SMT. ANNAPURNA W/O SANGAPPA HADAPAD v. THE STATE OF KARNATAKA
WP/101828/2025 · 2025-10-31
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 65435 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65435 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:14763 WP No. 101828 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 101828 OF 2025 (S-RES) BETWEEN:
SMT. ANNAPURNA W/O. SANGAPPA HADAPAD, AGED: 31 YEARS, OCC: HOUSEHOLD WORK, R/O: TALLIHAL, TALUK: RON, DIST: GADAG, PIN – 582 209. …PETITIONER
(BY SRI. K. H. BAGI, & SMT. CHITRA M. M., ADVOCATES)
AND:
1. THE STATE OF KARNATAKA, R/BY THE PRINCIPAL SECRETARY, DEPARTMENT OF CHILD AND WOMEN DEVELOPMENT, VIDHANA SOUDHA, BENGALURU PIN 560 001. 2. THE DEPUTY COMMISSIONER, ANGANAWADI WORKERS SELECTION COMMITTEE, GADAG, DIST: GADAG, PIN 581 117. 3. THE DEPUTY DIRECTOR, DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, GADAG, DIST: GADAG, PIN - 581 117. 4. THE CHILD DEVELOPMENT OFFICE RON, TQ: RON, DIST: GADAG, PIN 581 117. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad
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5. SMT. NIRMALA W/O. SHARANAPPA MADALAGIRI, AGE: 25 YEARS, OCC: SELECTED AS A ANGANWADI ASSISTANT, R/O: TALLIHAL, TALUK: RON, DIST: GADAG, PIN – 582 209. …RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, 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 WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED FINAL SELECTION LIST BEARING NO.SAM/ UNIGA/ MAMAAE/ AM KAAKA/ AMSA/ AAPA/2024-25
DATED 04.03.2025 ISSUED BY THE RESPONDENTS NO. 3 AND 4 AUTHORITY VIDE ANNEXURE-K IN RESPECT OF TALLIHAL VILLAGE INSOFAR AS PETITIONER IS CONCERNED IN THE INTEREST OF JUSTICE. ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS AUTHORITY TO CONSIDER THE OBJECTION SUBMITTED BY THE PETITIONER DATED 07.03.2025 WHILE ISSUING THE ORDER OF APPOINTMENT TO THE ELIGIBLE PERSON (RESPONDENT NO.5) THE COPY OF THE OBJECTION VIDE ANNEXURE-L, L1,AND L2 IN THE INTEREST OF JUSTICE AND EQUITY. ISSUE A WRIT IN THE MANDAMUS DIRECTING THE RESPONDENT NO.
2 TO 4 AUTHORITY TO ISSUE AN ORDER OF APPOINT IN FAVOUR OF THE PETITIONER FOR THE POST OF ANGANWADI ASSISTANT WORKER PERTAINING TO TALLIHAL VILLAGE OF RON TALUKA, IN THE INTERST OF JUSTICE AND EQUITY AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC-D:14763 WP No. 101828 of 2025
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court seeking the following prayer: A. Issue writ in the nature of certiorari quashing the impugned final selection list bearing no. SAM/ UNIGA/ MAMAAE/ AMKAAKA/AMSA/AAPA/2024-25 dated 04.03.2025 issued by the Respondents No. 3 and 4 authority vide Annexure-K in respect of Tallihal Village insofar as petitioner is concerned in the interest of justice. B. Issue Writ in the nature of mandamus directing the Respondents authority to consider the objection submitted by the petitioner dated 07.03.2025 while issuing the order of appointment to the eligible person (Respondent no.5) the copy of the objection vide Annexure-L, L1,and L2 in the interest of justice and equity. C. Issue a writ in the mandamus directing the respondent no. 2 to 4 authority to issue an order of appoint in favour of the petitioner for the post of Anganwadi assistant worker pertaining to Tallihal Village of Ron Taluka, in the interest of justice and equity. D. Any other and further orders as deemed fit by this honorable court, in the interest of justice and equity. 2. The petitioner and the fifth respondent were both participants in a selection process instituted for the purpose of Anganwadi Assistant. The petitioner claims to be more
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meritorious than the selected candidate.
