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2025 DAILYLAW 23537 (KAR)

SMT. ARUNAKUMARI. K.R. v. THE DEPUTY COMMISSIONER

WP/10611/2023 · 2025-01-16

S G Pandit

body2025

Judgment text

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- 1 - NC: 2025:KHC:1837 WP No. 10611 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 10611 OF 2023 (S-RES) BETWEEN: SMT. ARUNAKUMARI K.R. W/O MANJUNATHA, AGED ABOUT 25 YEARS, R/O MADAYYANAHATTI, WARD NO.2, NAYAKANAHATTI POST, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577536. …PETITIONER (BY SRI. H ASHOK KUMAR, ADV.) AND: 1. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT, CHITRADURGA AND PRESIDENT, SELECTION COMMITTEE OF ANGANAWADI WORKER/ANAGANAWADI HELPER, CHALLAKERE, CHITRADURGA DISTRICT-577501. 2. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH, CHITRDURGA, AND VICE PRESIDENT, SELECTION COMMITTEE OF ANGANAWADI WORKER/ ANGANAWADI HELPER, CHALLAKERE, CHITRADURGA DISTRICT-577501. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1837 WP No. 10611 of 2023 3. THE DEPUTY DIRECTOR WOMEN AND CHILD DEVELOPMENT DEPARTMENT, DEPUTY DIRECTOR OFFICER, NEAR STADIUM DISTRICT, BALA BHAVANA COMPOUND, CHITRADURGA-577501. 4. THE CHILD DEVELOPMENT PLANNING OFFICER CHALLAKERE AND MEMBER SECRETARY, SELECTION COMMITTEE OF ANGANAWADI WORKER/ ANGANAWADI HELPER, CHALLAKERE, CHITRADURGA DISTRICT-577522. 5. THE SOCIAL WELFARE OFFICER CHALLAKERE AND MEMBER SELECTION COMMITTEE OF ANGANASWADI WORKER/ ANAGANAWADI HELPER, CHALLAKERE, CHITRADURGA DISTRICT- 577522. 6. THE TALUK HEALTH AND FAMILY PLANNING OFFICER CHALLAKERE AND MEMBER SELECTION COMMITTEE OF ANGANAWADI WORKER/ ANGANAWADI HELPER, CHALLAKERE, CHITRADURGA DISTRICT-577522. 7. THE EXECUTIVE OFFICER TALUKA PANCHAYATH CHALLAKERE AND MEMBER SELECTION COMMITTEE OF ANGANAWADI WORKER/ ANGANAWADI HELPER, CHALLAKERE, CHITRADURGA DISTRICT-577522. 8. THE SOCIAL WELFARE OFFICER CHITRADURGA AND MEMBER SELECTION COMMITTEE OF ANGANAWADI WORKER/ - 3 - NC: 2025:KHC:1837 WP No. 10611 of 2023 ANGANAWADI HELPER, CHALLAKERE, CHITRADURGA DISTRICT-577501. 9. THE DEPUTY TAHSILDAR NAYAKANAHATTY HOBLI, CHALLAKER TALUK, CHITRADURGA DISTRICT-577536. 10. SMT. VEENAMMA S O W/O THIPPESWAMY, AGED ABOUT 32 YEARS, ANGANAWADI WORKER, KAVALU BASAVESHWARA NAGARA, ANGANAWADI CENTRE, WARD NO.2, NAYAKANAHATTI POST, CHALLAKERE TALUK, CHITRDURGA DISTRICT-577536. …RESPONDENTS (BY SMT. PRATHIBHA R.K., AGA FOR R1 TO R6, R8 & R9 SRI T THIPPESWAMY, ADV. FOR SRI S SHESHADRI, ADV. FOR R10, R7 IS SERVED) +++++ THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FINAL SELECTION LIST BEARING NO. NO.SE HA CHA/AUM KAA/AUM SA/PROVISIONAL SELECTION /2019-20 DATED 06.07.2020 FILED IN ANNX-J ISSUED BY THE RESPONDENT NO.1 TO 4 -AUTHORITIES AND ENDORSEMENT BEARING NO.SE HA YO CHA/AUM KA/RECRUITMENT/APPLICATION 2019- 20 DATED 09.12.2020 FILED IN ANNX-P ISSUED BY R-4. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT - 4 - NC: 2025:KHC:1837 WP No. 10611 of 2023 ORAL ORDER The petitioner, a non-selected candidate to the post of Anganawadi worker of Madayyanahatti, Kavalubasaveswara Nagara Anganawadi Center is before this Court, questioning Annexure-J/notification dated 06.07.2020, final select list wherein respondent No.10 is selected as Anganawadi worker to the Anganawadi Center at Nayakanahatti, Kavalu Basaveswara Nagara and Annexure-P endorsement dated 09.12.2020 wherein petitioner’s application is rejected on the ground that the petitioner is not a resident of Nayakanahatti Kavalu Basaveswara Nagara and the petitioner is resident of Madayyanahatti village. 