Before the Madurai Bench of Madras High Court
THE HONOURABLE MR. JUSTICE K. CHANDRU
P. Vasantha
Versus
The District Collector & Others
WRIT PETITION (MD) No.4718 of 2007, 4721, 4971 and 5954 of 2007 & M.P. (MD) Nos.1, 2, 3, 1, 1, 1 and 2 of 2007
Decided On : 18-07-2007
In W.P.(MD)No. 4971 of 2007, the prayer is to consider the appointment of the petitioner in the place of the third respondent as Noon-Meal Organiser in Chokkanathanpatti, Kappalur.
2. In W.P.(MD)No.5954 of 2007, the petitioner wants appointment to the post of Helper in the Noon Meal Centre at Anaikulam Village Panchayat Primary School in the place of 4th respondent therein.
3. In W.P.(MD) No.4718 of 2007, relates to the Anganvadi Centres where the petitioner seeks appointment as an Anganvadi Assistant in Sengalpatti Village, Vadasanthur Taluk.
4. In W.P.(MD) No.4721 of 2007, the petitioner wants an appointment to the petitioner as an Anganvadi Assistant in Vedasanthur Taluk to the exclusion of the 4th respondent.
5. In all these Writ Petitions, the question relates to the claim for appointment either as Noon-Meal Organiser or Helper or Assistants in the Anganvadi Centres and most of the arguments are based on similar contentions. Therefore, it was thought necessary to deal with them together.
6. Insofar as the appointment to the post of Assistants in the Anganvadi Centres, the matter is covered by Government Orders prescribing norms and guidelines while making those appointments. Normally, a Selection Committee for selection of Assistants consists of Panchayat Union Commissioner, District Project Officer of the Anganvadi Centres of the respective Districts and Child Development Project Officer as well as Government Medical Officer of Primary Health Centres.
7. As per the guidelines issued by the Government, the selection is by an interview committee. After conducting an interview a list of candidates block-wise are sent to the District Collector and he approves the selection on that basis. Appointments are made by the District Collector.
8. As per the revised guidelines issued in G.O.Ms.No.237 Social Welfare (Noon-Meal) Department dated 18.8.1997, the persons to be selected should be a local person in the village or he should be residing within 1 KM radius of the Noon-Meal Centre. The minimum age is 20 years and the maximum age is 35 years and in case of widows and destitute women, relaxation can be granted upto 40 years. The minimum educational qualification is X Standard pass. While at the time of appointment, they should be below 40 years and their service should be put an end on completion of 55 years of age. However, the earlier order G.O.Ms.No.303 Social Welfare and Noon-Meal Project Department dated 19.8.2005 further guidelines were given. It is stated in that order, that wherever a vacancy arises in Anganvadi Centres, a local village qualified person must be appointed and in case of non-availability of qualified person, they should consider the name of other villages in the same Panchayat Union within 10 Kms radius from the village can be considered for the said appointment.
9. In the counter affidavit filed in W.P.(MD)No.4718 of 2007 and 4721 of 2007, it is stated by the official respondents that no person is claimed to have any experience in having held the post unless an order of appointment to that effect is produced by them and that several aspects are to be considered by the Selection Committee. As per the interview and by Committees joint decision, the selection is made. In both the petitions, there is no case is made out against the process of selection except for a claim of preferences that the experience that they had allegedly obtained without there being an appointment order in their favour, should have been taken into account.
10. In W.P. (MD) No.4971 of 2007, as already stated, in respect of the selection to the post of Noon-Meal Organiser, the selection process has to go by G.O.Ms.No.88 Social Welfare and Noon Meal Department dated 21.8.2006. Normally, the selection is done by a District Level Selection Committee which comprises of Personal Assistant (NMP) to the District Collector, Project Officer (Child Development) and Block Development officer of the Panchayat Union. As per the guidel
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