- 1 - HC-KAR NC: 2025:KHC-D:14684-DB WA No. 100527 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. WRIT APPEAL NO. 100527 OF 2023 (S-RES) BETWEEN: SMT. SHARADA, W/O YAMANOORAPPA, AGE. 33 YEARS, OCC. HOUSEWIFE, R/O NO.300, WARD NO.2, SOULE CAMP-1, POST. HOSAKERA, TQ. GANGAVATHI, DIST. KOPPAL 583268. …APPELLANT (BY SRI. A.M. MALIPATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, WOMAN AND CHILD DEVELOPMENT DEPARTMENT, M.S. BUILDING, BENGALURU 01. 2. DEPUTY COMMISSIONER, DISTRICT ADMINISTRATIVE BUILDING, HOSAPETE ROAD, KOPPAL 583231. 3. DEPUTY DIRECTOR OF WOMEN AND CHILD DEVELOPMENT, KOPPAL OFFICE DISTRICT ADMINISTRATIVE BUILDING, 1ST FLOOR, HOSAPETE ROAD, KOPPAL 583231. Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.13 11:17:37 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14684-DB WA No. 100527 of 2023 4. ASSISTANT COMMISSIONER, DISTRICT ADMINISTRATIVE BUILDING, HOSAPETE ROAD, KOPPAL 583231. 5. THE CHILD DEVELOPMENT PROJECT OFFICER, WOMAN AND CHILD DEVELOPMENT DEPARTMENT, GANGAVATHI, DIST. KOPPAL 583227. 6. THE TAHASHILDAR, GANGAVATHI, DIST. KOPPAL 583227. 7. THE DEPUTY TAHASHILDAR, MARALI, TQ. GANGAVATHI, DIST. KOPPAL 583268. 8. THE REVENUE INSPECTOR, MARALI, TQ. GANGAVATHI, DIST. KOPPAL 583268. 9. MAHADEVI, W/O BHIRAPPA EDURUMANI AGE. 33 YEARS, OCC. HOUSEWIFE, R/O HOSAKERA CAMP, TQ. GANGAVATHI, DIST. KOPPAL 583231. …RESPONDENTS (BY SRI. G.K. HIREGOUDAR, PRL. GOVT. ADVOCATE FOR R1-R8 SRI. PRASHANT HOSMANI, ADVOCATE FOR R9) THIS WRIT APPEAL IS FILED UNDER SEC.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 16-06-2023 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.100965/2022 BY GRANTING THE RELIEFS SOUGHT BY THE APPELLANT IN THE WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC-D:14684-DB WA No. 100527 of 2023 THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) The unsuccessful petitioner is before this Court in this appeal filed under Section 4 of the Karnataka High Court Act, 1961, questioning the order of the learned Single Judge, dated 16.06.2023, passed in W.P. No.100965/2022 whereby the petitioner’s challenge to selection and appointment of respondent No.9 as Anganawadi Worker to Soule Camp-1 is rejected. 2. Heard Sri. A.M.Malipatil, learned counsel for the petitioner/appellant, Sri. G.K.Hiregoudar, learned Prl. Government Advocate for respondents No.1 to 8 and Sri. Prashanth Hosmani, learned counsel for respondent No.9. Perused the entire writ appeal papers. 3. The petitioner/appellant approached the learned Single Judge questioning selection and appointment of respondent No.9 as Anganawadi Worker to Soule Camp-1 solely - 4 - HC-KAR NC: 2025:KHC-D:14684-DB WA No. 100527 of 2023 on the ground that respondent No.9 is not a resident of Soule Camp-1. It is contended that respondent No.9 is a resident of Hosakera and therefore, the respondents could not have considered the case of respondent No.9 for selection and appointment as Anganawadi worker to Soule Camp-1 Anganawadi Centre. The learned Single Judge, while rejecting the contention of the petitioner, observed that the Tahasildar and the Assistant Commissioner, after verification of the documents and reports from the concerned authorities, found that the domicile certificate issued to respondent No.9 was genuine and correct, and as respondent No.9 fulfilled all other eligible criteria and was more meritorious than the petitioner, rejected the writ petition against which the petitioner is before this Court in this appeal. 4. Learned counsel for the petitioner/appellant would contend that the learned Single Judge failed to appreciate the fact that respondent No.9 is not a resident of Soule Camp-1 and further, he submits that, in pursuance of Annexure-P, dated 13.10.2020, residential certificate of respondent No.9 was cancelled and as such, selection and appointment of respondent - 5 - HC-KAR NC: 2025:KHC-D:14684-DB WA No. 100527 of 2023 No.9 is contrary to the selection Rules. Therefore, learned counsel prays for allowing the writ appeal. 