Madras High Court
Unknown vs The Correspondent on 20 February, 2025
Author: G.Jayachandran
Bench: G.Jayachandran
W.A.MD) No.1475 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.02.2025
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
AND
THE HONOURABLE MS.JUSTICE R.POORNIMA
W.A(MD)No.1475 of 2017
and
C.M.P(MD)No.11643 of 2017
1.The State of Tamil Nadu,
Rep by its Secretary,
Department of Social Welfare
and Nutritious Meals Programme,
Fort St.George,
Chennai-600 009.
2.The District Collector,
Kanyakumari District,
District Collectorate
Nagercoil-629 001
Kanyakumari District.
3.The Personal Assistant to the
District Collector (Noon Meal)
Kanyakumari District,
Kanyakumari.
4.The Commissioner,
Killiyoor Panchayat Union,
Killiyoor,
Kanyakumari District.
Page 1 of 6
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W.A.MD) No.1475 of 2017
5.Block Development Officer,
Killiyoor – 625 157,
Kanyakumari District. ... Appellant/
Respondents 1 to 6
-Vs-
1.The Correspondent,
St.Joseph's Higher Secondary School,
Vizhunthayambalam-629 173
Kanyakumari District. ...1st Respondent/Writ
Petitioner
2.R.Josephine Sheeba Rani
...2nd Respondent/6th
Respondent
PRAYER: Writ Appeal filed under Clause XV of Letters of Patent Appeal,
against the order dated 21.09.2017 made in W.P.No.13287 of 2017 passed by this
Court.
For Appellants : Mr.S.Vinoth
Government Advocate
For R1 : Mr.K.Ragatheesh Kumar
for M/s.Issac Chamber
For R2 : No appearance
JUDGMENT
DR.G.JAYACHANDRAN, J.
AND
R.POORNIMA, J.
The State has preferred this appeal, being aggrieved by the order of the
learned Single Judge, which apparently beyond the scope of the prayer in the writ
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petition. To be precessed the first respondent Management, when there was an
vacancy for the post of Noon Meal Organizer in their School, contemplated to
appoint the person of their choice. However, the District Collector, Kanyakumari
District, vide proceedings dated 08.07.2017, has appointed the sixth respondent
by name Josephine Sheeba Rani as Noon Meal Organizer to the first respondent
School. Being aggrieved, the writ petition was filed seeking issuance of
Certiorarified Mandamus to call for the appointment order passed by the District
Collector in favour of the sixth respondent Josephine Sheeba Rani.
2.The learned Single Judge, while considering the said writ petition, has
taken note of the application given by one Meera Jeba Sudha (not a party to the
writ petition) seeking appointment as Noon Meal Organiser in the first respondent
School, had given a finding that the said Meera Jeba Sudhha is fully eligible and
qualified and therefore, the appointment of sixth respondent to be set aside and
the said Meera Jeba Sudha's appointment has to be approved, since she is a orphan
fully qualified for hold the post.
3.The learned Government Advocate appearing for the appellants would
submit that G.O.Ms.No.163, Social Welfare and Nutritious Meal
Programme(NMP 2) Department, dated 18.08.2010 and G.O.Ms.No.4 of Social
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Welfare and Nutritious Meal Programme (NMP 2) Department, dated 06.01.2011,
envisages the procedure for appointment of Noon Meal Scheme Organiser. In case
of minority aided School, whenever there is a vacancy, the Management can
recommend the name of five persons to be considered for the appointment. Out of
five persons recommended by the Correspondent/Headmaster of the School, the
District Collector can choose one among them and issue appointment order.
Further the said person so appointed as Noon Meal Organiser must be a resident
within 3 Kms from the institution located. Whereas in this case, it has been found
that the sixth respondent, whom the District Collector is appointed, was not
recommended by the Correspondent of the School which is contrary to
G.O.Ms.No.4, dated 06.01.2011. Therefore, there is no apparent error in the order
of the learned Single Judge set aside the appointment of Josephine Sheeba Rani, is
contrary to the said G.O.
4.At the same time, the observations insofar as Meera Jeba Sudha is
obviously erroneous and perverse to the facts and G.O. The appointment to the
post of Noon Meal Organizer should be only by the Collector based on the
recommendations of the Management. The Management itself suo motu cannot
appoint and seek post ratification approval from the Collector.
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5.In this case, the Adar Card of Meera Jeba Sudha indicates that she is
residing at Villavancode, Kanyakumari District, which is 20 Kms away from the
location of the first respondent School. Therefore, on the face of the record, she is
not eligible to get an appointment as Noon Meal Organiser in the first respondent
School and even if the management has thought it fit to recommend her name, the
Government cannot appoint her, since she is not satisfied the required eligible
condition. Unfortunately, the learned Single Judge being carried away by the
submissions made by the institution that the said Meera Jeba Sudha is orphan to
be appointed or not made based on the sympathy, but on satisfaction of the
required qualification and merit.
6.Therefore, the order of the learned Single Judge, insofar as directing the
respondents to approve the appointment of Meera Jeba Sudha is hereby set aside
and the writ appeal is partly allowed. No costs. Consequently, the connected
miscellaneous petition is also closed.
[G.J., J.] & [R.P., J.]
20.02.2025
NCC : Yes / No
Index : Yes / No
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DR.G.JAYACHANDRAN, J.
AND
R.POORNIMA, J.
Ns
To
1.The Department of Social Welfare
and Nutritious Meals Programme,
Fort St.George,
Chennai-600 009.
2.The District Collector,
Kanyakumari District,
District Collectorate
Nagercoil-629 001
Kanyakumari District.
3.The Personal Assistant to the
District Collector (Noon Meal)
Kanyakumari District,
Kanyakumari.
4.The Commissioner,
Killiyoor Panchayat Union,
Killiyoor,
Kanyakumari District.
5.Block Development Officer,
Killiyoor – 625 157,
Kanyakumari District.
and
20.02.2025
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