Marysharmila vs The District Collector, Personal Assistant of the District Collector and The Commissioner

M. Venugopal, J.—The Petitioner has focussed the instant writ of certiorarified mandamus, praying for issuance of an order by this Court in

calling for the proceedings in Na.Ka.Va.Aa. 1/5293/08 dated 25.6.2009 on the file of the third respondent and to quash the same. He has also

sought for passing of an order by this Court in directing the respondents to appoint her in the post of Noon Meal Organizer at Vettiyanthoyuvam

Government Higher Secondary School, Arani, Thiruvannamalai District. According to the Petitioner, the first Respondent announced the

appointment of Noon Meal Organizer and priority for that post is that the person should reside in the same village and published this news item in

the Newspaper ""Nam Thinamathi"" on 18.12.2008. The Petitioner applied for the said post. Her qualification is that she studied upto 12th standard

and at the time of filing of the writ petition, she was aged 33 years. She has two daughters and residing at Vettiyanthoyuvam village.

The case of the Petitioner is that the third Respondent sent a interview card dated 2.1.2009 to the Petitioner and interview was held on

12.1.2009. In the interview card, it was mentioned that the Petitioner has to produce the original Certificates and accordingly, she submitted the

following Certificates/Documents:-

i) S.S.L.C. Certificate

ii) Transfer Certificate issued by the concerned Institution.

iii) Community certificate

iv) Nativity Certificate

v) Ration Card

The Petitioner produced the original records and in her village, according to her, she only took part in the Noon Meal Organizer post interview,

held on 12.1.2009 conducted by the third Respondent. The positive stand taken on behalf of the Petitioner is that she is originally to be appointed

as Noon Meal Organizer and she came out successfully in the interview and therefore, she should be appointed as Noon Meal Organizer.

The Learned counsel for the Petitioner submits that the Petitioner belongs to Schedule Caste community and she was under the impression that

she might be selected, in view of the fact that she only attended the interview with all original records. However, the Petitioner sent a representation

to the Respondents on 14.1.2009 as regards her appointment as Noon Meal Organizer. But no orders were passed so far. Since her

representation dated 14.1.2009 was not considered by the Authorities concerned, she filed W.P. No. 1926 of 2009 with a prayer that her

representation dated 14.1.2009 may be considered and to appoint her for the post. This Court, on 18.4.2009, disposed of the said writ petition,

directing the third Respondent to send a rejection order within a period of two weeks from the date of receipt of copy of the said order.

The order assailed in the present writ petition before this Court is the communication in proceedings No. Na.Ka.Va.Aa. 1/5293/08 dated

25.6.2009 issued by the third Respondent whereby and where under it is inter-alia mentioned that the vacant post of Noon Meal Organizer at

Vettiyanthoyuvam Government Higher Secondary School, Arani, Thiruvannamalai District belongs to B.C. Hindu as per the communal rotation

and because of the fact that the Petitioner belongs to Backward Christian Community, her application was rejected.

Also the Petitioner was informed that in the aforesaid post, no fit application had been received. The said communication was addressed to the

Petitioner with a copy being marked to the Learned Government Advocate, High Court, Madras and also to the first Respondent/District

Collector (Noon Meal), Tiruvannamalai.

The Learned counsel for the Petitioner urges before this Court that the third Respondent failed to appreciate that the words ""Backward Class

Christians and"" were omitted by Act 51 of 2008, with effect from 22.10.2008 by amending the Tamil Nadu Backward Class Christians and

Backward Class Muslims (Reservation of Seats in Educational Institutions including Private Educational Institutions and of appointments or posts in

the services under the State) Act, 2007 (Tamil Nadu Act 33 of 2007). When that be the factual situation, there is no classification of either

Backward Class Christians or Backward Class Hindu. In fact, it should be only Backward Class Community (General). However, this crucial

aspect of the matter was not taken into account by the third Respondent at the time of passing of the impugned order in Na.Ka.Va.Aa. 1/5293/08

dated 25.6.2009. As such, the order passed by the third Respondent in the proceedings in Na.Ka.Va.Aa. 1/5293/08 dated 25.6.2009 to the

effect that the Petitioner belongs to Christian community and the vacant of post of ''Noon Meal Organizer'' at Vettiyanthoyuvam Government

Higher Secondary School, Arani, Thiruvannamalai District is allotted for Backward Community Hindu is not legal. Per contra, the same is clearly

unsustainable in the eye of law. Therefore, this Court is left with no option but to interfere with the said proceedings in Na.Ka.Va.Aa. 1/5293/08

dated 25.6.2009 of the third Respondent and sets aside the same to prevent aberration of justice and to promote substantial cause of justice.

Consequently, the writ petition succeeds. In the result, the writ petition is allowed, leaving the parties to bear their own costs. Resultantly, the order

passed by the third Respondent in proceedings in Na.Ka.Va.Aa. 1/5293/08 dated 25.6.2009 is hereby set aside for the reasons assigned in this

writ petition. Further, the third Respondent is hereby directed to consider the case of the Petitioner for the vacant post of Noon Meal Organizer at

Vettiyanthoyuvam Government Higher Secondary School, Arani, Thiruvannamalai District under the category of Backward Community (General)

(if she satisfies the required eligibility conditions) within a period of six weeks from the date of receipt of copy of this Order.