- 1 - WA NO.200257 OF 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS 21ST DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE K NATARAJAN AND THE HON’BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO. 200257 OF 2024 BETWEEN: SMT. AMBUJA S/O SHIVAKUMAR @ SHIVANAND AGED ABOUT 31 YEARS, OCC: NILL, R/O KOTTARGA, TQ: KAMALAPUR, DIST: KALABURAGI. …APPELLANT (BY SRI RAVI B. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH ITS SECRETARY DEPARTMENT OF WOMEN AND CHILD WELFARE, M.S. BUILDING, BENGALURU – 560001. 2. THE SELECTION COMMITTEE OF ANGANAWADI WORKERS AND ASSISTANTS AND REPRESENTED BY ITS PRESIDENT, DEPUTY COMMISSIONER, KALABURAGI KALABURAGI – 585102. 3. CO-PRESIDENT, THE SELECTION COMMITTEE OF ANGANAWADI WORKERS AND ASSISTANTS CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, KALABURAGI – 585102. Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - WA NO.200257 OF 2024 4. THE DEPUTY DIRECTOR OF WOMEN AND CHILD DEVELOPMENT KALABURAGI – 585102. 5. MEMBER SECRETARY AND CHILD DEVELOPMENT PROJECT OFFICER, TQ: ALAND, DIST: KALABURAGI – 585102. 6. SMT. SUDHA W/O MANJUNATH METRE AGED ABOUT 35 YEARS, OCC: HOUSEHOLD, R/O KOTTARGA, TQ: ALAND, DIST: KALABURAGI. …RESPONDENTS (BY SRI SHIVAKUMAR TENGLI, AGA FOR R1 TO R5; SRI SANTOSH H. PATIL, ADV. FOR R6) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER IMPUGNE DATED 27.06.2024 PASSED IN WRIT PETITION NO.202250/2023 CONSEQUENTLY TO DISMISS THE WRIT PETITION IN ENTIRETY. THIS WRIT APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT, COMING ON FOR “PRONOUNCEMENT OF JUDGMENT” THIS DAY, THE COURT, PRONOUNCED THE FOLLOWING: CORAM: HON'BLE MR. JUSTICE K NATARAJAN AND HON’BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - WA NO.200257 OF 2024 CAV JUDGMENT (PER: HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL) This intra Court appeal is filed challenging the order of the learned Single Judge dated 27.06.2024 passed in W.P.No.202250/2023 (S-RES), wherein the writ petition filed by the respondent No.6 was allowed. 2. Brief facts leading to the filing of this appeal are that, the official respondents have invited the applications for the post of Anganawadi Helpers. Pursuant to the same, the appellant and respondent No.6 applied for the post of Anganawadi Helper at Mallappanwadi Anganawadi Center. The authorities on the receipt of the said applications issued the list of eligible candidates. The respondent No.6 was found eligible while the appellant was not found eligible for the said post. The Appellant filed objections to the provisional list. The authorities considered the case of the appellant and the selection committee took a decision to appoint the appellant based on merit and appointment order came to be issued on 05.01.2023. The respondent - 4 - WA NO.200257 OF 2024 No.6 challenged the appointment of the appellant in the writ petition. 3. The appellant and the authorities defended the action of appointment of the appellant as an Anganawadi Helper at Mallapanwadi Anganawadi Center on the ground that the appellant is more meritorious than the respondent No.6. The learned Single Judge considered the rival contentions and recorded the finding that, if any of the documents are not submitted along with the online applications, such applications are liable to be rejected as per the selection guidelines. There is neither a provision to relax the norms of selection nor for an acceptance of certificates subsequently. Learned Single Judge set aside the appointment of the appellant and consequently directed the authorities to consider the candidature of respondent No.6 to the said post. Being aggrieved, this appeal is filed. 4. Sri. Ravi. B.Patil, learned counsel appearing for the appellant submits that the appellant is admittedly - 5 - WA NO.200257 OF 2024 more meritorious than the respondent No.6. It is submitted that the appellant filed an application for the selection to the post of Anganawadi Helper well within the time limit but due to a technical snag, the appellant could not upload the residential certificate. However, the application indicates that the residential certificate number which was obtained by the appellant was much prior to the filing of an application and the said aspect has been considered by the authorities while issuing the appointment order. It is submitted that the appellant immediately sent a communication dated 25.02.2022, informing that due to a technical snag, she could not upload the residential certificate. These aspects have not been considered by the learned Single judge in the proper perspective. It is further submitted that the defect in the application is a curable defect and based on such defect, the candidature of the appellant cannot be rejected. In support of his submissions, he placed reliance on the following decisions; - 6 - WA NO.200257 OF 2024 (1) Smt. Purad Netravathi Vs. The Joint Director, (ICDF) Department of Woman and Child Welfare Department, Bengaluru and Others1 (2) Miss. Kavitha S.S. Vs. The State of Karnataka and Others 2 (3) Smt. Smitha M. K. Vs. The State of Karnataka and Others3 (4) Dolly Chhanda Vs. Chairman, JEE and Others 4 Hence, he seeks to allow the appeal. 5. Per contra, Sri. Santosh H.Patil, learned counsel appearing for the respondent No.6, supports the impugned order of the learned Single judge and submits that the appellant admittedly did not upload the residential certificate along with the online application and the application was incomplete and as per the guidelines the incomplete application is liable to rejected. It is further 1 W.A.No.100285/2017 (S-RES) D.D. 09.08.2017 2 W.P.No.5336/2019 (S-RES) D.D. 03.09.2021 3 W.P.NO.58008/2018 (S-RES) D.D. 17.11.2022 4 (2005) 9 SCC 779 - 7 - WA NO.200257 OF 2024 submitted that the learned Single Judge has noted the violation of the selection guidelines and allowed the writ petition by directing the next meritorious candidate to be appointed as an Anganawadi Helper. Hence, he seeks to dismiss the appeal. 