1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.3594 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 Manimala : Petitioner Vs. 1.The Child Development Planning Officer, Kovilpatti, Thoothukudi District. 2.The District Collector, Thoothukudi District, Thoothukudi. 3.S.Anuskadevi : Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Se.Mu.Na.Ka.No.3313/A1/2009, dated 18.01.2011 of the second respondent, appointing the third respondent as an Anganwadi worker of Kodangipatti Noon Meal Centre and quash the same, consequently, direct the second respondent to appoint the petitioner in the post of Anganwadi worker of Kodangipatti Village Noon Meal Centre. For Petitioner : Mr.S.Kanagarajan For Respondents 1&2 : Mr.S.Chandrasekar, Government Advocate For Respondent No.3 : Mr.S.P.Maharajan ORDER Challenging the impugned order dated 18.01.2011 of the second respondent, appointing the third respondent as Anganwadi Worker of Kodangipatti Noon Meal Centre, the present Writ Petition is filed. 2. It is the case of the petitioner that she resides in Kodangipatti Village. For the post of Anganwadi Worker at Kodangipatti Village Nutrition Centre, applications have been called for and the petitioner applied for the same. Even though she possessed all qualifications, the third respondent has been preferred. The third respondent is residing at Ettaiyappa Naickenpatti Village. Hence, the preference of the third respondent over the petitioner is absolutely in violation of G.O.203, dated 19.08.2005. Thus, the order appointing the third respondent as Anganwadi Worker is challenged by the petitioner. 3. Counter-affidavit was filed on behalf of the first respondent, wherein it is stated that due to communal rotation, the post of Anganwadi Worker at Kodangipatti Village Nutrition Centre is allotted for the Most Backward Class. The third respondent belonged to the said Class, whereas the petitioner belonged to Scheduled Caste community. Hence, the third https://hcservices.ecourts.gov.in/hcservices/ 2 respondent has been preferred over the petitioner. 4. That apart, it has been pointed out by the learned counsel appearing for the third respondent and the learned Government Advocate appearing for respondents 1 and 2 that even as per G.O.No.203, dated 19.08.2005, if there is no suitable candidate available for the post of Anganwadi Worker in the same Village, it can be filled up by appointing a person from the neighbouring village. The third respondent, admittedly, resides in the neighbouring village, who belonged to Most Backward Class. Thus, the third respondent has been preferred over the petitioner. 5. In view of the above stated position, I am not inclined to interfere with the order of the second respondent in appointing the third respondent to the post of Anganwadi Worker at Kodangipatti Village Nutrition Centre. 6. In fine, the Writ Petition stands dismissed. However, if any vacancy arises, it is open to the petitioner to make an application for the said post and in such event, it is open to the first and second respondents to consider the claim of the petitioner on merits and in accordance with law. Consequently, the connected miscellaneous petitions are also dismissed. No costs. SD DEPUTY REGISTRAR ( LA ) /TRUE COPY/ ASST REGISTRAR SML To 1.The Child Development Planning Officer, Kovilpatti, Thoothukudi District. 2.The District Collector, Thoothukudi District, Thoothukudi. DM::2011:JULY::07:: Order made in W.P.(MD)No.3594 of 2011 Dated: 27.06.2011 2P:3C:: https://hcservices.ecourts.gov.in/hcservices/