- 1 - HC-KAR NC: 2025:KHC-D:15867 WP No. 100180 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100180 OF 2025 (S-RES) BETWEEN: SMT. UMA D/O. DODDAPPA DASAR AGE. 37 YEARS, OCC. ANGANAWADI WORKER, R/O. SIDASHESI VILLAGE, POST. VANAGERA, TALUK. KUSHTAGI, DISTRICT. KOPPAL-583277. … PETITIONER (BY SRI. H. M. DHARIGOND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF WOMAN AND CHILD DEVELOPMENT, M.S. BUILDING, BENGALURU-560001. 2. THE COMMISSIONER WOMAN AND CHILD DEVELOPMENT WELFARE DEPARTMENT, BENGALURU-560001. 3. THE ADDITIONAL DEPUTY COMMISSIONER KOPPAL DISTRICT. KOPPAL-583231. 4. THE DEPUTY DIRECTOR WOMAN AND CHILD DEVELOPMENT, WELFARE DEPARTMENT, KOPPAL-583231. 5. THE SECRETARY, CHILD DEVELOPMENT PROJECT OFFICER, ANGANWADI WORKERS SELECTION COMMITTEE, KUSHTAGI, TALUK.KUSTHAGI, DISTRICT. KOPPAL-583277. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15867 WP No. 100180 of 2025 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 ENDORSEMENT DATED. 30-11-2024 ISSUED BY THE 5TH RESPONDENT UNDER NO. SHI.A.YO.KU/ HIMBAR/NI.KU/2024-25/686 VIDE ANNEXURE-R. B) A WRIT IN THE NATURE OF MANDAMUS DIRECT THE RESPONDENTS TO PERMIT THE PETITIONER FOR DISCHARGING HER DUTIES AS ANGANWADI WORKER AT MANNAKALAKERI ANGANAWADI CENTER OF KUSTHAGI TALUK BY ISSUING APPOINTMENT ORDER IN WRITING AS PER DIRECTION OF THIS HON BLE COURT PASSED IN WP NO. 79897/2013 DATED. 16-02-2024 VIDE ANNEXURE-E. C) A WRIT IN THE NATURE OF MANDAMUS DIRECT THE RESPONDENTS TO PAY THE SALARY TO THE PETITIONER FROM THE DATE OF JOINING I.E., 10-7-2024 BY CONSIDERING THE REPRESENTATION DATED. 15-10-2024 SUBMITTED BY THE PETITIONER VIDE ANNEXURE-K. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: “A] A writ in the nature of certiorari to quash the impugned endorsement dated. 30-11-2024 issued by the 5th respondent under No. SHI.A.YO.KU/ HIMBAR/ NI.KU/ 2024-25/ 686 vide ANNEXURE-R. B] A writ in the nature of mandamus and direct the respondents to permit the petitioner for discharging her duties as Anganwadi worker at Mannakalakeri anganawadi Center of Kusthagi Taluk by issuing appointment order in writing as per direction of this Hon’ble court passed in WP No. 79897/2013 dated. 16-02-2024 vide ANNEXURE-E. - 3 - HC-KAR NC: 2025:KHC-D:15867 WP No. 100180 of 2025 C] A writ in the nature of mandamus and direct the respondents to pay the salary to the petitioner from the date of joining i.e., 10-7-2024 by considering the representation dated. 15-10-2024 submitted by the petitioner vide ANNEXURE-K. D] To pass any such other order as deems fit under the facts of the case including the award of costs in the interest of justice and equity.” 2. Heard Shri H.M. Dharigond, learned counsel appearing for the petitioner; and Smt. Girija S.Hiremath, learned HCGP appearing for respondents – State. 3. The petitioner was appointed as an Anganwadi Worker pursuant to a Notification issued on 06.09.2012. The appointment of the petitioner comes to be challenged by a non-selected candidate in Writ Petition No.79897 of 2013, which comes to be disposed on 16.02.2024 by the Co-ordinate Bench by the following order: “2. The petitioner claims that she was a disabled candidate. Accepting her say that she was a disabled candidate by taking into consideration the disability certificate that she had