AIDED PRIMARY SCHOOL Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) SINCE a common issue has arisen in the above said writ appeal as well as the above said two writ petitions, by order of Court, all the matters stand listed before us for disposal and we consider it convenient to dispose of all the three matters by a common judgment.

(2.) THE procedure for appointing Noon Meal Organisers for Nutritious Meal centres functioning at Private Aided Schools (Minority/non-minority) has been put in issue in all the three cases. According to the appellant in w. A. No. 125/2005 which is also the petitioner in W. P. No. 2478 of 2007 and the petitioner in W. P. No. 2401 of 2007, the choice of selection should be restricted to the panel of five names submitted by the Correspondent of the School concerned and hence the orders impugned in the writ petitions are liable to be quashed and consequently the respondents should be directed to select any one of the persons from the panel of names sent by the Management of the School concerned. In this regard, the Court's attention was drawn to the following g. Os. , wherein the procedures for selection and appointment of Noon Meal organisers have been incorporated:

(3.) ACCORDING to the procedure prescribed for selection of the candidates, in first cited G. O. Ms. No. 215 dated 09. 12. 1988, for the post of Organisers under the Tamil Nadu Government Nutritious Meal Programme, when a vacancy for the post of an Organiser in any Nutritious Meal Centre arose in a panchayat area, the deputy Inspector of Schools concerned should intimate the vacancy to the panchayat Union Commissioner who in turn would inform the President of the panchayat. The Panchayat President had to prepare a panel of names of not less than three and not more than six per vacancy. The same was to be submitted to the Panchayat Union Commissioner after getting the approval of the Panchayat board. On receipt of such panel, the Panchayat Union Commissioner would make appointment. In case, no suitable candidate was available in the panel, a fresh panel had to be prepared. Similar procedure had also been prescribed for the local bodies, like Municipalities and Town Panchayats.