- 1 - NC: 2025:KHC-D:4591-DB WA No. 100113 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO.100113 OF 2025 (S-RES) BETWEEN: KUMARI TARA D/O. IRANNA BINNAL, AGE. 19 YEARS, OCC. ANGANAWADI WORKER, R/O. NEERALAGI, TQ. AND DIST. KOPPAL, PIN-583231. …APPELLANT (BY SRI ANAND R.KOLLI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, THE CHAIRMAN OF THE COMMITTEE FOR THE RECRUITMENT OF ANGANAWADI WORKERS AND ANGANAWADI ASSISTANTS, KOPPAL, TQ. DIST. KOPPAL, PIN-583231. 2. THE DEPUTY DIRECTOR, THE DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, KOPPAL, TQ. AND DIST. KOPPAL, PIN-583231. 3. THE CHILD DEVELOPMENT AND PLANNING OFFICER, KOPPAL, TQ. AND DIST. KOPPAL, PIN-583231. 4. KUMARI NINGAMMA D/O. ANDAPPA ANGADI, AGE. 28 YEARS, OCC. HOUSEHOLD WORK, R/O. NEERALAGI, TQ. AND DIST. KOPPAL, PIN-583231. …RESPONDENTS (BY SRI G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1 TO R3; SRI P.G. MOGALI, ADVOCATE FOR C/R4) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4591-DB WA No. 100113 of 2025 THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE ORDER DATED 23.09.2024 PASSED BY THE SINGLE JUDGE OF THIS COURT IN W.P.NO.86078/2013 THE APPELLANT/RESPONDENT 4 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT IS DELIVERED THEREIN UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) This intra-court appeal filed under Section 4 of the Karnataka High Court Act, 1961 is directed against the order dated 23.09.2024 passed in W.P. No.86078/2013, wherein the appellant’s selection to the post of Anagawadi worker of Neeralagi Anganawadi Centre No.3 is quashed with a direction to redo the selection insofar as the post of Anganawadi Worker, Neeralagi Anganawadi Centre No.3. 2. Heard Sri. Anand R.Kolli learned counsel for the appellant, Sri. G.K.Hiregoudar, learned Government Advocate for respondents No.1 to 3, and Sri. P.G.Mogali, learned counsel for respondent No.4/writ petitioner - 3 - NC: 2025:KHC-D:4591-DB WA No. 100113 of 2025 3. Parties would be referred to as per their rank before the Writ Court. The appellant was respondent No.4, and respondent No.4 herein was the petitioner before the Writ Court. 4. The petitioner and respondent No.4 herein applied for the post of Anganawadi Worker at Neeralagi Anganawadi Centre No.3. After selection process, the 4th respondent was selected and appointed as Angawadi worker. Challenging the said selection and appointment, the petitioner was before this Court in W.P. No.86078/2013. The learned Single Judge considering the rival contentions set aside the impugned order of appointment of the 4th respondent as Anganawadi worker to Neeralagi Anaganawadi Centre with a direction to redo the selection. 5. Learned counsel for the appellant would submit that the order of the learned Single Judge is opposed to the material on record and he, further submits that the selecting authority has not conducted any enquiry before arriving at the conclusion that the petitioner suffered from 75% disability. It is his - 4 - NC: 2025:KHC-D:4591-DB WA No. 100113 of 2025 submission that only to favour the 4th respondent, the respondents have come to the above conclusion. 6. On the other hand, learned Government Advocate would support the order of the learned Single Judge and he submits that, as directed by the learned Single Judge, selection would be redone taking into consideration the observations of the learned Single Judge. 7. Sri. P.G.Mogali, learned counsel for respondent No.4/writ petitioner would support the order of the learned Single Judge and prays for dismissal of the writ petition. 8. It is not in dispute that the petitioner as well as respondent No.4 applied for post of Angawadi Worker at Neeralagi Anganawadi Centre No.3. It is also an admitted fact that respondent No.4 was selected and appointed as Anganawadi Worker to Neeralagi Anganawadi Centre No.3. The learned Single Judge finding fault with the procedure adopted during the selection process to find out the disability and conducting of spot inspection, has rightly allowed the writ petition with a direction to redo the selection insofar as Angawadi worker of Neeralagi Anganawadi Centre No.3. It is - 5 - NC: 2025:KHC-D:4591-DB WA No. 100113 of 2025 also rightly observed by the learned Single Judge that by conducting spot inspection, percentage of disability cannot be assessed and the authority shall have to place reliance on the certificate issued by the District Surgeon or the competent authority. 9. In the light of the above, we do not find any illegality in the order passed by the learned Single Judge. There is no merit in the appeal. Accordingly, the writ appeal is rejected. Till selection process is redone, as directed by the learned Single Judge, appellant/respondent No.4 shall continue at Neeralagi Anganawadi Centre. Pending I.As. do not survive for consideration and are disposed of accordingly. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE KMS List No.: 1 Sl No.: 12