- 1 - HC-KAR NC: 2025:KHC-D:16232 WP No. 101103 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 101103 OF 2025 (S-RES) BETWEEN: VIDYASHRI D/O. MAHABALESHWAR KEREKYATANALLI, W/O. YELLAPPA DODDAMASTI, AGE: 24 YEARS, OCC: HOUSEHOLD, R/O: AJAGUNDIKOPPA, MUDURU VILLAGE, TQ. HANGAL, DIST. HAVERI 3 581 110. &PETITIONER (BY SRI. RAKESH BILKI, ADVOCATE FOR SRI. VIDYASHANKAR G. DALWAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF WOMAN AND CHILD WELFARE, GATE NO. 3, 1ST FLOOR, M.S.BUILDING, DR. B.R.AMBEDKAR VEEDHI, VIAKSASOUDHA, BENGALURU 3 560 001, REP. BY ITS PRINCIPAL SECRETARY. 2. THE DEPARTMENT OF WOMAN AND CHILD, DEVELOPMENT AND CHIEF SECRETARY, MEMBER OF SELECTION COMMITTEEE, HAVERI 3 581 110, REPT. BY ITS DEPUTY DIRECTOR. 3. THE DEPARTMENT OF CHILD DEVELOPMENT, PLANNING OFFICER AND CHIEF SECRETARY, SELECTION COMMITTEE, HANGAL, DIST. HAVERI 3 581 110. 4. THE DEPUTY COMMISSIONER, HAVERI 3 581 110. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16232 WP No. 101103 of 2025 5. THE THASILDAR HANGAL, DIST. HAVERI 3 581 110. 6. THE DEPUTY THASILDAR, HANGAL HOBALLI, HANGAL TALUK, DIST. HAVERI 3 581 110. &RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH IMPUGNED PROVISIONAL LIST IN BEARING NO.²CAiÉÆúÁ/CA¸À/CAvÀ¥ÀnÖ/ 2024-25/293 DATED 30/01/2025 ISSUED BY THE RESPONDENT NO.2 AND 3 VIDE ANNEXURE-G, AND CONSEQUENTLY, ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 AND 3 TO PERMIT THE PETITIONER TO PRODUCE THE RESIDENTIAL CERTIFICATE FOR CONSIDERING HER APPLICATION FOR THE APPOINTMENT TO THE POST OF THE ANGANWADI HELPER PURSUANT TO THE NOTIFICATION DATED 05/01/2024 BEARING SANKYA/UNIHA/MAMAAE/2023-24 ISSUED BY THE RESPONDENT NO.2 WITH RESPECT TO AJGUNDIKOPPA ANGANWADI CENTRE OF MUDUR VILLAGE, HANGAL TALUK, HAVERI DISTRICT VIDE ANNEXURE-A1 AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16232 WP No. 101103 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking for the following prayer: i) Issue a Writ in the nature of Certiorari to quash impugned provisional list in bearing no.²CAiÉÆúÁ/CA¸À/CAvÀ¥ÀnÖ/2024-25/293 dated 30/01/2025 issued by the Respondent No.2 and 3 vide Annexure-G, and ii) Consequently, issue Writ of Mandamus directing the Respondent No.2 and 3 to permit the petitioner to produce the residential certificate for considering her application for the appointment to the post of the Anganwadi Helper pursuant to the notification dated 05/01/2024 bearing Sankya/Uniha/MaMaAE/2023-24 issued by the Respondent no.2 with respect to Ajgundikoppa Anganwadi Centre of Mudur Village, Hangal Taluk, Haveri District vide Annexure-A1 . iii) Pass such other orders as deemed fit in the facts and circumstances of the case in the interest and equity. 2. The State Government issues a notification seeking appointment for the post of anganwadi workers in Ajgundikoppa- 1, Anganwadi Centre, Mudur Village of Hangal taluk, Haveri district. The petitioner while uploading the documents is said to have ignored a residence certificate, which is imperative for the purpose of consideration of the selection of the petitioner for the post of anganwadi worker. The candidature of the petitioner is turned down on the score that the documents so submitted by - 4 - HC-KAR NC: 2025:KHC-D:16232 WP No. 101103 of 2025 the petitioner was erroneous, erroneous in the sense would be that it was not complete, that the residence certificate was not available. The petitioner after coming to know that the residence certificate was not placed, the petitioner then files objections contending that the residence certificate is available to the petitioner, which is taken long before the issuance of the notification itself. Notwithstanding the same, the name of the petitioner does not figure in the final select list and in that light the petitioner had approached this Court in the subject petition. 3. Learned HCGP would on instructions submit that the petitioner has not uploaded all the documents particularly the residence certificate. Therefore, the petitioner cannot be offered employment. 4. Learned counsel for the petitioner submits the residence certificate was secured by the petitioner long before the notification itself and the petitioner is more meritorious. 5. Learned HCGP on instructions would again submit that the petitioner has secured 79% in the qualifying examination, while the 2nd candidate, is 75% in the qualifying examination. Therefore, the petitioner is admittedly meritorious than the other candidate and would submit that since she has - 5 - HC-KAR NC: 2025:KHC-D:16232 WP No. 101103 of 2025 not uploaded the residence certificate no employment can be offered. The submission of the learned HCGP is noted only to be rejected for the reason that the residence certificate which is secured long before the filing of the application, ought to have been taken note of by the Committee. 6. In the light of the appointment not been made over to any selected candidate, the Selection Committee shall now look into all the documents that is necessary for offering an employment of anganwadi worker to the eligible candidate. Since the petitioner is more meritorious and stands first in the said selection, the merit cannot be ignored on curable defect that of non-production of particular document. In that light, I deem it appropriate to dispose the subject petition with a direction to the Selection Committee to consider all the documents and interview the petitioner along with the others and take the issue to its logical conclusion in terms of the guidelines owing to the merit of the petitioner. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC List No.: 1 Sl No.: 190