- 1 - HC-KAR NC: 2025:KHC-D:16498 WP No. 106088 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106088 OF 2024 (S-RES) BETWEEN: SMT. JYOTI CK W/O. DURAGAPPA G. AGE. 30 YEARS, OCC. NIL, R/O MARURU VILLAGE, TAL. KOTTUR, DIST. VIJAYANAGAR-583134. …PETITIONER (BY SRI. M. S. HARAVI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER VIJAYANAGAR, DIST. VIJAYANAGAR-583201. 2. THE DEPUTY DIRECTOR OF WOMAN AND CHILD DEVELOPMENT DEPARTMENT, VIJAYANAGAR DISTRICT, VIJAYANAGAR-583201. 3. THE CHILD DEVELOPMENT PLANNING OFFICER WOMEN AND CHILD DEVELOPMENT, DEPARTMENT KUDLIGI-583135 TALUK. KUDLIGI, DIST. VIJAYANAGAR. 4. SMT. M. DURAGAMMA W/O. LATE M. MANJAPPA AGE. 36 YEARS, OCC. ANGANAWADI, WORKER, MARURU ANGANAWADI CENTRE, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16498 WP No. 106088 of 2024 MARURU, TAL. KOTTUR, DIST. VIJAYANAGAR-588134. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP TO R1 TO R3; SRI. RAVI HEGDE AND VINAYKUMARE BHAT, ADV. FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: 1. ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE ORDER BEARING NO. VUNIVI/MAMAAAE/ AAM.SA/MU/AAM.KAA.KA/AAYKE/2024- 25/215 DATED 19-07-2024 ISSUED BY THE 3RD RESPONDENT AS PER ANNEXURE-H. 2. ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO, 1 AND 3 TO CALL FOR THE APPLICATION TO FILL UP THE POST OF ANGANAWADI WORKER TO THE MARURU ANGANAWADI CENTER IN KOTTUR TALUK OF VIJAYANAGAR DISTRICT BY WAY OF DIRECT SELECTION BY CONSIDERING THE REPRESENTATION SUBMITTED BY THE VILLAGERS VIDE ANNEXURE-J DATED 10-09-2024. 3. PASS ANY APPROPRIATE ORDER OR DIRECTION AS DEEMS FIT BY THIS HONBLE COURT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE B ALLOWING THIS WRIT PETITION WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16498 WP No. 106088 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court calling in question the order dated 19.07.2024, by which the 3rd respondent has been promoted from the post of Anganawadi Helper to Anganawadi Worker on account of a vacancy created due to the retirement of the incumbent—respondent No.4. 2. Heard Sri M.S. Haravi, learned counsel for the petitioner; Smt. Girija S. Hiremath, learned HCGP for respondent Nos.1 to 3; and Sri Ravi Hegde and Sri Vinaykumar Bhat, learned counsel for respondent No.4. 3. A notification came to be issued calling for applications from eligible persons for appointment as Anganawadi Worker in the Maruru Anganawadi Centre, Kottur Taluk. Respondent No.4 was initially appointed as an Anganawadi Helper in the Kottur-D Anganawadi Centre. The post of Anganawadi Worker in the Maruru Anganawadi Centre became vacant on account of the retirement of the incumbent. 4. The petitioner is stated to have staked a claim seeking issuance of a fresh notification after the vacancy arose. - 4 - HC-KAR NC: 2025:KHC-D:16498 WP No. 106088 of 2024 The State did not issue such a notification. Instead, respondent No.4, who was working in the adjacent Anganawadi Centre, i.e., Kottur-D, and who was an Anganawadi Helper, was promoted as Anganawadi Worker and posted to the Maruru Anganawadi Centre. This action is called in question by the petitioner, who further seeks a direction for issuance of a fresh notification to fill the post of Anganawadi Worker. 