- 1 - HC-KAR NC: 2025:KHC-D:16023 WP No. 105002 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 105002 OF 2023 (S-RES) BETWEEN: SMT. KAVITA D/O. RANGAPPA PUJAR AGE: 20 YEARS, OCC: HOUSEHOLD, R/O. KYADIGUPPA, TQ: KUSTAGI, DIST. KOPPAL, PIN. 583278. …PETITIONER (BY SRI. HEMANTHKUMAR L HAVARAGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT. PIN 560001. 2. DEPUTY COMMISSIONER KOPPAL DISTRICT KOPPAL PIN 583231 REPRESENTED BY ITS CHAIRMAN CHILD DEVELOPMENT AND PROJECT OF ANGANAVADI WORKERS, KOPPAL. 3. THE DEPUTY DIRECTOR WOMEN AND CHILD DEVELOPMENT Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16023 WP No. 105002 of 2023 WELFARE DEPARTMENT KOPPAL, DIST. KOPPAL PIN 583231. 4. THE SECRETARY/ DEVELOPMENT OFFICER, CHILD DEVELOPMENT PROJECT OFFICER ANGNAVADI WORKERS SELECTION, COMMITTEE, KUSTAGI TQ: KUSTAGI, DIST: KOPPAL. PIN 583231. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: A) A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED RESOLUTION BEARING NO. NIL DATED. 13/06/2023, PASSED BY THE RESPONDENT NO.2 VIDE ANNEXURE-J AND ENDORSEMENT BEARING NO. SHIAYOKU/AMKAAKA/NEMAKATI/2023-24/179 DATED. 19/06/2023, VIDE ANNEXURE-K ISSUED BY THE RESPONDENT NO.4 IN THE INTEREST OF JUSTICE AND EQUITY. B) A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO. 1 TO 5 TO APPOINT THE PETITIONER FOR THE POST OF ANGANAVADI WORKER OF KYADIGUPPA NAGANAVADI CENTRE NO.2, ON MERIT AS RANK NO.3, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - HC-KAR NC: 2025:KHC-D:16023 WP No. 105002 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking the following reliefs: “A) A writ in the nature of certiorari to quash the impugned resolution bearing No. Nil dated 13/06/2023, passed by the respondent No.2 Vide Annexure-J and endorsement bearing No. Shiayoku/amkaaka/nemakati/2023-24/179 dated. 19/06/2023, vide Annexure-K issued by the Respondent No.4 in the interest of justice and equity. B) A writ in the nature of mandamus directing the respondent No. 1 to 5 to appoint the petitioner for the post of Anganavadi Worker of Kyadiguppa Anganavadi Centre No.2, on merit as rank No.3, in the interest of justice and equity. C) Issue any other writ or direction, which this Hon’ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity.” 2. The petitioner and two others participated in a selection process pursuant to a recruitment notification issued by the State government on 08.11.2021 for the post of Anganwadi Worker in Kushtagi village. 3. The petitioner is before this Court on a peculiar circumstance. The candidate, who was offered appointment, who - 4 - HC-KAR NC: 2025:KHC-D:16023 WP No. 105002 of 2023 stood first in the select list has now resigned. Therefore, the post has fallen vacant. 4. The learned counsel for the petitioner submits that the petitioner is third in the ranking list. The one that is at the second position – respondent No.4, suffered a disability of 76% and therefore, she was ineligible to be considered even for appointment. Hence, the petitioner should be appointed to the said post. 5. The learned HCGP submits that insofar as the second rank candidate is concerned, who is a physically disabled employee had initially submitted a certificate of 76% disability. Therefore, she was ineligible. Subsequently the medical officer after examining issues a certificate stating disability only to the tune of 50%. Therefore, it is for the State to now consider whether the lady – respondent No.4 at the second rank is in fact disabled to the tune of 76% or 50% and offer the appointment in accordance with law. If the appointment of the lady at the second rank cannot be offered for any reason of it being contrary to law, the same would be offered to the petitioner who stands third in the list, if all other criteria is met, as the Anganwadi - 5 - HC-KAR NC: 2025:KHC-D:16023 WP No. 105002 of 2023 Kendra cannot be without an Anganwadi Worker which is now lying vacant for the last two years. 6. In that light, action be taken by the State within an outer limit of four weeks from the date of receipt of the copy of the order in terms of the observations made in the course of the order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE Rsh / CT:ANB List No.: 1 Sl No.: 6