The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.10628 of 2010 Dated 4th August, 2010 Between: Sivvala Hemalatha …Petitioner And The District Educational Officer, Srikakulam District and 2 others. …Respondents Counsel for the petitioner: Mr.N.G.K.Nair for Mrs.S.Renuka Counsel for respondent Nos.1 & 2: AGP for School Education Counsel for respondent No.3: Mr.A.Rama Rao The Court made the following: Order: This Writ Petition is filed for a Mandamus to set aside order, dated 20-04-2010, passed by respondent No.2 along with the Mandal Parishad Development Officer, Pathapatnam Mandal, Srikakulam District. The dispute pertains to a cook under midday meal scheme. The material placed by the petitioner shows that the said dispute is between her and respondent No.3. It appears that in connection with the said dispute, respondent No.2 was appointed as enquiry officer. Evidently, respondent No.2 submitted his report on 28-01- 2010 wherein he has stated that the Headmaster, the staff and the school children of MPUP School, Tiddimi, gave their consent in favour of the petitioner for her continuance in the place of respondent No.3. Accordingly, respondent No.1 has issued proceedings, dated 09-03-2010, permitting the petitioner to continue as the cook. However, respondent No.2 and the Mandal Parishad Development Officer, Pathapatnam Mandal, Srikakulam District, have passed the impugned order, dated 20-04- 2010, removing the petitioner and appointing respondent No.3 as the cook. A perusal of the impugned order shows that the Minister for Transport has issued directions, on the basis of which the said decision was taken. In my opinion, in a dispute pertaining to a midday meal cook, the Transport Minister has absolutely no role to play. It is not in dispute that he is not concerned whatsoever with the appointment of a midday meal cook and the impugned order of removal, passed by respondent No.2 on his interference, cannot be sustained in law. As such, the impugned order is quashed. The Committee, constituted under the scheme, which is competent to appoint the midday meal cook shall reconsider the entire issue and take a decision, without being influenced by either the Transport Minister or any other political functionary, purely on the basis of the guidelines contained in the scheme. Till such a decision is taken, the petitioner shall be continued as the cook. The Writ Petition is allowed accordingly. C.V.Nagarjuna Reddy, J Dated 4th August, 2010 lur