5. Learned counsel for the petitioner reiterates the grounds urged in the petition and submits that the State ought to have notified the vacancy that had arisen due to retirement. 6. Learned HCGP defends the action, contending that in terms of the applicable guidelines, an Anganawadi Helper who has completed seven years of service is entitled to be considered for promotion to the post of Anganawadi Worker. Therefore, respondent No.4 has been rightly promoted and posted to the Maruru Anganawadi Centre. It is submitted that she is fully qualified to hold the post. 7. Learned counsel for respondent No.4 adopts the submissions of the learned HCGP and seeks dismissal of the petition. - 5 - HC-KAR NC: 2025:KHC-D:16498 WP No. 106088 of 2024 8. I have given my anxious consideration to the submissions made by the learned counsel for the parties and perused the records. 9. The facts narrated above are not in dispute. The issue lies in a narrow compass and requires a consideration of the guidelines. 10. Clause 12 of the guidelines reads thus: “«Ä¤ CAUÀ£ÀªÁr PÁAiÀÄðPÀvÉð/CAUÀ£ÀªÁr ¸ÀºÁAiÀÄQAiÀÄgÀ£ÀÄß PÁAiÀÄðPÀvÉðAiÀÄgÀ£ÁßV ¥ÀzÉÆãÀßwUÉ UÀÄgÀÄw¸ÀĪÀ «zsÁ£ÀzÀ PÀÄjvÀÄ:- CAUÀ£ÀªÁr PÁAiÀÄðPÀvÉð ºÀÄzÉÝUÀ½UÉ ¦.AiÀÄÄ.¹ GwÛÃtð ºÉÆA¢zÀ «Ä¤ CAUÀ£ÀªÁr PÁAiÀÄðPÀvÉðAiÀÄjUÉ ªÉÆzÀ® DzÀåvÉ ¤ÃqÀĪÀÅzÀÄ. CAUÀ£ÀªÁr ¸ÀºÁAiÀÄQAiÀÄgÀÄ 5 ªÀµÀð PÀ¤µÀÖ ¸ÉêÉ, GvÀÛªÀÄ ¸ÉêÁ zÁR¯É, »jAiÀÄ ªÀAiÉÆêÀiÁ£À ºÉÆA¢zÀ ¸ÀºÁAiÀÄQAiÀÄgÀ£À£ÀÄ ºÉaÑ£À «zÁåºÀðvÉ ºÁUÀÆ ªÀAiÀĹì£À C£ÀÄUÀÄtªÁV ¥ÀzÉÆãÀßwUÉ ¥ÀjUÀt¸ÀĪÀÅzÀÄ ºÁUÀÆ CzÉÃUÁæªÀÄ/£ÀUÀgÀ ¥ÀæzÉñÀzÀ°è ªÀÄÆgÀÄ Q.«ÄÃ. ªÁå¦ÛAiÀÄ°è ªÁ¸ÀªÁVgÀĪÀÅzÀÄ.” 11. The guidelines permit any Anganawadi Helper who has completed five years of service in any Anganawadi Centre to be promoted to the post of Anganawadi Worker. In view of this guideline, respondent No.4, who was working as an Anganawadi Helper in the Kottur-D Anganawadi Centre, was promoted and posted as Anganawadi Worker in the Maruru Anganawadi Centre upon the vacancy arising due to retirement. 12. The petitioner, who is also eligible to be considered for appointment as Anganawadi Worker or Helper, now seeks a - 6 - HC-KAR NC: 2025:KHC-D:16498 WP No. 106088 of 2024 mandamus directing the State to notify the post that fell vacant. If there had been no such provision or guideline permitting promotion, the petitioner may have had a right to seek such a notification. 13. In light of the promotion being strictly in accordance with the guidelines and respondent No.4 having been posted to the Maruru Anganawadi Centre, the petitioner, who is not even appointed, cannot claim a right to question the promotion or appointment of respondent No.4 on any ground whatsoever. 14. It is open to the petitioner to participate in any future notification that may be issued. With the aforesaid observation, and without interfering with the impugned order, the petition stands disposed of. 15. ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE AC CT:ANB List No.: 1 Sl No.: 13