- 1 - NC: 2025:KHC-D:1711 WP No. 107688 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107688 OF 2018 (S-RES) BETWEEN: SMT. SIDDAWWA W/O. HANUMANTH KOKATNUR, AGE: 29 YEARS, OCC: ANGANAWADI ASSISTANT, R/O: RAMTHEERTH, AT POST: RAMTHEERETH, TQ: ATHANI, DIST: BELAGAVI -591304. …PETITIONER (BY SRI. CHETAN MUNNOLI, SRI. RAGHUVEER R. SATTIGERI, AND SMT. SURABHI KULKARNI, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS UNDER SECRETARY, WOMEN AND CHILD DEVELOPMENT AND PHYSICALLY DISABLED AND SENIOR CITIZENS WELFARE DEPARTMENT, M.S. BUILDING, BENGLAURU. 2. THE CHILD LDEVELOPMENT, PROJECT OFFICER, ATHANI, TQ: ATHANI, DIST: BELAGAVI -591304. 3. THE DEPUTY DIRECTOR, DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT WELFARE, BELAGAVI DISTRICT, BELAGAVI. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO QUASH THE NOTIFICATION BEARING NO.ShiAaYoAa/Am.Ka.Ka/Am.Sa.Pra.18-19 Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:1711 WP No. 107688 of 2018 DATED: 25.10.2018 ISSUED BY THE 2ND RESPONDNET PRODUCED AS PER ANNEXURE-"A". THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court calling in question the notification dated 25.10.2018 which notifies the post of Anganwadi worker in Kokatnur Thotada Anganawadi Center-II, Ramtheerth. 2. Heard Sri Raghuveer R. Sattigeri, learned counsel appearing for Sri Chetan Munnoli, learned counsel for petitioner and Sri Sharad Magadum, learned AGA for respondents. 3. The petitioner is appointed as an Anganwadi Assistant at the aforesaid Anganwadi Centre on contract basis in the year 2007. The petitioner is said to be qualified with a pass in SSLC, having passed it in the month of January 2014. The State is said to have issued - 3 - NC: 2025:KHC-D:1711 WP No. 107688 of 2018 guidelines regarding appointment of Anganwadi Assistant and Anganwadi Workers in the State. In furtherance of the said guidelines, a notification comes to be issued on 25.10.2018 calling for the applications from the eligible candidates for appointment of Anganwadi Worker showing the vacancy as Anganwadi Assistant. 4. The learned counsel submits this notification itself is erroneous as the petitioner is working as Anganwadi Assistant there and there was no vacancy. It was actually the vacancy of Anganwadi Worker. 5. The learned AGA, on instructions, would submit that the petitioner was not qualified to hold the post at the time when she was appointed in the year 2007-2008 and therefore she cannot be considered for appointment as Anganwadi Worker as the post of Anganwadi Assistant which she was holding was on contract basis. 6. The learned counsel for the petitioner would join issue to submit the petitioner today is qualified for - 4 - NC: 2025:KHC-D:1711 WP No. 107688 of 2018 having passed the SSLC in the regular mode in the year 2020, nonetheless he would submit that today the petitioner is eligible to be considered for direct recruitment to the post of Anganwadi Worker. More so in the light of the fact that she has been working as Anganwadi Assistant in the aforesaid Kendra. 7. The aforenarrated facts are not in dispute. The issue lies in a narrow compass as to the notification dated 25.10.2018 which has been stayed at the hands of this Court throughout. The petitioner is said to be appointed at the aforesaid Anganwadi Center in the year 2008. The service certificate issued to the petitioner reads as follows “¸ÉêÁ ¥ÀæªÀiÁt ¥ÀvÀæ F ªÀÄÆ®PÀ ¥ÀæªÀiÁtÂÃPÀj¸ÀĪÀÅzÉãÉAzÀgÉ ²æêÀÄw ¹zÀݪÁé ªÀÄÄgÀUÉÃ¥Áà PÀļÉÆîýî CAUÀ£ÀªÁr ¸ÀºÁAiÀÄQ gÁªÀÄwÃxÀð PÉÃAzÀæ £ÀA.02(PÉÆPÀl£ÀÆgÀ vÉÆÃl) EªÀgÀÄ ¢£ÁAPÀ: 01.02.2008 jAzÀ E°èGªÀgÉUÉ CAUÀ£ÀªÁr ¸ÀºÁAiÀÄQAiÀiÁV ¸ÉÃªÉ ¸À°è¸ÀÄwÛzÁÝgÉAzÀÄ F ªÀÄÆ®PÀ ¥ÀæªÀiÁtÂÃPÀj¸À¯ÁVzÉ. ¸ÀܼÀ: CxÀt ²±ÀÄC©üªÀÈ¢Ý AiÉÆÃd£Á¢PÁjUÀ¼ÀÄ ¢£ÁAPÀ:25.06.2024 CxÀt” - 5 - NC: 2025:KHC-D:1711 WP No. 107688 of 2018 Therefore, the petitioner even today is said to be working which would amount to 16 years of service as Anganwadi Assistant in the aforesaid Anganwadi Kendra. 8. In the light of the petitioner working and being fully eligible to be considered for appointment to the post of Anganwadi Worker, the State as and when would issue a notification, should consider the case of the petitioner taking the experience of the petitioner, that is the experience of the petitioner of 16 years as an Anganawadi Assistant, for the post of Anganwadi Worker as the feeder cadre for the Anganwadi Worker is the Anganwadi Assistant. Since the interim order is subsisting and the petitioner is continued in the said post, her services shall not be discontinued until proceedings come about for appointment/ promotion to the post of Anganwadi Worker. 9. For the aforesaid reasons, the following : ORDER (i) The Writ Petition is allowed in part. - 6 - NC: 2025:KHC-D:1711 WP No. 107688 of 2018 (ii) The notification dated 25.10.2018 being erroneous, is set aside. (iii) The State is at liberty to issue such notification in accordance with law for appointment to the post of Anganawadi Worker or Anganwadi Assistant, as the case would be in the Anganwadi Centre. (iv) In the event notification is issued, the observations made in the course of the order shall be borne in mind. Sd/- (M.NAGAPRASANNA) JUDGE NAA List No.: 1 Sl No.: 7