mhc.tn.gov.in/judis
To
1.The Secretary to Government,
Social Welfare and Nutrition Meal,
Programme Department,
Government of Tamil Nadu,
Fort St.George,
Chennai – 600 009.
2.The District Collector,
Tenkasi District,
Tenkasi.
3.The Personnel Assistant to
the District Collector of Tenkasi
(Noon Meal Programme)
Tenkasi,
Tenkasi District.
4.The Commissioner,
Kilapavoor Panchayat Union,
Kilapavoor,
Tenkasi District.
J.SATHYA NARAYANA PRASAD, J.
https://www.mhc.tn.gov.in/judis
cda
20.11.2024
https://www.mhc.tn.gov.in/judis