6. Sri. Shivakumar Tengli, learned Addl. Government Advocate, submits that the authorities have considered the objections filed by the appellant and provided her with an opportunity to produce the residential certificate and thereafter she was appointed as a Anganawadi Helper. The appellant has been working as an Anganawadi Helper from the date of appointment. It is further submitted that the authorities have considered the merit of the candidate and took the decision to appoint the appellant as a Anaganawadi Helper. Hence, he seeks to pass appropriate orders. 7. We have heard the submissions of the learned counsel for the appellant, learned counsel for respondent No.6, the learned Addl. Government Advocate and - 8 - WA NO.200257 OF 2024 meticulously perused the materials available on record. We have given our anxious consideration to the submissions advanced and the material available on record. 8. The pleading and evidence on record indicates that on 30.06.2021 the respondent No.4 issued the notification inviting the applications for the post of Anganawadi Helpers. The commencement of filing of applications was from 01.07.2021 and the last date to submit the application is 31.07.2021. The appellant and respondent No.6 have filed online applications as is evident from Annexure-C and D. The appellant’s application at Annexure-D which indicates that the residential certificate number as RD0038442178571 tallies with the residential certificate produced at Annexure-E. It is borne out from the records that the appellant could not upload the residential certificate along with the online application at Annexure-D and thereafter made a representation dated 25.02.2022 informing that due to a technical snag, she could not upload the residential - 9 - WA NO.200257 OF 2024 certificate but the online application has a reference bearing reference number of residential certificate and made a request to the authority to consider the residential certificate submitted by her along with the representation. 9. The respondent No.2 in its meeting held on 18.10.2022 considered the residential certificate submitted by the appellant and found that the appellant is more meritorious than the other candidate and issued the appointment order dated 05.01.2023 at Annexure-F. Admittedly, the appellant has obtained the residential certificate much prior to the last date for filing of an application to the post in question and she has filed the application in which the number of residential certificate is found which corroborates with the residential certificate accepted by the authority while considering the objections in its meeting dated 18.10.2022. The Hon’ble Supreme Court and this Court in the similar cases held that the non- production of certificate along with an application is curable defect. The Hon’ble Supreme Court in the case of Dolly Chhanda referred supra held as under; - 10 - WA NO.200257 OF 2024 “7. The general rule is that while applying for any course of study or a post, a person must possess the eligibility qualification on the last date fixed for such purpose either in the admission brochure or in application form, as the case may be, unless there is an express provision to the contrary. There can be no relaxation in this regard i.e. in the matter of holding the requisite eligibility qualification by the date fixed. This has to be established by producing the necessary certificates, degrees or marksheets. Similarly, in order to avail of the benefit of reservation or weightage, etc. necessary certificates have to be produced. These are documents in the nature of proof of holding of particular qualification or percentage of marks secured or entitlement to benefit of reservation. Depending upon the facts of a case, there can be some relaxation in the matter of submission of proof and it will not be proper to apply any rigid principle as it pertains in the domain of procedure. Every infraction of the rule relating to submission of proof need not necessarily result in rejection of candidature.” - 11 - WA NO.200257 OF 2024 10. The Co-ordinate Bench in the case of Smt.Purad Netravathi referred supra at paragraph No.5 held as under; “5. That apart, insofar as the residential certificate produced by the respondent No.5, it is no doubt true that the notification dated 12.01.2010 would indicate that the said certificate is to be issued by the Tahasildar. In the instant case, a residential certificate no doubt has been produced by the respondent No.5, which is issued by another Authority, namely the Secretary of Gram Panchayat. The learned Single Judge in this regard has arrived at a conclusion that the same is a curable defect. In this regard, what is also to be taken note is that, the appellant in any event does not dispute the position that respondent No.5 is a resident of Upanayakanahalli and therefore, in any event, the same cannot be considered as a disqualification. Further, with regard to the contention that a subsequent notification in the year 2010 has been issued, despite the earlier notification of the year 2009 not being concluded, the said contention would not be open to be considered at the instance of the appellant inasmuch as the appellant in any event has taken part in the selection process under the subsequent notification of the year 2010 and as such, the appellant cannot approbate and reprobate in a matter of selection.” 