5. Per contra, learned Principal Government Advocate, as well as learned counsel, Sri. Prashant S.Hosmani, for respondents would submit that the residential certificate of the selected candidate–respondent No.9 is not cancelled and it is still in force as on this date. They would refer to subsequent correspondence and submit that the residential certificate of respondent No.9 is valid and as such her appointment is in accordance with law. Learned Principal Government Advocate would refer to Annexure-R, dated 19.03.2021, issued subsequent to Annexure-P, and submit that the Assistant Commissioner has directed the issuance of a fresh residential certificate to respondent No.9 and as such, it can be said that there is no cancellation of residential certificate issued to respondent No.9. 6. On hearing the learned counsel for the parties and on perusal of the entire writ appeal papers, we are of the considered opinion that a fresh look into the issuance of residential certificate of respondent No.9 is required, and as such, we direct a fresh enquiry with regard to residence of respondent No.9 as - 6 - HC-KAR NC: 2025:KHC-D:14684-DB WA No. 100527 of 2023 well as the residential certificate issued in her favour on 23.07.2019 (Anneuxre-C), while continuing the status quo with regard to appointment of respondent No.9 till such enquiry is completed. 7. The guidelines issued in respect of appointment of Anganawadi Workers and Anganawadi Assistants indicates that only local candidates could be appointed as Anganawadi Workers or Anganawadi Assistants. The interested candidates shall produce a residential certificate issued by the Tahasildar for consideration of their case for appointment as Anganawadi Workers/Anganawadi Assistants. In the instant case, applications are invited to fill up the post of Anganawadi Worker to Soule Camp-1 of revenue village Hosakera. Soule Camp-1 falls within Hosakera Village. Therefore, a candidate of Hosakera Village would be entitled to apply for the post of Anganawadi Worker/Anganawadi Assistant of the Anganawadi Centre at Soule Camp-1 (Hosakera). Respondent No.9 has placed on record the residential certificate issued in her favour on 23.07.2019 by the Tahasildar, Gangavathi Taluk, Koppal District. However, Annexure-P dated 13.10.2020 of Tahasildar would indicate that - 7 - HC-KAR NC: 2025:KHC-D:14684-DB WA No. 100527 of 2023 the said residential certificate stands cancelled. The subsequent proceedings of the Assistant Commissioner at Annexure-R dated 19.03.2021 directs a fresh enquiry with regard to residential certificate of respondent No.9 and to take action for issuance of a residential certificate afresh. The letter, dated 25.01.2022 (Annexure-W) of Tahasildar, Gangavathi, addressed to Assistant Commissioner, Koppal, indicates that the residential certificate produced by respondent No.9 is genuine one. In the light of the above, as there are different opinions by the authorities, we deem it appropriate to direct the authorities as follows: The respondent No.4-Assistant Commissioner is directed to conduct fresh enquiry with regard to residential certificate, dated 23.07.2019, issued in favour of respondent No.9-Mahadevi, wife of Bhirappa Edurumani. If the Assistant Commissioner finds that respondent No.9 is a resident of Hosakera Village, the residential certificate issued in favour of respondent No.9 shall be confirmed, and if the Assistant Commissioner finds that respondent No.9 is - 8 - HC-KAR NC: 2025:KHC-D:14684-DB WA No. 100527 of 2023 not a resident of Hosakera Village, action shall be taken to cancel the residential certificate. Respondent No.9 shall be continued as Anganawadi Worker till the enquiry is complete and her further continuation would depend on the outcome of the enquiry regarding residential certificate. With the above direction, the writ appeal stands disposed of. Pending interlocutory applications, if any, stand disposed of as not surviving for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE KMS, CT:VP LIST NO.: 1 SL NO.: 21