- 1 - HC-KAR NC: 2025:KHC:24050 WP No. 18842 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 18842 OF 2025 (S-RES) BETWEEN: 1. SMT. SOWMYA K W/O SRI. SANTHOSH M AGED ABOUT 21 YEARS RESIDING NEAR MARAMMA TEMPLE KAGALAGERE GOLLARAHATTI B. DURGA HOBLI, HOLALKERE TALUK 577518 CHITRADURGA DISTRICT. …PETITIONER (BY SRI. SUBRAMANYA R, ADVOCATE FOR SRI. DEVARAJA M.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, WOMEN AND CHILD DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560 001. 2. THE DEPUTY DIRECTOR, WOMEN AND CHILD DEVELOPMENT DEPARTMENT, CHITRADURGA-577501. 3. THE TAHSILDAR TALUK OFFICE, HOLALKERE 577526 CHITRADURGA DISTRICT. 4. THE DEPUTY TAHSILDAR TALUK OFFICE, Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24050 WP No. 18842 of 2025 HOLALKERE 577526 CHITRADURGA DISTRICT. 5. THE CHILD DEVELOPMENT PROJECT OFFICER HOLALKERE 577526 CHITRADURGA DISTRICT. 6. SMT. PUSHPA K.G., W/O SRI.ANJANI M.S. AGED ABOUT 30 YEARS RESIDENT OF KAGALAGERE B.DURGA HOBLI HOLALKERE TALUK 577518 CHITRADURGA DISTRICT. …RESPONDENTS (BY SRI. VIKAS RAJIPURA, AGA FOR R1 TO R5; R6-SERVICE OF NOTICE DISPENSED WITH V/O DATED 4/7/2025) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROVISIONAL LIST OF SELECTED CANDIDATES INSOFAR AS RESPONDENT NO.6 IS CONCERNED IN THE LIST PUBLISHED BY RESPONDENT NO.2 AND 5 PURSUANT TO THE PROCEEDINGS OF THE SELECTION COMMITTEE DATED 20.03.2025 WITH RESPECT TO THE VACANCY OF ANGANAVADI WORKER IN KAGALAGERE GOLLARAHATTI AS ARBITRARY, ILLEGAL AND OPPOSED TO THE NOTIFICATION ISSUED FOR THE APPOINTMENT OF ANGANAWADI WORKERS AS PER ANNEXURE-K. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:24050 WP No. 18842 of 2025 CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner has sought for the following reliefs: “(i) Issue a writ of certiorari to quash the provisional list of selected candidates insofar as Respondent No.6 is concerned in the list published by Respondent No.2 and 5 pursuant to the proceedings of the Selection Committee dated 20.03.2025 with respect to the vacancy of Anganavadi Worker in Kagalagere Gollarahatti as arbitrary, illegal and opposed to the notification issued for the appointment of anganawadi workers as per ANNEXURE "K" (ii) Issue a writ of Mandamus directing the Respondent No.2 and 5 to confirm the Selection of Petitioner to the Anganavadi Worker post of Kagalagere Gollarahatti in pursuance to the proceedings of the selection committee dated 15.11.2024 vide Annexure "E" and consequently direct them to issue appointment orders to Petitioner as Anganavadi worker of Kagalagere Gollarahatti forthwith; (iii) Issue Writ of Mandamus to the Respondent NO.2 and 5 directing them to conduct/enquire residence/domicile confirmation certificates of - 4 - HC-KAR NC: 2025:KHC:24050 WP No. 18842 of 2025 Respondent No.6 produced dated 21.08.2024 and 26.12.2024 vide Annexure "H" and "J" through the office of Respondent No.3 and 4. (iv) Issue a writ of mandamus OR writ of direction to direct Respondents No.2 and 5 to uphold the endorsement issued by them earlier to the Respondent No.6 dated 04.01.2025 bearing No. Sam/Shi.Ayo.Ho.Am.Kaa/Tha.Aayke/Akshe/2024- 25/980 vide Annexure "F"; (v) Grant such other reliefs as deemed fit in the circumstances of the case in the interest of justice.” 2. The case of the petitioner is that both the petitioner and respondent No.6 applied for the vacant post of Anganwadi Worker at the Kagalagere Gollarahatti Village Anganwadi Centre, as per the notification issued by the Department of Women and Child Development. The petitioner along with the application, enclosed a residential certificate to establish that she is a resident of Kagalagere Gollarahatti and also submitted her SSLC Marks Card. Respondent No.6 also submitted a residential certificate - 5 - HC-KAR NC: 2025:KHC:24050 WP No. 18842 of 2025 along with the application, stating that she is a resident of Kagalagere Magalahatti, as per Annexure-J. After considering the applications of the candidates, a provisional selection list was issued as per Annexure-E dated 15.11.2024, selecting the petitioner as the Anganwadi Worker of Kagalagere Gollarahatti Anganwadi Centre. The notification also stated that objections, if any, to the provisional list may be submitted on or before 03.12.2024. Thereafter, respondent No.4 submitted objections to the provisional list, which were considered by Respondent Nos.2 and 4. Subsequently, a revised provisional list was issued by respondent Nos.2 and 5, as per Annexure-K dated 20.03.2025, selecting respondent No.6 for the post of Anganwadi Worker at Kagalagere Gollarahatti, replacing the petitioner without notifying the petitioner or giving her an opportunity to present her case. - 6 - HC-KAR NC: 2025:KHC:24050 WP No. 18842 of 2025 In response, the petitioner filed objection to the revised provisional list, as per Annexures-L and M dated 20.03.2025, stating that respondent No.6 is not a resident of Kagalagere Gollarahatti, where the Anganwadi Centre is situated and further stating that Kagalagere is distinct from Kagalagere Gollarahatti. In reply to the petitioner’s objection, respondent No.2 issued an endorsement dated 03.04.2025 vide Annexure-N, stating that Kagalagere Gollarahatti and Kagalagere Magalahatti belong to the same revenue village and that the names Kagalagere, Kagalagere Gollarahatti, and Kagalagere Magalahatti are the names used by the villagers. However, on spot verification, it was found that Kagalagere, Kagalagere Gollarahatti, and Magalahatti are separate and distinct from one another. Despite this and even though respondent No.6 is neither a resident nor a domicile of Kagalagere Gollarahatti, respondent Nos.2 and 5 arbitrarily selected - 7 - HC-KAR NC: 2025:KHC:24050 WP No. 18842 of 2025 respondent No.6 in place of the petitioner without notice to the petitioner. Being aggrieved by this action, the petitioner has filed the present petition. 3. The learned counsel appearing for the petitioner submitted that, as per the notification, first preference must be given to candidates, who are local residents of the village, where the Anganwadi Centre is situated. Respondent No.6 is not a resident of the said village. The endorsement was issued without considering the relevant Government Order and circular. He further submitted that since the final selection list has not yet been issued, the petitioner may be permitted to submit a fresh representation enclosing the Government Order and other relevant records. 4. In view of the above, I pass the following order: ORDER a) The writ petition is disposed of. - 8 - HC-KAR NC: 2025:KHC:24050 WP No. 18842 of 2025 b) The petitioner is permitted to file a fresh objection, enclosing the Government Order, relevant circulars, and other supporting records to establish her case, within one week from today. c) If such an objection is filed, it shall be considered before issuing the final selection list. Thereafter, the final selection list shall be issued, in accordance with law. d) The respondents are directed not to issue the final selection list till the objection is considered, if it is filed within the said period of one week. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 7