- 1 - NC: 2025:KHC-D:1541-DB WA No. 100131 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JANUARY 2025 PRESENT THE HON'BLE MR. JUSTICE B.M. SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR WRIT APPEAL NO. 100131 OF 2024 (S-RES) BETWEEN: VIJAYASHREE D/O. KRISHNA SHETTY, AGE: MAJOR, OCC: ANGANAWADI WORKER, R/O: KAREKONA VILLAGE, TQ: HONNAVAR, DISTRICT: UTTAR KANNADA-591349 …APPELLANT (BY SRI. J.S. SHETTY, ADVOCATE) AND: 1. MANGALA W/O YOGESHBANDARI, AGE: 44 YEARS, OCC: ANGANAWADI HELPER/HOUSEHOLD, R/O: KANAKKI MELINKERI VILLAGE, TQ: HONNAVAR, DISTRICT: UTTARA KANNADA-591349 2. THE STATE OF KARNATAKA DEPARTMENT AND WOMEN WELFARE, M.S BUILDING. DR, AMBEDKAR VIDHI BENGALURU-560001 Digitally signed by SHAKAMBARI Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:1541-DB WA No. 100131 of 2024 3. THE DIRECTOR DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT. UTTARA KANNADA, KARWAR-581301. 4. THE DEPUTY DIRECTOR, DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, UTTAR KANNADA, KARWAR-581301. 5. THE CHILD DEVELOPMENT PLANNING OFFICER, (SHISHU ABHIVRUDHI YOJANADHIKARIGALU) HONNAVAR, TQ: HONNAVAR, DISTRICT: UTTAR KANNADA-581334. 6. DISTRICT COMMISSIONER AND THE CHAIRMAN OF ANGANAWADI SELECTION COMMITTEE, DISTRICT: UTTARA KANNADA, KARWAR-581301. …RESPONDENTS (BY SRI. PRASHANT MATHAPATI SRI.G.K HIREGOUDAR, PRINCIPAL G.A. FOR R2 TO R6) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 14/3/2024 PASSED BY LEARNED SINGLE JUDGE BY ALLOWING THIS WRIT APPEAL WITH THE COST THROUGHOUT IN THE ENDS OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR - 3 - NC: 2025:KHC-D:1541-DB WA No. 100131 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M. SHYAM PRASAD) The appellant in this intra Court appeal is the sixth respondent in WP No.107080/2023, which is disposed of by the Writ Court on 14.03.2024. The first respondent has filed this writ petition calling in question the following. [a] The Endorsement dated 15.02.2023 [Annexure - D] which is issued by the Child Development Planning Officer, Honnavar taluk [the fifth respondent] informing the first respondent that she cannot be posted as an Anganwadi Worker and she will have to continue as an Anganwadi Helper, [b] The Endorsement dated 27.02.2023 [Annexure - H] which is again issued by the fifth respondent reiterating that the first respondent cannot be appointed as an Anganwadi Worker because she has not studied mathematics and social science in her 10th standard, - 4 - NC: 2025:KHC-D:1541-DB WA No. 100131 of 2024 [d] The order dated 18.11.2023 [Annexure - Q] which is issued by the Deputy Director, Department of Women and Child Development, Uttar Kannada, [the forth respondent] transferring the appellant, who was working as Anganwadi Worker at Ballegadde Anganwadi Centre to Kerekona Anganwadi Centre. 2. The writ Court has interfered with the Child Development Planning Officer’s Endorsement dated 15.02.2023 and 27.02.2023 observing essentially that the question: whether the petitioner could be appointed as an Anganwadi Worker will have to be considered in view of the Clarification dated 11.01.2024 issued by the Director, Department of Women and Child Development, (Uttara Kannada) and that according to this Clarification, the person, who seeks to be posted as an Anganwadi worker, should have studied Kannada, English, Economics, Social Studies and Home Science in S.S.L.C. The appellant is not aggrieved by this part of the Writ Court’s order, and the appellant is aggrieved by the interference with the fourth - 5 - NC: 2025:KHC-D:1541-DB WA No. 100131 of 2024 respondent’s order 18.11.2023 [Annexure - Q] transferring her to Kerekona Anganwadi Centre. 3. The Writ Court has interfered with the transfer order 18.11.2023 [Annexure - Q] only on the ground that if the transfer is altered, there would be no vacancy to accommodate the first respondent if it is found that she is entitled to be posted as an Anganwadi Worker. This Court has granted interim order on 23.04.2024, and because of such interim order, the appellant continues to work as Anganwadi worker in the Kerekona Anganwadi Centre. On 11.09.2024, this Court has directed the fifth respondent [the Child Development Planning Officer] to consider the first respondent’s case for promotion and post her to a place other than the place occupied by the appellant. 4. This appeal is listed for orders on applications which are respectively for early hearing and vacating the interim order. However, in the circumstances stated above, Sri J.S. Shetty, the learned counsel for the - 6 - NC: 2025:KHC-D:1541-DB WA No. 100131 of 2024 appellant, and Sri Prashanth Mathapati, the learned counsel for the first respondent, and Sri G.K. Hiregoudar, the learned Principal Government Advocate for the other respondents, are heard for final disposal of the petition. This Court must observe that the first respondent’s posting will depend on the decision on whether she is entitled to be promoted as an Anganwadi Worker and unless there is such decision, it should not be open to her to say that a certain post or place must be kept vacant for her. This would be especially so because the appellant has been transferred for medical reasons and because her spouse is living in a closer place and because the appellant is admittedly at Kerekona Anganwadi Centre as an onetime measure. 5. This Court must opine that if it is ultimately found by the fifth respondent that if indeed the first respondent is entitled to be posted as an Anganwadi Worker on promotion that must be only as against a vacant post. It is now stated, subject to verification by the - 7 - NC: 2025:KHC-D:1541-DB WA No. 100131 of 2024 learned Principal Government Advocate, that the post of Anganwadi worker at Ballegadde Anganwadi Centre, a position occupied by the appellant prior to her transfer, is still open. This Court, in the light of the circumstances and the opinion as aforesaid, is of the considered opinion that the appellant must succeed as against the Writ Court’s order quashing the third respondent order dated 18.11.2023 [Annexure - Q] transferring her to Kerekona Anganwadi Centre. 6. Further, this Court must direct the fourth respondent to communicate the decision on the first respondent’s request for promotion and place her in a vacant place within eight [8] weeks. This Court must also observe that if the position of an Anganwadi Worker at Ballegadde is vacant, to post her at such place, and if the place at Ballegadde Anganwadi is not open, to any other place which may be vacant and in the immediate proximity of her current place at Kanakki Anganwadi Centre. Hence the following:- - 8 - NC: 2025:KHC-D:1541-DB WA No. 100131 of 2024 ORDER [A] The writ appeal is allowed in part and the Writ Court’s order dated 14.03.2024 in W.P. No.107080/2023 is set aside insofar as third respondent’s order dated 18.11.2023 [Annexure - Q] directing the forth respondent to consider the first respondent’s case for posting as an Anganwadi worker in the light of her qualification either at Ballegadde Anganwadi Centre or any place closure to Kanakki Anganwadi Center. [B] The first respondent is reserved with liberty to file a certified copy of this order with the fourth respondent within six [6] weeks, and the fourth respondent is directed to communicate the decision in terms of this Court’s direction within the next eight [8] weeks. - 9 - NC: 2025:KHC-D:1541-DB WA No. 100131 of 2024 [C] Consequently, the pending applications stand disposed of. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE VMB/CT-VG LIST NO.: 1 SL NO.: 24