- 1 - WP No. 20240 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF APRIL, 2023 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.20240 OF 2022 (S-RES) BETWEEN: SMT. BHAGYA N. W/O LATE BASAVARAJU AGED ABOUT 31 YEARS MADHUVANAHALLI VILLAGE AND POST KOLLEGAL TALUK CHAMARAJANAGARA DISTRICT -571 440. …PETITIONER (BY SRI. SUNIL S. NARAYAN., ADVOCATE) AND: 1. DISTRICT COMMISSIONER KOLLEGAL TALUK CHAMARAJNAGAR DISTRICT -571440. 2. CHILD DEVELOPMENT PROJECT OFFICE (CDPO) CDPO (HEAD-OFFICE) KOLLEGAL TALUK CHAMARAJANAGAR DISTRICT -571440 REPRESENTED BY ITS DEPUTY DIRECTOR 3. CHILD DEVELOPMENT PROTECTION OFFICE (CDPO) CDPO (REGIONAL OFFICE) MADHUVANAHALLI VILLAGE AND POST KOLLEGAL TALUK CHAMARAJANAGAR DISTRICT -571440 REPRESENTED BY CHILD DEVELOPMENT OFFICER Digitally signed by ARUN KUMAR M S Location: High Court of Karnataka - 2 - WP No. 20240 of 2022 4. PANKAJA M. W/O LATE NANDEESHA B. AGED ABOUT 31 YEARS MADHUVANAHALLI VILLAGE AND POST KOLLEGAL TALUK CHAMARAJANAGAR DISTRICT -571440. …RESPONDENTS (BY SRI. T.P.SRINIVASA, PRL.GA. FOR R1 TO R3; R4 SERVED BUT UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET ASIDE THE FINAL LIST AT ANNEXURE-L ANNOUNCED BY RESPONDENT-2 (WITH RESPECT TO GOVERNMENT NOTIFICATION DATED 21.04.2021) VIDE ANNEXURE-A CANCELLING THE NAME OF PETITIONER AND SELECTING THE RESPONDENT-4 TO THE POST OF ANGANAVADI WORKER, MADHUVANAHALLI VILLAGE AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER 1. Heard learned counsel appearing for the parties. 2. In this writ petition, petitioner herein is challenging the final list announced by respondent No.2 dated nil (Annexure-L), appointing the fourth respondent to the post of Anganwadi Worker of Madhuvanahalli Village, Kollegala Taluk, Chamarajanagara District. - 3 - WP No. 20240 of 2022 3. The relevant facts for adjudication of this writ petition are that the respondent - authority invited applications from eligible candidates for the post of Anganawadi Worker as per Notification dated 21.04.2021(Annexure-A). Both the petitioner and respondent No.4 made application for the post of Anganwadi Worker of Madhuvanahalli Anganawadi Centre. The petitioner has uploaded the entire documents as required under Notification produced at Annexure-A. The fourth respondent herein has also uploaded the entire documents as per Annexure- J to the writ petition. However, it is specifically stated that respondent No.4 has not enclosed copy of widow certificate and the widow pension certificate as required under the Notification dated 21.04.2021. 4. Learned counsel appearing for the petitioner contended that as per the guidelines issued by respondent - authority dated 23.09.2017 (Annexure-C), priority shall be given to widow while considering the case for appointment of Anganwadi Workers. In the present case, both petitioner and respondent No.4 are widows. However, respondent No.4 has not enclosed the relevant documents as required under law, and as such, learned - 4 - WP No. 20240 of 2022 counsel sought for quashing of appointment of respondent No.4 by allowing this writ petition. 5. Learned AGA sought to justify the action of the respondents. 6. Respondent No.4 is served and has remained absent. 7. Taking into consideration the factual aspects on record and on perusal of Annexure-J, the application made by the fourth respondent herein wherein the husband of the fourth respondent has died subsequent to the issuance of the Notification dated 21.04.2021 (Annexure-A ) and in that view of the matter, as on the date of Notification dated 21.04.2021, the respondent No.4 was not a widow. In that view of the matter, I am of the view that selecting the fourth respondent to the post of Anganawadi Worker to Mahadevapura Anganawadi Cenre, Kollegala Taluk is illegal and appointment of fourth respondent is contrary to law and guidelines issued by the Government produced at Annexure- C to the writ petition. 8. In that view of the mater, writ petition is allowed. The selection made by respondent - authority vide order at Annexure-L dated nil, in respect of Mahadevapura Anganawai - 5 - WP No. 20240 of 2022 Centre for the post of Anganwadi worker is hereby set aside and respondent – authority, particularly, the first respondent herein being the Chairman of the Selection Committee, is directed to reconsider the issue at the earliest and pass appropriate orders, within three months from the date of receipt of a copy of this order. 9. However, taking into consideration that fourth respondent is working in the said Anganawadi Centre, the respondent - authority shall not disturb fourth respondent before taking fresh decision in the matter as stated above. Compliance has to be made by the respondent-1 at the earliest. SD/- JUDGE sac*