produced, the name of the petitioner was notified in the provisional select list. 3. However, thereafter objections were raised by the residents contending that the post of Anganawadi Worker for Nidasheshi-4 Anganawadi Center was required to be reserved for Schedule Caste. As a result, spot inspection was conducted and it was thereafter found that the 3rd respondent was a resident of Ward No.4, whereas the petitioner was a resident of Ward No.1. The - 4 - HC-KAR NC: 2025:KHC-D:15867 WP No. 100180 of 2025 authorities accordingly proceeded to appoint the 3rd respondent. 4. Being agreed by this selection, the petitioner is before this court by way of this writ petition. 5. The Guidelines relating to appointment of Anganawadi Worker in respect of the physically disabled, is indicated in Annexure-A. The relevant guideline reads as follows: • “CAUÀ£ÀªÁr PÁAiÀÄðPÀvÉð ºÀÄzÉÝUÉ CAUÀ«PÀ®gÀÄ Cfð ¸À°è¹zÁUÀ EvÀgÀ E¯Áè ¹éÃPÀÈvÀ CfðUÀ¼À£ÀÄß ¥ÀjUÀt¹zÉ £ÉÃgÀªÁV CAUÀ«PÀ®gÀ£Éß DAiÉÄÌ ªÀiÁqÀvÀPÀÌzÀÄÝ. • CAUÀ«PÀ®gÀÄ ¥Àæ¸ÀÄÛvÀ vÁªÀÅ J°è ªÁ¸ÀªÁVgÀĪÀÅzÁV ªÁ¸À¸ÀܼÀ ¥ÀæªÀiÁt ¥ÀvÀæªÀ£ÀÄß ¸À°è¹gÀÄvÁÛgÉÆà D ¸ÀܼÀªÀ£Éß CªÀgÀ ªÁ¸À¸ÀܼÀªÉAzÀÄ ¥ÀjUÀt¸ÀvÀPÀÌzÀÄÝ." 6. A conjoint reading of these two Guidelines would indicate that the moment there is an application by the disabled, only the application of the disabled is to be considered and the other applicants are not required to be considered. It is also stipulated that the Residence Certificate produced by the disabled would have to be accepted. 7. Thus, in the light of the admitted fact that the petitioner was considered as a disabled person and that she had produced a Domicile Certificate, respondent Nos.1 & 2 had to necessarily appoint her and the other applications could not have even been considered. 8. However, in the instant case, a comparative evaluation has been made of the petitioner along with the 3rd respondent and the 3rd respondent is appointed on the ground that she was a resident of Ward No.4. This procedure is contrary to the Guidelines and therefore the appointment of the 3rd respondent cannot be sustained. It is accordingly quashed. - 5 - HC-KAR NC: 2025:KHC-D:15867 WP No. 100180 of 2025 9. The respondents are directed to appoint the petitioner in respect of Nidasheshi-4 Anganawadi Center within a period of two months from the date of receipt of copy of this order. 10. It is open for the respondents to accommodate the 3rd respondent in any other vacant Anganawadi Center in the area where the 3rd respondent resides, if there is a vacancy having regard to the fact that she has been working for the past eleven years.” (Emphasis supplied) 4. While disposing the matter, the Co-ordinate Bench observes that the petitioner had worked for 11 long years and also observed that it was open for the State to accommodate the petitioner in any other vacant Anganwadi Center in the area where the third respondent resides. Owing to the direction, it transpires that the petitioner was appointed pursuant to a resolution of the committee. The resolution reads as follows: "4. ªÀÄ»¼Á ªÀÄvÀÄÛ ªÀÄPÀ̼À PÀ¯Áåt E¯ÁSÉ : C¢üPÁjUÀ¼ÀÄ E¯ÁSÉAiÀÄ ¥ÀæUÀw ªÀgÀ¢ N¢ ºÉýzÀgÀÄ. ±ÁåqÀ®UÉÃj CAUÀ£ÀªÁr ¸ÀªÀĸÉå §UÉÎ ªÀiÁ£ÀågÀÄ «ªÀgÀuÉ ¥ÀqÉzÀgÀÄ. ¸ÀzÀj «µÀAiÀĪÀ£ÀÄß ¨Á®«PÁ¸À ¸À«ÄwAiÀÄ°è ªÀÄAr¹ CAwªÀÄ ¤zsÁðgÀ ªÀiÁqÀĪÀÅzÁV ¸À¨sÉUÉ C¢üPÁjUÀ¼ÀÄ w½¹zÀgÀÄ. JA.PÀ®PÉÃj