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2025 DAILYLAW 61481 (KAR)

BASAVVA D/O SHRISHAILAPPA GOUDAR v. THE DEPUTY COMMISSIONER

WP/102718/2025 · 2025-07-30

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:9400 WP No. 102718 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.102718 OF 2025 (S-RES) BETWEEN: BASAVVA D/O. SHRISHAILAPPA GOUDAR, AGE: 30 YEARS, OCC: HOUSEWIFE, R/O: YALAVATTI, TALUK: LAKSHMESHWAR, DIST: GADAG – 582 103. …PETITIONER (BY SRI. M. S.HALLIKERI & SHASHWATH S. HIREMATH, ADVOCATES) AND: 1. THE DEPUTY COMMISSIONER, GADAG DISTRICT, GADAG – 582 103. 2. ANGANVADI WORKER AND ANGANWADI ASSISTANT SELECTION COMMITTEE, LAKSHMESHWAR, GADAG, R/BY ITS SECRETARY – 582 103. 3. THE DEPUTY DIRECTOR, WOMEN AND CHILD DEVELOPMENT DEPARTMENT, GADAG – 582 103. 4. CHILD DEVELOPMENT PROJECT OFFICER, WOMEN AND CHILD DEVELOPMENT DEPARTMENT, SHIRAHATTI/LAKSHMESHWAR – 582 103. 5. SMT. NINGAVVA W/O. SUBHASH BASAPUR, AGE: MAJOR, OCC: HOUSE WIFE, R/O: YALAVATTI, TQ: LAKSHMESHWAR, DIST: GADAG – 582 103. …RESPONDENTS (BY SRI. P.N.HATTI, HCGP FOR R1 TO R4; R5 – SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER, OR DIRECTION IN THE NATURE OF CERTIORARI BY QUASHING FINAL SELECTION LIST BEARING NO.UNiGa/ MaMaAE/AMKaaKA/AmSa/APa/2024-25 DATED 04/03/2025 ISSUED BY THE RESPONDENT NO. 3 AND 4 VIDE ANNEXURE-G, INSOFAR AS SELECTION OF RESPONDENT NO.5 , IN THE INTEREST OF JUSTICE AND EQUITY AND ISSUE WRIT, ORDER, OR DIRECTION IN THE NATURE OF V N BADIGER Digitally signed by V N BADIGER Date: 2025.08.01 14:55:38 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9400 WP No. 102718 of 2025 MANDAMUS BY DIRECTING THE RESPONDENTS TO SELECT AND APPOINT THE PETITIONER AS ANGANVADI ASSISTANT TO ANGANAVADI CENTER NO. 223 AT YALAVATTI VILLAGE, TALUK. LAKSHMESHWAR, DIST. GADAG IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR HEARING - INTERLOCUTORY APPLN THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking the following reliefs: 1. Issue a writ, order, or direction in the nature of certiorari by quashing final selection list bearing no. UNiGA/ MaMaAE / AMKaaKa/ AmSa/APa/2024-25 dated 04/03/2025 issued by the respondent no. 3 and 4 vide Annexure-G, insofar as selection of respondent no.5 , in the interest of justice and equity. 2. Issue writ, order, or direction in the nature of mandamus by directing the respondents to select and appoint the petitioner as anganvadi assistant to anganavadi center no. 223 at Yalavatti village, Taluk Lakshmeshwar, Dist Gadag in the interest of justice and equity. 3. Pass such other order or orders that are deemed fit under the facts and circumstances of the case, in the interest of justice and equity. 2. The third respondent had issued a notification dated 17.08.2024, inviting applications to fill Anganwadi Assistant at Anganwadi Centre No.223 at Yalavatti village, Lakshmeshwar Taluk. - 3 - HC-KAR NC: 2025:KHC-D:9400 WP No. 102718 of 2025 3. In response, the petitioner submitted her online application, furnishing all necessary particulars including her SSLC registration number, marks obtained, and other required details. The application acknowledgement is produced at Annexure-B, and the SSLC marks card at Annexure-C. The information contained in the marks card matches the entries made in the online application. 4. On publication of the provisional selection list, the petitioner’s name was found to be absent. On inquiry, she was informed that her candidature had not been considered as her SSLC certificate had not been uploaded along with the online application. Immediately thereafter, the petitioner submitted her objections, enclosing the SSLC certificate and requested that her candidature be reconsidered. However, the same was not taken into account, and the final selection list was published without including her name. 5. Although the petitioner may have initially failed to upload the SSLC certificate, she subsequently brought this omission to the attention of the respondents before the publication of the final selection list. Furthermore, the - 4 - HC-KAR NC: 2025:KHC-D:9400 WP No. 102718 of 2025 certificate was made available to the respondents prior to the conclusion of the selection process. 6. The petitioner had submitted the relevant certificate, albeit belatedly, her academic details were consistent with those provided in the online application; the respondents ought to have considered her representation before finalising the selection list. The failure of the respondents to do so amounts to a denial of a fair opportunity to the petitioner. Accordingly, I Pass the following: ORDER i) The writ petition is allowed. ii) A writ of certiorari is issued, quashing the final selection list dated 4.03.2025, bearing No. UNiGA/ MamaAE / AMAKaaKa/ AmSa/APa/2024-25 dated 04/03/2025, issued by respondent No.3 and 4 to the extent it pertains to Anganwadi Center No. 223, Yalavatti Village, Lakshmeshwar Taluk. iii) The matter is remitted to the respondents authorities for fresh consideration and the - 5 - HC-KAR NC: 2025:KHC-D:9400 WP No. 102718 of 2025 respondents are directed to take into account the SSLC certificate submitted by the petitioner, verify its authenticity, and thereafter re-evaluate her candidature. iv) The selection process shall be re-done from the stage of publication of the provisional list, and a fresh final selection list shall be issued in accordance with law. v) This order shall apply only with respect to the selection process concerning Anganwadi Center No. 223, Yalavatti Village, Lakshmeshwar Taluk. SD/- (SURAJ GOVINDARAJ) JUDGE VB/CT-ASC List No.: 1 Sl No.: 34