- 1 - NC: 2025:KHC-D:2477 WP No. 100444 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100444 OF 2025 (S-RES) BETWEEN: SMT. ASHA W/O. ULAVAPPA JOLAD, BEFORE MARRIAGE KNOWN AS, ASHA D/O. SIDDAPPA GHODAGERI, AGE: 32 YEARS, OCC: NIL, R/O: MARGANAKOPPA, TQ: KITTUR, DIST: BELAGAVI. …PETITIONER (BY SRI SANTOSH B. RAWOOT, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY, WOMAN CHILDREN WELFRE, DISABLED AND SENIOR CITIZENS EMPOWERMENT DEPARTMENT, M.S. BUILDING, BENGALURU -560001. 2. THE JOINT DIRECTOR, WOMAN AND CHILD DEVELOPMENT OFFICE, SHIVAJI NAGAR, BELAGAVI. 3. CHILD DEVELOPMENT OFFICER, WOMAN AND CHILD DEVELOPMENT OFFICE, MINI VIDHANA SOUDHA, 1ST FLOOR, BAILHONGAL, TQ. BAILHONGAL, DIST. BELAGAVI. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:2477 WP No. 100444 of 2025 4. SHILPA D/O. CHANABASAPPA KADAKOL, AFTER MARRIAAGE KNOWN AS, SMT. SHILP W/O. SHRIKUMR DANADAMANI, AGE: 23 YEARS, OCC: ALLEGED TO BE ANGANWADI WORKER IN MARGANAKOPPA VILLAGE, TQ. KITTUR, DIST. BELAGAVI, PRESENTLY RESIDING AT, HALAGIMARADI, TQ. DIST. BELAGAVI. …RESPONDENTS (BY SMT. KIRTHILATA R. PATIL, HCGP FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE ENDORSEMENT NO. SHI A YO BAI/ AM. KAA. HIM. KU/2024- 25/631, DATED. 09-01-2025 ISSUED BY THE RESPONDENT NO. 3 AT ANNEXURE-L. PASS SUCH OTHER ORDERS AS THE COURT MAY DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court calling in question an endorsement dated 09.01.2025, by which the claim of the petitioner for appointment to the post of Anganwadi Worker comes to be rejected. - 3 - NC: 2025:KHC-D:2477 WP No. 100444 of 2025 2. Heard the learned counsel Sri.Santosh B. Rawoot appearing for the petitioner and the learned HCGP Smt. Kirthilata R. Patil for the respondent-State. Facts in brief germane are as follows: 3. The State notifies guidelines for appointment of Anganwadi Workers/Helpers at Anganwadi Centres. The petitioner and the 3rd respondent finding themselves eligible, pursuant to a notification so issued for appointment apply. The applications of both the petitioner and the respondent are scrutinized considered and the 4th respondent is found to be more meritorious than the petitioner and therefore the 4th respondent is offered appointment. The petitioner then files objections to the select list which comes to be rejected by the impugned endorsement. The impugned endorsement is what is called in question before this Court by the petitioner. 4. The learned counsel appearing for the petitioner would urge twin contentions, the first being that the 4th respondent is not the resident of the same village; the - 4 - NC: 2025:KHC-D:2477 WP No. 100444 of 2025 other being that the 4th respondent-appointee is lower in age than the petitioner. It is his submission that in terms of the guidelines, a person who is senior in age should be offered appointment. 5. The learned HCGP would however seek to refute the submission contending that the petitioner is less meritorious than the 4th respondent and is a resident of the same village. She would place reliance upon a certificate issued by the Tahsildar of the jurisdiction and would seek dismissal of the petition. 6. I have given my anxious consideration to the arguments advanced by the respective parties and perused the material on record. 7. The afore-narrated facts, link in the chain of events and the dates are not in dispute. Therefore they would not require any reiteration. Both the petitioner and the 4th respondent apply pursuant to a notification issued by the State calling applications from eligible persons for appointment to the post of Anganwadi Workers/helpers. The appointment is offered to the 4th respondent. This is - 5 - NC: 2025:KHC-D:2477 WP No. 100444 of 2025 objected to by the petitioner on the aforesaid two grounds, one is the appointee being lesser in age to the petitioner; and the other the appointee not being resident of the same village. Both these submissions are to be rejected for the following reasons: The submission that the 4th respondent is not the resident of the same village is belied by the fact that the Tahasildar of the jurisdiction has issued a certificate which depicts that the petitioner is a resident of the same village, therefore, the said ground tumbles down; the other ground is that the petitioner is senior in age. 8. Learned counsel seeks to place reliance on Clause XII: “XII «Ä¤ CAUÀ£ÀªÁr PÁAiÀiðPÀvÉð/CAUÀ£ÀªÁr ¸ÀºÁAiÀÄQAiÀÄgÀ£ÀÄß PÁAiÀÄðPÀvÉðAiÀÄgÀ£ÁßV ¥ÀzÉÆãÀßwUÉ UÀÄgÀÄw¸ÀĪÀ «zsÁ£ÀzÀ PÀÄjvÀÄ: CAUÀ£ÀªÁr PÁAiÀÄðPÀvÉð ºÀÄzÉÝUÀ½UÉ ¦.AiÀÄÄ.¹. GwÛÃtð ºÉÆA¢zÀ «Ä¤ CAUÀ£ÀªÁr PÁAiÀÄðPÀvÉðAiÀÄjUÉ ªÉÆzÀ® DzÀåvÉ ¤ÃqÀĪÀÅzÀÄ. CAUÀ£ÀªÁr ¸ÀºÁAiÀÄQAiÀÄgÀÄ 5 ªÀµÀð PÀ¤µÀÖ ¸ÉêÉ, GvÀÛªÀÄ ¸ÉêÁ zÁR¯É, »jAiÀÄ ªÀAiÉÆêÀiÁ£À ºÉÆA¢zÀ ¸ÀºÁAiÀÄQAiÀÄgÀ£ÀÄß ºÉaÑ£À «zÁåºÀðvÉ ºÁUÀÆ ªÀAiÀĹì£À C£ÀÄUÀÄtªÁV ¥ÀzÉÆãÀßwUÉ ¥ÀjUÀt¸ÀĪÀÅzÀÄ. ºÁUÀÆ CzÉà UÁæªÀÄ/£ÀUÀgÀ ¥ÀæzÉñÀzÀ°è ªÀÄÆgÀÄ Q.«ÄÃ. ªÁå¦ÛAiÀÄ°è ªÁ¸ÀªÁVgÀĪÀÅzÀÄ.” - 6 - NC: 2025:KHC-D:2477 WP No. 100444 of 2025 9. No doubt the Clause would in the first blush indicate that a person who is senior in age, should be preferred, but that cannot be dehors merit. The preference can spring only when both the candidates are of the same merit and then the senior would be preferred. The petitioner admittedly is not more meritorious than the 4th respondent. May be that the petitioner is higher in age that would not give a right to the petitioner to call in question the appointment of the 4th respondent who is found to be more meritorious and qualified in all terms as also the fact that she is the resident of the same village as certified by the Tahsildar. 10. In that light, petition being devoid of merit, stands rejected. Sd/- (M.NAGAPRASANNA) JUDGE KGK List No.: 1 Sl No.: 34