W.M.P.No.16004 of 2019 IN THE HIGH COURT OF JUDICATURE AT MADRAS Orders Reserved on : 04.02.2020 Pronouncing orders on : 13.02.2020 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.16329 of 2019 and W.M.P.No.16004 of 2019

[2/13, 14:55] Sekarreporter: https://twitter.com/sekarreporter1/status/1227886350923206661?s=08
[2/13, 14:55] Sekarreporter: [2/13, 14:46] Sekarreporter: W.P.No.16329 of 2019
and W.M.P.No.16004 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Orders Reserved on : 04.02.2020
Pronouncing orders on : 13.02.2020
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.16329 of 2019
and W.M.P.No.16004 of 2019
S.Sattanathan …Petitioner
vs.

  1. State of Tamil Nadu,
    Additional Chief Secretary to Government,
    Rural Development & Panchayat Raj Department,
    Fort St. George, Chennai – 600 009.
  2. The Director of Rural Development & Panchayat Raj,
    Saidapet, Chennai – 600 015.
  3. Union of India,
    Represented by its Secretary,
    Ministry of Rural Development,
    Department of Rural Development,
    Krishi Bhavan, Dr.Rajendra Prasad Road,
    New Delhi – 100 001.
  4. Social Audit Society of Tamil Nadu,
    Represented by its Director,
    Panagal Maaligai,
    West Saidapet,
    Chennai – 600 015.
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    and W.M.P.No.16004 of 2019
  5. The Comptroller and Auditor General of India,
    O.o The Comptroller and Auditor General of India,
    Pocket-9, Deen Dayal Upadhayaya Marg,
    New Delhi – 110 124. Respondents
    PRAYER: Writ Petition filed under Article 226 of the Constitution of
    India for issuance of a Writ of Certiorarified Mandamus, calling for the
    records relating to G.O.(Ms)No.60 Rural Development and Panchayat
    Raj (CGS.1) Department passed by the 1
    st
    respondent, and Notification
    bearing No.Se.Ma.Tho.E./537/valaikalai/2019 dated NIL passed by the
    2
    nd respondent and quash the same and direct the 4
    th
    respondent to
    frame Rules/norms for the selection and appointment to the post of
    Director of SASTA in compliance with the provisions of NREG Act, 2005
    and MGNREG Audit of Scheme Rules, 2011 particularly Rule 4 and 5
    thereof, and the norms prescribed by the 3
    rd
    respondent in Letter
    No.M-13015/2012-MGNEREGA-VII (Pt) dated 11.08.2014, by inter alia
    providing due weightage for experience in ‘social audit’ within a
    stipulated time limit and permit the petitioner to apply for and
    participate in the selection for the said post, with all consequential
    benefits.
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    and W.M.P.No.16004 of 2019
    For Petitioner : Ms.R.Vaigai
    Senior Counsel for
    M/s.Giridhar and Sai
    For Respondents : Mr.S.R.Rajagopal
    Additional Advocate General
    Assist by
    Mr.J.Pothiraja
    Special Government Pleader
    for R1 & R2
    : Mr.M.Sundar
    Additional Central Government
    Standing Counsel for R3
    J U D G M E N T
    The present writ petition has been filed challenging the
    notification issued by the 1
    st
    respondent in G.O.Ms.No.60, dated
    21.05.2019 and the consequent notification of the 2
    nd respondent
    calling for applications to fill up the post of Director, Social Audit
    Society of Tamil Nadu (“SASTA”) and for consequential direction to the
    respondents to frame Rules/norms for the selection and appointment
    to the said post in compliance with the provisions of Mahatma Gandhi
    National Rural Employment Guarantee Act, 2005 (“MGNREG Act,
    3/94
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    and W.M.P.No.16004 of 2019
    qualification prescribed under G.O.Ms.No.60, dated 21.05.2019 and
    the notification issued by the 2
    nd respondent calling for applications to
    fill up the post of Director of SASTA, pursuant to the Government
    order requires interference.
    53.In the result this writ petition is allowed and the
    G.O.Ms.No.60, dated 21.05.2019 and the Notification bearing
    No.Se.Ma.Tho.E./537/valaikalai/2019 dated NIL, issued by the 2
    nd
    respondent pursuant to the Government order, are hereby quashed.
    The 1
    st
    respondent is directed to issue a fresh Government order
    prescribing the qualifications for the appointment of independent
    Director of Social Audit to SASTA, strictly in accordance with the
    MGNREG Act, 2005 and MGNREGA Audit of Scheme Rules, 2011, norms
    fixed by the Government of India in its letter dated 11.08.2014 and
    also the Official Memorandum of the Government of India, dated
    19.12.2016. The 1
    st
    respondent shall also take into consideration the
    qualification prescribed in the other States for filling up the above
    said post. This process shall be completed by the 1
    st
    respondent within
    a period of four weeks from the date of receipt of copy of this order.
    92/94

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