RAHMANIA HIGHER SECONDARY SCHOOL Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) THE above Writ Petition has been filed by the petitioner praying to issue a Writ of Quo-warranto to call for the records of R. 3/the District Collector, Tirunelveli dated 7. 5. 1997 and G. O. Ms. No. 206 Social Welfare and Nutritious Meal Programme (NMP) dt. 13. 9. 1996 and to set aside the order of appointment dt. 7. 5. 1997 insofar as it relates to 6th respondent/tmt. K. Santhi as it contravenes the provisions of the said G. O. Ms. No. 206, dt. 13. 9. 1996.

(2.) THE case of the petitioner is that it is a Minority institution and they are running the school from the year 1920 and it was recognised by the Government of Tamil Nadu in the year 1978 and is also running the Nutritious Meal Programme and they are eligible to appoint Nutritious Meal Organisers as per G. O. Ms. No. 918 Backward Classes Welfare Department, dt. 3. 11. 1989 and G. O. Ms. No. 147 Social Welfare and Nutritious Project Scheme dt. 18. 6. 1993 etc. along with the approval of the District Collector; that as such for appointment of a Nutritious Meal Organiser, proposals were sent by the petitioner to the third respondent; that instead of selecting the Nutritious Meal Organiser from the proposed candidates, the sixth respondent was appointed by the third respondent, the District Collector. Aggrieved, the petitioner School has come forward to file the above Writ Petition.

(3.) IN the counter affidavit filed by the respondents 1 to 4 besides generally denying the allegations in the affidavit filed in support of the above writ petition, they would further submit that according to the instructions contained in G. O. Ms. No. 294, Social Welfare and Nutritious Meal Programme (NMP I) Department, dated 27. 10. 1993, for each minority/non-minority school, the Manager or the Correspondent will send a panel of 5 names to the Collector for appointment as Nutritious Meal Organisers following the existing conditions of appointment; that the Collector shall give approval to any of the names recommended by the Management of the Schools and Communicate his approval to the Management of the concerned school and thereafter the management will issue appointment orders.