JUDGMENT :

N. ANAND VENKATESH, J.

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to G.O.Ms. No. 60 Rural Development and Panchayat Raj (CGS-1) Department passed by the 1st respondent, and Notification bearing No. Se.Ma.Tho.E.537/valaikalai/2019 dated NIL passed by the 2nd respondent and quash the same and direct the 4th respondent to frame Rules/norms for the selection and appointment to the post of Director of SASTA in compliance with the provisions of NREG Act, 2005 and MGNREG Audit of Scheme Rules, 2011 particularly Rule 4 and 5 thereof, and the norms prescribed by the 3rd respondent in Letter No. M-13015/2012-MGNEREGA-VII (Pt) dated 11.08.2014 by inter-alia providing due weightage for experience in ‘social audit’ within a stipulated time limit and permit the petitioner to apply for and participate in the selection for the said post, with all consequential benefits.

1. The present writ petition has been filed challenging the notification issued by the 1st respondent in G.O.Ms. No. 60, dated 21.05.2019 and the consequent notification of the 2nd respondent calling for applications to fill up the post of Director, Social Audit Society of Tamil Nadu (“SASTA”) and for consequential direction to the respondents to frame Rules/norms for the selection and appointment to the said post in compliance with the provisions of Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (“MGNREG Act, 2005”) and MGNREGA Audit of Scheme Rules, 2011 (“Audit of Scheme Rules, 2011”).

2. The case of the petitioner is that he retired as an Additional Director of the Department of Rural Development and Panchayat Raj in the year 2016 after putting in 27 years of service. The petitioner was also posted as Director, Social Audit Unit in the year 2012 and the petitioner claims to have helped in the establishment of SASTA.

3. The further case of the petitioner is that the MGNREG Act, 2005 stipulates that 100 days of guaranteed employment will be provided for each rural household in a year for the notified wages. This ensures that the rural poor live a reasonably dignified life and there is no large scale migration to the urban areas in search of jobs. Under this Act, every State Government is required to provide for not less than 100 days of guaranteed employment to every rural household. For this purpose, the State Government must appoint a Programme Officer at the block level. The District Programme Coordinator is responsible for implementation of the scheme in each District. The Gram Panchayat is responsible for identification of projects and for execution and supervision of such works in the Gram Panchayat.

4. The MGNREG Act, 2005 specifically provides for monitoring and execution of all works by the Gram Sabha, which is required to conduct regular social audits of all projects under the scheme, within the Gram Panchayat. By a notification dated 30.06.2011, the Audit of Scheme Rules, 2011 was issued by the Central Government in consultation with the Comptroller and Auditor General of India. As per these rules, the Central Government is required to constitute a Council to establish a Central Evaluation and Monitoring System and monitor the implementation of the MGNREG Act, 2005. The audit of accounts must be compulsorily done by the Comptroller and Auditor General of India.

5. The further case of the petitioner is that the 3rd respondent constituted a Task Force in the year 2015 which gave its recommendations and pursuant to the same, an order dated 19.12.2016 was issued specifying the Auditing Standards for conducting social audits and Action Points for the State Governments concerning social audit. It was directed that a Social Audit Unit (“SAU”) must be incorporated as a Society under The Societies Registration Act, 1860 and its governing