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2025 DAILYLAW 52236 (KAR)

SMT MASTAVVA D/O SHANMUKAPPA MULLAGUND v. THE STATE OF KARNATAKA

WP/102381/2025 · 2025-04-22

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:6684 WP No. 102381 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 102381 OF 2025 (S-PRO) BETWEEN: SMT. MASTAVVA D/O SHANMUKAPPA MULLAGUND, AFTER MARRIAGE SMT. MASTAVVA W/O KANAKAPPA HARIJAN, AGE: 33 YEARS, OCC: ANGANWADI ASSISTANT, R/O: AGADI-VILLAGE, TQ: MUNDGUD, DIST: KARWAR-49. … PETITIONER (BY SRI. B.D. NARASAGOND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, WOMEN AND CHILD WELFARE DEVELOPMENT DEPARTMENT, M.S. BUILDING, BENGALURU-560 001, REPRESENTED BY ITS SECRETARY. 2. THE DEPUTY DIRECTOR, WOMEN AND CHILD WELFARE DEVELOPMENT DEPARTMENT, KARWAR-581 301. 3. CHILD DEVELOPMENT PROJECT OFFICER, BASAVAN BIDI, MUNDGOD-581 349. … RESPONDENTS (BY SMT.KIRTILATA R. PATIL, HCGP) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6684 WP No. 102381 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR HEARING- INTERLOCUTORY APPLICATION, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.B.D.Narasagonda., counsel for the petitioner and Smt.Kirtilata R.Patil., HCGP for the respondents have appeared in person. 2. The petitioner was appointed as an Anganawadi Assistant on 03.04.2021 based on 2017 notification. It is said that the petitioner is discharging her duties sincerely and honestly. As things stood thus, the third respondent issued a notification for the appointment of Anganawadi Teachers at Agadi – 1 vide notification dated 07.03.2025. The petitioner submitted the representation to promote her as Anganawadi Teacher. However, the third respondent issued an endorsement on 12.03.2025 stating that the petitioner is not eligible to be promoted as Anganawadi Teacher. Under these circumstances, the petitioner is before this Court. - 3 - NC: 2025:KHC-D:6684 WP No. 102381 of 2025 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. A short controversy is about the rejection of the petitioner’s request to appoint her as Anganawadi Teacher. The endorsement is furnished along with the Writ Petition and the same is marked as Annexure-H. A perusal of the same would reflect that the third respondent rejected the request of the petitioner placing reliance on 2022 notification. This is unsustainable in law. The reason is apparent. As already noted above, the petitioner was appointed under 2017 notification. Hence, the third respondent ought to have considered 2017 notification and not 2022 notification. Because, the petitioner was appointed under 2017 notification and 2017 regulations are applicable to the petitioner and her experience of three years would be sufficient to consider her case for being appointed as Anganawadi Teacher. Therefore, the third respondent is directed to consider the application of the petitioner and pass an appropriate order. It is made clear that the respondents shall not insist for the requirement of five years of experience as per the revised guidelines. - 4 - NC: 2025:KHC-D:6684 WP No. 102381 of 2025 5. Resultantly, the Writ Petition is disposed of. Because of the disposal of the Writ Petition, all pending interlocutory applications if any are disposed of and the interim order if any granted by this Court stands discharged. Sd/- (JYOTI MULIMANI) JUDGE MRP/RH LIST NO.: 1 SL NO.: 32