- 1 - NC: 2025:KHC-D:6359-DB WA No. 100313 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO.100313 OF 2022 (S-RES) BETWEEN: SMT. SHAKUNTALA @ SHEKAVVA W/O NAMADEV LAMANI AND D/O VITTAL CHAVHAN AGE. 31 YEARS, OCC. HOUSEHOLD, R/O. KUNDARAGI L.T.NO.1, POST. JANAMATTI, TQ. BILAGI, DIST. BAGALKOT-587116. …APPELLANT (BY SRI. Y.R. JOGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPTD. BY ITS PRINCIPAL SECRETARY, WOMEN & CHILDREN DEVELOPMENT DEPARTMENT, M.S.BUILDING, BENGALURU-01. 2. THE DEPUTY COMMISSIONER & PRESIDENT ANGANAWADI WORKER/HELPER SELECTION COMMITTEE BAGALKOT, ZILLA ADALITH BHAVAN, NAVANAGAR, BAGALKOT-587103. 3. THE CHIEF EXECUTIVE OFFICER AND VICE PRESIDENT ANGANAWADI WORKER/HELPER SELECTION COMMITTEE BAGALKOT, ZILLA ADALITH BHAVAN, NAVANAGAR, BAGALKOT-587103. 4. THE DEPUTY DIRECTOR OF WOMEN AND CHILDREN DEVELOPMENT DEPARTMENT, MEMBER ANGANAWADI WORKER/HELPER SELECTION COMMITTEE BAGALKOT, ZILLA ADALITH BHAVAN, NAVANAGAR, BAGALKOT-587103. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:6359-DB WA No. 100313 of 2022 5. THE CHILD DEVELOPMENT PROJECT OFFICER, AND MEMBER SECRETARY ANGANAWADI WORKER/HELPER SELECTION COMMITTEE BILAGI, TQ. BILAGI, DIST. BAGALKOT-587116. 6. THE TALUKA SOCIAL WELFARE DEPARTMENT AND MEMBER ANGANAWADI WORKER/HELPER SELECTION COMMITTEE BILAGI, TQ. BILAGI, DIST. BAGALKOT-587116. 7. THE EXECUTIVE OFFICER TALUKA PANCHAYAT AND MEMBER ANGANAWADI WORKER /HELPER SELECTION COMMITTEE BILAGI, TQ. BILAGI, DIST. BAGALKOT-587116. 8. THE TALUKA HEALTH AND FAMILY WELFARE OFFICER AND MEMBER ANGANAWADI WORKER /HELPER SELECTION COMMITTEE BILAGI, TQ. BILAGI, DIST. BAGALKOT-587116. 9. SMT. AVI W/O KRISHNAPPA LAMANI AGE. 28 YEARS, OCC. HOUSEHOLD, R/O. KUNDARAGI, L.T.NO.1, POST. JANAMATTI, TQ. BILAGI, DIST. BAGALKOT-587116. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1,R2,R4,R5,R6 & R8; NOTICE TO R3,R7 & R9 ARE SERVED) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT R/W ARTCLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, SET-ASIDE THE ORDER PASSED IN WRIT PETITION NO.101179/2022 (S-RES) ON 12/04/2022 BY THE LEARNED SINGLE JUDGE AND THE PROCEEDINGS OF THE DEPUTY DIRECTOR OF WOMEN AND CHILDREN DEVELOPMENT DEPARTMENT BAGALKOT AND ISSUED AN ORDER TO THE RESPONDENT NO.9 WITH SANKYA.UNIBA/MAMAAE/AUMSA/GOUSEGU/2022-23/298 ON 19/04/2022 AS PER ANNEXURE-M & ETC. THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA - 3 - NC: 2025:KHC-D:6359-DB WA No. 100313 of 2022 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 impugned order dated 12.04.2022 passed in WP No.101179/2022, whereunder the appellant’s writ petition questioning the appointment of respondent No.9 as Anganawadi Worker with a prayer to direct the respondents to appoint the appellant as Anganwadi Worker to the Anganawadi Centre at Kundaragi LT-1 Village, is rejected. 2. Heard the learned counsel for the appellant and learned Addl. Government Advocate for respondents No.1, 2, 4 to 6 and 8/State. Perused the writ appeal papers. 3. The parties would be referred to as they stood before the writ Court for the sake of convenience. 4. It is not in dispute that the petitioner as well as respondent No.9 applied for the post of Anganawadi Worker at Kundaragi LT-1 Village of Janamatti Gram Panchayat. Last date for submitting the application was 13.09.2021. In terms of - 4 - NC: 2025:KHC-D:6359-DB WA No. 100313 of 2022 notification inviting application as well as procedure prescribed for selection and appointment of Anganawadi Worker, production of Residential Certificate is a must. The petitioner though in her application marked the column as ‘the Residential Certificate issued’, failed to produce or upload the said Residential Certificate. The petitioner submitted three sets of applications on different dates, but according to the learned AGA, the petitioner failed to produce Residential Certificate along with the application. 5. Learned AGA has produced the original records relating to selection and appointment of Anganwadi Worker at Kundaragi LT-1 village. We have perused the original records and on going through the original records, we are satisfied that the petitioner has failed to produce the Residential Certificate along with her application. 6. The requirement or eligibility criteria for appointment as Anganwadi Worker is that a candidate should be a resident of that particular village. Unless the candidate is a resident of that particular village, she would not become eligible for appointment. When the petitioner has failed to - 5 - NC: 2025:KHC-D:6359-DB WA No. 100313 of 2022 produce the Residential Certificate along with her application, she would not be entitled for consideration of her case for appointment to the post of Anganawadi Worker. When the petitioner has not established that she is a resident of that particular village by producing Residential Certificate issued by Tahsildar, this Court would not find fault with the rejection of her application by the respondent/authority. Annexure-F would further indicate that the petitioner has failed to produce the Residential Certificate even along with the objections filed by her to the provisional select list. 7. In the above circumstance, the learned Single Judge is justified in rejecting the writ petition on the ground that the petitioner has not produced her Residential Certificate along with her application. When the production of Residential Certificate itself is in dispute, this Court would not go into the said disputed question in exercise of jurisdiction under Article 226 of the Constitution of India. We do not find any error or illegality in the order passed by the learned Single Judge. We find no merit in the writ appeal and accordingly, writ appeal stands rejected. - 6 - NC: 2025:KHC-D:6359-DB WA No. 100313 of 2022 Pending applications, if any, are disposed of as not surviving for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 1