SUSILA Vs. DISTRICT COLLECTOR, TUTICORIN DISTRICT, TUTICORIN, COMMISSIONER, PANCHAYAT UNION, SATHANKULAM, TUTICORIN DISTRICT AND J GEETHA SELVI

JUDGEMENT

(1.) The petitioner is an aspirant for the post of Noon Meal Organizer. She has applied for the said post and also participated in the selection held for the R.C. Primary School Centre at Aladithattu, Mudhalur Panchayat. When the petitioner found that the 3rd respondent was selected by the selection committee and recommended by the District Collector for appointment, she filed the present writ petition, seeking to challenge her appointment, dated 01.09.2007 and after setting aside the same, seeks for a direction to appoint her as a Noon Meal Organizer in the said centre coming under Sathankulam Panchayat Union.

(2.) This Court, when the matter came up on 23.10.2007, ordered Notice of Motion and granted interim stay for a period of four weeks. Subsequently, there is nothing on record to show that the interim order has extended. Aggrieved by the interim order, a vacate stay application has been filed by the official respondents 1 and 2 in M.P. (MD) No. 1 of 2008 together with a supporting counter affidavit, by the Commissioner Panchayat Union Sathan Kulam, dated 21.10.2007. In the application filed by the petitioner for grant of interim stay no order has been passed. The respondents have also filed a typed set of papers containing the mark assigned by the interview committee and also produced a copy of the G.O.Ms. No. 4, Social Welfare Department, Noon Meal Scheme, dated 05.01.2007.

(3.) The contention raised by the petitioner was that she belonged to Scheduled Caste Community and she is disabled person and the 3rd respondent was not residing in the same village. The norms of selection in terms of Government Order has not been produced. Though the petitioner coming under priority category, she was not selected. In the counter affidavit filed, these allegations are denied. It was stated that the petitioner's income having less than Rs. 10,800/-. is not a criteria for selection and G.O.Ms. No. 4, Social Welfare Department, Noon Meal Scheme, dated 05.01.2007, only provides for selection to be made on the basis of educational qualification, age limit, reservation and also the residential distance from the centre. The allegations that the petitioner alone the resident of Mudhalur Village was denied and it was stated that the 3rd respondent is also a resident of the same Village. She also lives within half a kilometer from the centre. It was further stated that the selection committee observed all formalities, including the guidelines framed by the State Government under G.O.Ms. No. 4, Social Welfare Department, Noon Meal Scheme, dated 05.01.2007.