The reason for non-selection of the petitioner appears to be that the petitioner had not uploaded all the documents on the website as was necessary and therefore, the fifth respondent had been preferred. The petitioner had filed objections and the objections had gone unheeded. The fifth respondent today is served and remains unrepresented. The learned counsel for the petitioner submits that arising out of the very same notification a Coordinate Bench of this Court in Writ Petition No.102437 of 2025 has passed the following order:
2. “The respondent state had issued a notification for filling up the post of Anganwadi workers/ assistant/ helper of the respective districts. The said applications were required to be uploaded through the portal set up by the respondents. When several of the applicants sought to try to upload the applications, there were some technical glitches in the system and many of the applicants could not upload the entire documents completely, some of them could not verify the said application by way of e-signatures. 3. Faced with the above situation, the respondent- State provided one more opportunity to the applicants to upload all the documents. The petitioner having uploaded most of the documents, the said application of the petitioner having been accepted, it was later found that her name was not found in the provisional list and on enquiry, she came to know that it is on account of non- production of or non-uploading of the SSLC marks card. As such, the petitioner submitted her objections to the provisional list by enclosing a copy
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of the SSLC mask card. Now, the said objections though are yet to be considered, the petitioner is before this court challenging the provisional list. 4.
The counsel for the petitioner would submit that if the SSLC mask card of the petitioner were not to be considered, then it would amount to rejection of the application of the petitioner and it is in that background that the provisional list has been challenged. 5. Learned AGA would submit that it is required of any applicant to have uploaded all the relevant documents in terms of the notification. The petitioner not having uploaded the SSLC marks card, the software system, which has been implemented, does not permit any additional document to be uploaded, and in that background, the application of the petitioner has not been considered favourably. 6. Sri.Shubhendu A.Akalwadi, learned counsel for respondent No.7, who is one of the selected candidates, whose name is found in the provisional list, submit that on the earlier occasion when respondent No.7 had uploaded the documents, only thing which was remaining was for verification of the said document by way of the e-signature, which respondent No.7 has done subsequently in a proper manner and as such, the name of respondent No.7 is found in the provisional list. The petitioner who had not completed the application process properly ought not to be permitted to be considered after the provisional list has been announced. 7. Heard Sri. K.H.Bagi, learned counsel for the petitioner, Sri.P.N.Hatti, learned HCGP for respondents No.1 to 6 and Sri.Shubendu A.Akalwadi, learned counsel for respondent No.7. Perused papers. 8. The short question that would arise for
consideration is, when applications are invited for posts like that of Anganwadi workers/assistant/helper, could the
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HC-KAR NC: 2025:KHC-D:14763 WP No. 101828 of 2025
State resort to a technical interpretation, or would it have to be liberal in considering the applications filed?
9. Admittedly, the notification which has been issued is to fill up the post of Anganwadi workers/assistant/helper, who have little or no knowledge of computers and or the Information Systems. In such a background, it is required that the State have a leeway for applicants who are unable to upload the documents in a proper manner. This is also due to the reason that even the system set up by the State for uploading the applications itself suffered from technical glitches, an opportunity for rectification of uploading of documents was provided by the State. When the State has taken an opportunity to rectify its own Information System by providing one more opportunity to the applicants, I am of the considered opinion that non-uploading of SSLC Marks card cannot be held to be fatal to the application submitted by the petitioner. Of course, if the petitioner's SSLC Marks card were to be considered, it would only be considered on merits, and whoever satisfies the requirements of the notification would be selected. The consideration of the Marks card cannot be said to cause any harm or injury to any other applicant who has applied for the same post.
10. In that background, when the petitioner has submitted her objection to the provisional list by enclosing her Marks card, whose veracity is not in dispute, I am of the opinion that the said objections would have to be considered before the issuance of a final list. As such, I pass the following:
ORDER i. The writ petition stands disposed. ii. The reliefs sought for are moulded. A mandamus is issued to respondents No.2, 3 and 6 to consider the objections submitted
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by the petitioner along with the SSLC Marks card submitted before issuing the final list.”
3. In the light of the order so passed by the Co-ordinate Bench, which is applicable on all its fours to the present issue as well, I deem it appropriate to dispose the petition with the same direction, as is done by the Co-ordinate Bench.
Sd/- (M.NAGAPRASANNA) JUDGE
VNP/CT-ASC List No.: 1 Sl No.: 6