S MAGESWARI Vs. SECRETARY TO GOVERNMENT SOCIAL WELFARE AND NOON MEAL SCHEME DEPARTMENT GOVERNMENT OF TAMIL NADU CHENNAI

JUDGEMENT

(1.) THE prayer in the writ petition is for issuance of a writ of Certiorarified Mandamus calling for the records connected with the impugned G.O.(Ms).No.163 dated 18.08.2010 passed by the first respondent and quash the same and further direct the second respondent to appoint the petitioner in the post of organizer in any of the Noon Meal Centres at Villupuram District.

(2.) IT is the case of the petitioner that she had applied for the post of organizer in the Noon Meal Centre at Mudalur to the third respondent on 04.10.2010. IT is stated that in view of the G.O.Ms.No.163, dated 18.08.2010, which states that the distance between the residence of the candidates applying for the post of organizer and the noon-meal centre must be within three kilometres, the case of the petitioner was not considered, since the petitioner is residing in Thirukovilur which is 6 K.M away from Mudalur, the place for which the petitioner had applied. Having affected by the said distance rule, the petitioner has challenged the said clause in the Government Order. The learned counsel for the petitioner submitted that the said presumption of three Kilometres distance from the residence is already held illegal by this Court. The learned Government Advocate was unable to dispute the said submission. The relevant clause in the impugned G.O reads as follows:

(3.) IN view of the above referred judgments, the portion of G.O.Ms.No.163, dated 18.08.2010 which speaks about the three kilometre distance between the residence of the candidates applying for employment and the noon meal centres is quashed and the second respondent is directed to consider the claim of the petitioner during the next recruitment on its own merits and in accordance with law. The first respondent is directed to intimate about this decision to all the District collectors and all the persons who are in-charge of selecting the noon-meal organizers / Assistants / Cooks forthwith. """""""""""""""""""""""""