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2025 DAILYLAW 60044 (KAR)

D PALAMMA D/O. S. MALLALYA v. THE STATE OF KARNATAKA

WP/80931/2013 · 2025-09-04

S R Krishna Kumar

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:11372 WP No. 80931 of 2013 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO. 80931 OF 2013 (S-RES) BETWEEN: SMT. D.PALAMMA D/O. S. MALLAIYA AGE: 20 YEARS, OCC: HOUSEHOLD WORK, R/O. NO.23, VALMIKI COLONY, HURALIHAL MYASARAHATTI VILLAGE, TQ: KUDALGI, DIST: BELLARY. …PETITIONER (BY SRI. A.S.PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, TO THE DEPARTMENT OF WOMEN AND CHILD WELFARE DEVELOPMENT, VIDHANA SOUDHA, BANGALORE. 2. THE DEPUTY COMMISSIONER BELLARY AND THE CHAIRMAN, FOR THE ANGANAWADI WORKERS /ASSISTANTS, SELECTION COMMITTEE, BELLARY. 3. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT AND THE CO-CHAIRMAN, FOR THE ANGANAWADI WORKERS/ASSISTANTS, SELECTION COMMITTEE, BELLARY. SAMREEN AYUB DESHNUR Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11372 WP No. 80931 of 2013 4. THE DEPUTY DIRECTOR DEPARTMENT OF WOMEN AND CHILD WELFARE, BELLARY, DIST: BELLARY. 5. THE CHILD DEVELOPMENT PROJECT OFFICER (CDPO) AND THE MEMBER SECRETARY, FOR THE ANGANAWADI WORKERS/ASSISTANTS, SELECTION COMMITTEE, KUDLAGI, TQ: KUDLAGI, BELLARY. 6. THE TAHASILDAR KUDLAGI TALUK, KUDALGI, DIST: BELLARY. 7. SMT. K OBAMMA W/O. ANJINIPPA AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O. HURIHAL MYASARAHATTI, TQ: KUDLAGI, DIST: BELLARY. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1 TO R6) (NOTICE TO R7 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 17/22-05-2013 PASSED BY THE RESPONDENT NO.4 IN NO. G¤§/ªÀĪÀÄCE/CAPÁPÀ/DAiÉÄÌ/2013-14/794 AS PER ANNEXURE-L AND DIRECT THE RESPONDENTS NO.2 TO 5 TO APPOINT THE PETITIONER TO THE POST OF ANGANAWADI WORKER IN RESPECT OF HURILIHAL MYASARAHATTI ANGANWADI CENTRE BY TAKING INTO CONSIDERATION OF THE COMMUNICATION MADE BY RESPONDENT NO.6 ON 03/04/2013 AS PER ANNEXURE-K AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:11372 WP No. 80931 of 2013 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR) 2. In this petition, the petitioner seeks the following relief: “i. Issue Writ of Certiorari or any other order or direction quashing the impugned Order dated 17/22-05-2013 passed by the Respondent No.4 in No. G¤§/ªÀĪÀÄCE/CAPÁPÀ/DAiÉÄÌ/2013-14/794 as per Annexure-L. ii. Issue Writ of Mandamus or any other order or direction, directing the Respodnents No.2 to 5 to appoint the Petitioner to the post of Anganawadi worker in respect of Hurilihal Myasarahatti Anganawadi Centre by taking into consideration of the Communication made by Respondent no.6 on 03-04-2013 as per Annexure-K. iii. Issue any other appropriate Writ or Order or Direction which deems fit to grant by this Hon’ble Court under the facts and circumstances of the case.” 3. A perusal of the material on record will indicate that pursuant to the Notification dated 28.07.2012 inviting applications from eligible candidates to the post of Anganawadi Workers in respect of Huralihal Mysarahatti Anganawadi Centre, both petitioner and respondent No.7 filed applications pursuant - 4 - HC-KAR NC: 2025:KHC-D:11372 WP No. 80931 of 2013 to which the name of the petitioner was shown in the provisional selection list, but, subsequently, deleted from the final selection list by which the respondent No.7 was appointed as an Anganawadi Worker, while the application of the petitioner for appointment as Anganawadi Worker was rejected on the ground of non-production of residential certification. In this context, it is pertinent to note that respondent No.6 issued a communication dated 11.12.2012 to respondent No.5 intimating him that the petitioner was not a resident of the Village and as such, she was not entitled to be appointed as an Anganawadi Worker. In pursuance of the same, respondents proceeded to issue the impugned order at Annexure-L dated 17.05.2013 appointing respondent No.7 as an Anganawadi Worker and consequently, rejecting the application filed by the petitioner who is before this Court by way of the present petition. 4. It is pertinent to note that since there is no interim order in the present petition, respondent No.7 has been working as Anganawadi Worker from 2013 onwards till today. So also, I do not find any illegality or infirmity in the impugned communication and the endorsement warranting interference by this Court in the present petition. - 5 - HC-KAR NC: 2025:KHC-D:11372 WP No. 80931 of 2013 Under these circumstances, I do not find any merit in the writ petition and the same is hereby dismissed. Sd/- (S.R. KRISHNA KUMAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 3