- 1 - NC: 2025:KHC:8931-DB WA No. 256 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE T.M.NADAF WRIT APPEAL NO. 256 OF 2024 (S-RES) BETWEEN: DEEPIKA. U.P, W/O CHETHAN. K, AGED ABOUT 25 YEARS, WORKING AS ANGANAWADI HELPER, KANIVEHALLI ANGANAWADI CENTER, KANIVEHALLI, HOLALKERE TALUK, CHITRADURGA DISTRICT - 577 539. …APPELLANT (BY SRI. MANJUNATHA RAO BHOUNSLE, ADVOCATE) AND: 1. T.O. SHILPA, W/O LATE SURESH. K, R/O KANIVEHALLI, SINGANAHALLI, HOLALKERE TALUK, CHITRADURGA DISTRICT - 577 539. 2. THE STATE OF KARNATAKA, REP. BY ITS UNDER SECRETARY, DEPARTMENT OF WOMEN AND CHILD AND DISABILITY AND EMPOWERMENT OF SENIOR CITIZENS, Digitally signed by K G RENUKAMBA Location: High Court of Karnataka - 2 - NC: 2025:KHC:8931-DB WA No. 256 of 2024 AMBEDKAR VEEDI, BENGALURU - 560 001. 3. THE CHILD DEVELOPMENT OFFICER -CUM-MEMBER SECRETARY, ANGANAWADI HELPERS’ SELECTION COMMITTEE, HOLALKERE - 577 501. 4. THE DEPUTY DIRECTOR, WOMEN AND CHILD DEVELOPMENT DEPARTMENT, CHITRADURGA-CUM-MEMBER, ANGANAWADI HELPERS’ SELECTION COMMITTEE, CHITRADURGA - 577 501. 5. THE CHIEF EXECUTIVE OFFICER, CHITRADURGA-CUM-ASSISTANT DIRECTOR, ANGANAWADI HELPERS’ SELECTION COMMITTEE, CHITRADURGA - 577 501. 6. THE DEPUTY COMMISSIONER, CHITRADURGA-CUM-PRESIDENT, ANGANAWADI HELPERS’ SELECTION COMMITTEE, CHITRADURGA - 577 501. …RESPONDENTS (BY SRI. R SHASHIDHARA, ADVOCATE FOR R1, SMT. SARITHA KULKARNI, AGA FOR R2 TO R6) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE ORDER DATED 13.10.2023 IN WP No. 4120 OF 2022 (S-RES) PASSED BY THE LEARNED SINGLE JUDGE BY DISMISSING THE WRIT PETITION FILED BY THE RESPONDENT No. 1, ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:8931-DB WA No. 256 of 2024 CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO and HON'BLE MR JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR JUSTICE V KAMESWAR RAO) The challenge in this appeal is to an order dated 13.10.2023 passed by the learned Single Judge in WP No.4120/2022, whereby the learned Single Judge has allowed the writ petition filed by the respondent No.1 herein by stating in paragraphs No.4 to 6 as under: “4. However, learned counsel for the respondent relies on the judgment of a Co-ordinate Bench of this Court in W.P.No.25283/2022, which was also in relation to not uploading of death certificate by which the claim of the petitioner had been dismissed and this dismissal was based on the decision rendered by the Apex Court in the case of KARNATAKA STATE SEEDS DEVELOPMENT CORPORATION LIMITED Vs. H.L.KAVERI (2020) 3 SCC 108. In the said judgment, on the basis of which, a Co-ordinate Bench of this Court passed an order, the Apex Court had stated that it was the duty of the eligible candidates to enclose all the necessary documents and if those documents which were necessary had not been enclosed, their candidature - 4 - NC: 2025:KHC:8931-DB WA No. 256 of 2024 could not be accepted. It may be borne in mind that the Apex Court was dealing with the case in relation to a post of a Junior Assistant, whereas in the present case, the post in question was Anganawadi Worker. 5. In my view, therefore, ratio laid down by this Court in W.P.No.14200/2019 which took into consideration the candidature of an Anganawadi Worker would have to prevail. Consequently, since it is an undisputed fact that the petitioner was a widow, the respondents would have to consider the lapse in not upholding the death certificate liberally and would have to call upon the petitioner to furnish the death certificate of her husband and thereafter pass appropriate orders. 6. In the result, the impugned order is quashed and the respondents are directed to call for the death certificate of her husband from the petitioner and thereafter consider the same and pass appropriate orders. Writ Petition is accordingly allowed.” 2. The facts to be noted are, the respondents-State had called for applications for the post of Anganawadi Worker; the appellant herein and respondent No.1 had made applications; the respondent No.1 made an - 5 - NC: 2025:KHC:8931-DB WA No. 256 of 2024 application and claimed priority on the basis of her being a widow; however, the death certificate of the husband of respondent No.1 had not been uploaded along with the application. As a consequence, her application was not considered and the appellant herein was provisionally selected and objections were called for. In response to the same, respondent No.1 filed objections, again reiterating that she is a widow and hence, entitled to be preferred as against the appellant herein. The objections were over-ruled on the ground that she had not uploaded the death certificate of her husband along with her application and therefore, her application could not be considered. 3. We have already reproduced the conclusion drawn by the learned Single Judge in allowing the writ petition of respondent No.1. Suffice to state, it is a fact that, the husband of respondent No.1 had expired on 09.10.2020, much prior to the respondent No.1 submitting the application for the post of Anganawadi - 6 - NC: 2025:KHC:8931-DB WA No. 256 of 2024 Worker. The death certificate at Annexure-B would reveal, the husband of respondent No.1 Suresh.K had expired on 09.10.2020. If that be so, the respondent No.1 is entitled to the benefit as a widow and the appointment could not have been denied only on the ground that she has not uploaded the death certificate. The learned Single Judge has referred to the judgment of the Supreme Court in the case of Karnataka State Seeds Development Corporation Limited -Vs.- H.L.Kaveri [(2020) 3 SCC 108] and distinguished the judgment by stating that, the Supreme Court was dealing with the post of Junior Assistant, whereas the case in hand relates to the post of Anganawadi Worker. By observing such, the learned Single Judge has held that the candidature of respondent No.1 has to prevail. Consequently, the learned Single Judge has allowed the writ petition and quashed the impugned final list in the writ petition and directed the respondents-State to call for the death certificate of the husband of respondent No.1 and thereafter consider the same and pass appropriate orders. We do not see any illegality in the order of the learned Single Judge. - 7 - NC: 2025:KHC:8931-DB WA No. 256 of 2024 4. The appeal, being without merit, is dismissed. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (T.M.NADAF) JUDGE PA List No.: 1 Sl No.: 19