1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2011 CORAM: THE HONOURABLE Mr.JUSTICE K.CHANDRU W.P.(MD)No.7145 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 S.Ponnuthai ... Petitioner Vs. 1.The Personal Assistant (noon meals) to the District Collector, Tirunelveli District. 2.The Commissioner, Malanethanallur Panchayat Union, Tirunelveli District. 3.V.Latha ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the 1st respondent in Na.Ka.Gna.9/85165/2009 dated 24.06.2010 and quash the same and consequently direct the 1st and 2nd respondents to appoint the petitioner herein to the post of Cook Assistant in the Noon meal Centre at Panchayat Union Elementary School, Madathupatti at Melanethanallur Panchayat Union, Sankarankoil Taluk, Tirunelveli District, with on priority basis as "widow" with immediate effect. For Petitioner : Mr.R.Vijayakumar For Respondents : Mr.T.S.Md.Mohideen AGP for R1 Mr.V.Pandi for R2 Mr.S.Pushparaj for R3 O R D E R The petitioner’s only contention is that the appointment of the 3rd respondent as a Noonmeal Assistant in the center attached to the Panchayat Union Primary school at Madathupatti. Even though she is a widow, priority quota is available for such candidates, the respondents have not selected her, on the contrary, they have selected the 3rd respondent. In that premises, the present Writ petition came to be filed. 2.When the matter came up on 01.07.2011, notice regarding admission was granted. On notice form this Court, the 2nd respondent has filed a counter affidavit dated 27.07.2011 together with a supporting government orders, on which, reliance was placed upon. 3.The post was reserved for widows, was disputed. It was stated that it is only by virtue of G.O.Ms.No.163 Social Welfare and Noonmeal Project Department, dated 18.08.2010 such a specific reservation has been https://hcservices.ecourts.gov.in/hcservices/ 2 made by the State Government and a perusal of the said G.O. shows that among the admitted vacancy 25% of the approved posts may be reserved for the destitute women and it is only in cases where 100 posts were allowed to be filled up, the 25% can be reserved. 4.Even otherwise, in the counter affidavit, it was pointed out that at the time of interview, the petitioner failed to produce a widow certificate obtained from the Thasildar. Therefore, her case could not be considered under the category even if there was any specific reservation for the same. 5.In the light of the stand taken by the respondents no case is made out. The Writ petition stands dismissed. No costs. Consequently, connected M.P.is closed. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar (C.S) To 1.The Personal Assistant (noon meals) to the District Collector, Tirunelveli District. 2.The Commissioner, Malanethanallur Panchayat Union, Tirunelveli District. + 1 cc to The Special Government Pleader, SR No.38110 + 1 cc to Mr.R.Vijayakumar, Advocate, SR No.38050 W.P.(MD)No.7145 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 03.11.2011 nbj RJ/21.11.11 2p/5c https://hcservices.ecourts.gov.in/hcservices/