Held, the post of noon meal organizer, Cook and Assistant Cook as well as Helper in the Anganwadi centres are not created by any rule framed under Article 309 of the Constitution. It is not a constituted service. But, nevertheless since the Government took over to maintain the scheme and had created a separate Ministry for administering the scheme and bearing the entire cost of the scheme, including provisions, utensils and overhead expenditures, salaries of all employees, it is none the less a public employment. Any appointment to such posts must be subjected to the touchstone of Articles 14 and 16 of the Constitution. In case of any public employment, equality doctrine with exception for rule of reservation are available subjected to qualification prescribed therein. Appointment in services under the State has been widely defined under the explanation provided in the said section and certainly, appointments made to Noon Meal centres and Anganwadi Centres will attract the provisions of Tamil Nadu Act 45 of 1994. Court directed the State to provide for Reservation in terms of Tamil Nadu Act 45/1994.