2. Heard learned counsel Sri.H.Ashok Kumar for petitioner, Smt.Prathibha R.K., learned Additional Government Advocate for Respondent Nos.1 to 6, 8 and 9 and Sri.T.Thippeswamy for Sri.S.Sheshadri, learned counsel for respondent No.10. - 5 - NC: 2025:KHC:1837 WP No. 10611 of 2023 3. Learned counsel for the petitioner would contend that the petitioner and respondent No.3 had applied for the post of Anganawadi worker to Nayakanahatti, Kavalu Basaveswara Nagara Anganawadi Center. Learned counsel would submit that rejection of petitioner’s case was challenged before this Court in W.P.No.8777/2020 and this Court by order dated 23.07.2020 directed the respondents to examine the grievance of the petitioner whether petitioner is eligible to participate in the process of recruitment to the post of Anganawadi worker or not?. In pursuance of the said direction, it is submitted that the petitioner’s case was examined and endorsement at Annexure-P dated 09.12.2020 is issued informing that the petitioner is not a resident of Nayakanahatti Kavalu Basaveswara Nagara. But, as she is a resident of Madayyanahatti village, her application is rejected. 4. Learned counsel would submit that both villages are one and the same. Moreover, he submits that Kavalu Basaveswara Nagara is upgraded as Town Panchayat, as - 6 - NC: 2025:KHC:1837 WP No. 10611 of 2023 such, the petitioner is to be considered as resident of Nayakanahatti, Kavalu Basaveswara Nagara and her case shall have to be considered for the post of Anganawadi worker to the said Anganawadi Center. 5. Per contra, learned Additional Government Advocate would submit that the petitioner would not be entitled to consider her case for appointment as Anganawadi worker since she is not a resident of Nayakanahatti village, Kavalu Basaveswara Nagara. In that regard, learned Additional Government Advocate invites attention of this Court to Annexure-C/Residential Certificate of respondent No.10 as well as Annexure-E/ Residential Certificate of petitioner to state that the petitioner is not a resident of Nayakanahatti, Kavalu Basaveswara Nagara. Thus, she prays for dismissal of the writ petition. 6. Having heard the learned counsel for the parties and on perusal of the writ petition papers, I am of the view that the petitioner would not be entitled for consideration of her case for appointment as Anganawadi worker to - 7 - NC: 2025:KHC:1837 WP No. 10611 of 2023 Nayakanahatti Kavalu Basaveswara Anganawadi Center, since she is not a resident of Nayakanahatti Kavalu Basaveswara Nagara, in terms of Residential Certificate dated 26.07.2019 (Annexure-E). 7. A perusal of the Residential Certificate at Annexure-E would indicate that the petitioner is a resident of Nayakanahatti (Madayyanahatti) village of Challakere Taluk, Chitradurga District, whereas, respondent No.10 selected candidate is a resident of Nayakanahatti (Kavalu Basaveswara Nagara) of Challakere Taluk, Chitradurga District. The post of Anganawadi worker is of Nayakanahatti Kavalu Basaveswara Nagara Anganawadi Center. One of the conditions in terms of Annexure-D Guidelines for appointment of Anganawadi worker is that a person who applies for the post of Anganawadi worker shall be of the same village to which, applications are invited to fill up the post of Anganawadi worker. Since, the petitioner is not a resident of Nayakanahatti (Kavalu Basaveswara Nagara) and she is a resident of - 8 - NC: 2025:KHC:1837 WP No. 10611 of 2023 Nayakanahatti (Madayyanahatti) village, in terms of Residential Certificate dated 26.07.2019 (Annexure-E), the petitioner would not be entitled for consideration of her case. 8. There is no merit in the writ petition and accordingly, the writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE MPK CT:bms List No.: 1 Sl No.: 38