CAUÀ£ÀªÁr PÁAiÀÄðPÀvÉð §UÉÎ K£ÀÄ PÀæªÀĪÀ»¹¢ÝÃgÁ JAzÀÄ ªÀiÁ£ÀågÀÄ PÉýzÁUÀ, JA.PÀ®PÉÃj CAUÀ£ÀªÁr PÁAiÀÄðPÀvÉð 06 wAUÀ½¤AzÀ DºÁgÀ ¥ÀÇgÉÊPÉ ¥ÀæPÀgÀtzÀ°è CªÀiÁ£ÀvÀÄÛUÉÆArzÁÝgÉ JAzÀÄ C¢üPÁjUÀ¼ÀÄ ¸À¨sÉUÉ w½¹zÀgÀÄ. ªÀÄÄAzÀĪÀgÉzÀÄ C¢üPÁjUÀ¼ÀÄ ªÀiÁvÀ£Ár E¯ÁSÉ «ZÁgÀuÉ ¥ÀæPÁgÀ ¸ÀzÀjAiÀĪÀjUÉ £ÉÆÃnÃ¸ï ¤ÃrzÀÄÝ, PÁuÉAiÀiÁzÀ PÁAiÀÄðPÀvÉðAiÀÄ §UÉÎ - 6 - HC-KAR NC: 2025:KHC-D:15867 WP No. 100180 of 2025 «ZÁj¸À¯ÁV ¸ÀzÀjAiÀĪÀjAzÀ £ÉÆÃnøïUÉ AiÀiÁªÀÅzÉà ¸ÀªÀÄ¥ÀðPÀ ªÀiÁ»wAiÀÄÄ PÁAiÀiÁð®AiÀÄPÉÌ ®¨sÀåªÁVgÀĪÀÅ¢®è JAzÀÄ w½¹zÀgÀÄ ºÁUÀÆ F PÀÄjvÀÄ FUÁUÀ¯Éà ªÉÄïÁ¢üPÁjUÀ½UÉ ¥ÀvÀæ ªÀåªÀºÁgÀ ªÀiÁqÀ¯ÁVzÉ JAzÀÄ ¸À¨sÉUÉ w½¹zÀgÀÄ. ªÀÄÄAzÀĪÀgÉzÀÄ ªÀiÁ£Àå ±Á¸ÀPÀgÀÄ ªÀiÁvÀ£Ár ¤qÀ±Éù UÁæªÀÄzÀ 4£Éà CAUÀ£ÀªÁrUÉ PÉÆÃlð wæð£ÀAvÉ CAUÀ«PÀ¯ÉUÉ £ÉêÀÄPÀªÁVzÀÄÝ, FVgÀĪÀ PÁAiÀÄðPÀvÉðAiÀÄ «µÀAiÀĪÀ£ÀÄß UÀA©üÃgÀªÁV ¥ÀjUÀt¹ CAUÀ£ÀªÁrAiÀÄ ¥sÀ¯Á£ÀĨsÀ«UÀ¼À »vÀzÀȶ֬ÄAzÀ ¸ÀzÀå CªÀiÁ£ÀwÛ¤AzÀ SÁ° EgÀĪÀ JA.PÀ®PÉÃj CAUÀ£ÀªÁr PÁAiÀÄðPÀvÉð ºÀÄzÉÝUÉ ¤qÀ±ÉùAiÀÄ°è PÁAiÀÄð¤ªÀð»¸ÀÄwÛgÀĪÀ 4£Éà CAUÀ£ÀªÁr PÉÃAzÀæzÀ PÁAiÀÄðPÀvÉðAiÀiÁzÀ ²æêÀÄw GªÀiÁ zÉÆqÀØ¥Àà zÁ¸ÀgÀ, EªÀgÀ£ÀÄß JA.PÀ®PÉÃj CAUÀ£ÀªÁr PÉÃAzÀæPÉÌ £ÉêÀÄPÀ ªÀiÁqÀ®Ä ªÀiÁ£ÀågÀÄ ¸À¨sÉAiÀÄ°è oÀgÁªÀÅ ¥Á¸ÀÄ ªÀiÁrzÀgÀÄ." 5. Pursuant to the resolution, it transpires that the petitioner reported to the Anganwadi Center to work as an Anganwadi worker at M.Kalakeri. Long thereafter, it transpires that the State directed the petitioner to produce a residence certificate of being a resident at M.Kalakeri, failing which the appointment of the petitioner would not be approved. The petitioner admittedly could not produce a certificate of residence of M.Kalakeri, as she is not a resident of the said area. Owing to the direction of this Court, recognizing that the petitioner had worked for 11 long years, it was left open to the State to accommodate her in a nearby Anganwadi Center. Having accommodated her, it was now not open to the State to contend that the petitioner shall be appointed only after the production of residence certificate. The order which observed that it was open - 7 - HC-KAR NC: 2025:KHC-D:15867 WP No. 100180 of 2025 for the State to accommodate the petitioner is not challenged by the State before the Division Bench. 6. The Learned HCGP would put up vehement opposition for any order to be passed as the direction now issued would run counter to law. The guidelines are clear that the appointment shall be only from the resident of that Anganwadi Center and not elsewhere. The submission of the Learned HCGP though would merit acceptance in the first blush. However, the situation in the case at hand is peculiar. Therefore, as a one-off problem that has emerged, the petition deserves to succeed. 7. The learned counsel for the petitioner undertakes to withdraw the contempt and the undertaking is placed on record. In that light, the petition deserves to succeed. For the aforesaid reasons, the following order: ORDER (i) The petition stands allowed. (ii) Mandamus issues to permit the petitioner to discharge her duties as Anganwadi worker at M.Kalakeri Center by issuing appropriate - 8 - HC-KAR NC: 2025:KHC-D:15867 WP No. 100180 of 2025 appointment orders, till the next direct recruitment would take place. (iii) The order shall be complied within next eight weeks from the date of receipt of copy of this order. Sd/- (M.NAGAPRASANNA) JUDGE VNP / CT: ANB List No.: 1 Sl No.: 17