11. Similar view is taken by the learned Single Judge in the case of Miss. Kavitha S.S. and in the case of - 12 - WA NO.200257 OF 2024 Smt.Smitha M. K. referred supra. The relevant paragraphs of the decisions in the case of Smitha M.K., is extracted herein below; “6. The facts are not in dispute. Admittedly, selected candidate 4th respondent herein had not produced the residential certificate along with her online application. The petitioner is before this Court, challenging the appointment of 4th respondent only on the ground that residential certificate of 4th respondent is not produced along with her online application and could not have been permitted to be produced subsequently. It is to be noticed that the petitioner has not questioned or disputed the residence of 4th respondent. Admittedly, the petitioner is a resident of Mavanuru village. The 4th respondent-appointee had obtained the residential certificate well before the last date for submitting the application i.e., on 09.11.2017 itself and submitted the same subsequent to the last date for submitting the application. Non- production of residential certificate is a curable defect. But the residential certificate shall be obtained before the last date for submitting the application. If the residential certificate is obtained before the last date for submitting the application, it could be produced subsequently. If the residential certificate is obtained subsequent to the last date for submitting the application, the said certificate cannot be accepted. This Court in the matter of selection of Anganawadi Worker in W.P.No.No.5336/2018 (supra) on 03.09.2021 at paragraphs 4 and 5 has held as follows: - 13 - WA NO.200257 OF 2024 “4. Learned counsel for the petitioner submits that the second respondent under notification dated 30.10.2018 (Annexure-B) invited applications to fill up the post of Anganawadi Assistant at Kattepur Anganawadi Centre. The applications were called online and the candidate were required to upload the relevant documents through online portal. The petitioner had applied by uploading all necessary documents including residential certificate. As the petitioner’s name was not found in Provisional Selection List, the petitioner said to have filed objection to the Provisional Select List. The objection was considered and endorsement was issued stating that the petitioner has not uploaded residential certificate. Learned counsel for the petitioner invites attention to Annexure-D, residential certificate which was uploaded along with the application. 5. A perusal of endorsement of Annexure-E dated 31.12.2018, it is seen that the petitioner’s application was rejected only on the ground that the petitioner has not uploaded residential certificate along with the application. The Non-uploading of residential certificate is a curable defect. The petitioner ought to have been provided with an opportunity to produce the residential certificate. The qualification prescribed for the post of Anganawadi Assistant is pass in 9th Std. In rural area a woman candidate who is having qualification of 9th Std cannot be expected to be a computer literate. Moreover, there is no sufficient infrastructure in rural areas. The petitioner has to depend on the computer/internet centers for uploading the application. In that circumstance, non-uploading of any of the - 14 - WA NO.200257 OF 2024 documents need not result in rejection of the application but the authorities ought to have provided an opportunity to all such candidates who have not uploaded one or the other documents.” The decision relied upon by the learned counsel for the petitioner in Civil Appeal No.4807/2022 is not applicable to the facts of the present case. In the case relied upon by the learned counsel for the petitioner, it was with regard to answering the OMR Sheet in the language indicated in the notification. In the said circumstances, the Hon'ble Apex Court held that since the advertisement contemplated the manner of filling up application form and also attempting of answer sheets, it has to be done in the manner so prescribed.” 12. Keeping in mind the enunciation of law laid down by the Hon’ble Supreme and this Court referred supra, we are of the considered view that the non- uploading of residential certificate by the appellant at the time of filling of online application was due to technical snag and the application clearly mentions that the correct number of residential certificate which was obtained by the appellant prior to the last date of filing of the application for the selection to the post of Anganawadi Helper. In other words, the appellant was in possession of the - 15 - WA NO.200257 OF 2024 residential certificate issued by the competent authority. However, she could not upload the same due to technical defects which has been considered by the official respondents and the same was accepted in its meeting proceedings dated 18.10.2022. The appointing authority has also taken note of the fact that the appellant is more meritorious than any of the candidates and issued the appointment order to the appellant. We do not find any error in the action taken by the official respondents in issuing the appointment order to the appellant as an Anganawadi Helper at Mallappanwadi Anganawadi Center. In our considered view, the learned Single Judge ought to have appreciated the fact that non-uploading of the residential certificate by the appellant was a bonafide error and the same was a curable defect. 13. For the aforementioned reasons, we proceed to pass the following: ORDER i) The writ appeal is allowed. - 16 - WA NO.200257 OF 2024 ii) The order of the learned Single Judge dated 27.06.2024 passed in WP.No.202250/2023 (S- RES) is set aside. The respondents No.2 to 5 are directed to continue the appellant as a Anganawadi Helper at Mallappanwadi Anganawadi Center as per the appointment order dated 05.01.2023. iii) No orders to costs. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE MSR CT: PS