A KARPAGAM Vs. DISTRICT COLLECTOR THIRUVANNAMALAI

JUDGEMENT

(1.) THE petitioner was an applicant to the post of Noon Meal Organizer for which applications were called for by the 2nd respondent Commissioner of Thiruvannamalai Panchayat Union. THE notice calling for the applications in respect of the Panchayat Union Middle School at Thandarai Colony was declared as a general vacancy. Whereas the other vacancies were reserved for various other categories including candidates from Backward Class community, Scheduled Caste and Christian Backward communities. THE qualification that is prescribed in the said notice was that the candidates should be within the age group of 25 to 40 and they should reside in the said village and if no qualified persons are available, even the people, who are residing within the locality within 10 Kms. from the said Village will be given preference. It is also stated that those who have passed SSLC or failed SSLC can apply.

(2.) THE petitioner applied for the said post. She claims that she is a destitute women deserted by her husband. Ultimately when the petitioner was not appointed, she found that the 5th respondent was appointed to the said post. She also applied under the RTF Act to get the documents relating to her application and then she chose to file the present Writ Petition challenging the 5th respondent's appointment as Noon Meal Organizer in the Panchayat Union Middle School in Thandarai Colony.

(3.) THE second contention raised by the petitioner was that she being a destitute woman, she is entitled for preference in the employment. THErefore, reliance was placed upon G.O.Ms.No,395, P&AR Department dated 4.11.1993. In the said Government Order, the State Government had defined as to who can be a destitute widow. It is also stated that notwithstanding anything in the State and Subordinate Service Rules, the preference shall be given to destitute widows, who possess the qualifications prescribed for appointment to any post under the State Government by direct recruitment.