- 1 - HC-KAR NC: 2025:KHC:39726 WP No. 27511 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 27511 OF 2025 (S-RES) BETWEEN: SMT. KAVYA A D/O LATE ASHWATH AGE ABOUT 30 YEARS W/O ABBISHAK R/AT DR. B R AMBEDKAR COLONY MUGURU HOBLI BANNAHALLI HUNDI VILLAGE T.NARASIPURA TALUK BENNAHALLI MYSORE 571124. …PETITIONER (BY SRI. B N ANJAN KUMAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY SECRETARY DEPARTMENT OF WOMEN AND CHILDREN WELFARE VIKASA SOUDHA BENGALURU 2. THE DEPUTY COMMISSIONER MYSORE DISTRICT MYSURU 570001 Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39726 WP No. 27511 of 2025 3. DISTRICT ANGANAWADI WORKERS SELECTION COMMISSIONER T.NARASIPURA TALUK, MYSURU DISTRICT MUSURU 571124 4. ADDITIONAL DIRECTOR WOMEN AND CHILD DEVELOPMENT OFFICE T. NARASIPURA TALUK MYSURU DISTRICT MYSURU 571124 5. THE DEPUTY THASILDHAR NADAKACHERI MUGURU T. NARASIPURA TALUK MUSURU 571124 6. OFFICE OF THE TAHASILDAR T. NARASIPURA TALUK T.NARASIPURA MYSURU 571124 7. OFFICE OF THE ASSISTANT COMMISSIONER MYSURU SUB DIVISION MYSURU 570001 …RESPONDENTS (BY SMT. B.P.RADHA., AGA) THIS W.P. IS FILED PRAYING TO SET ASIDE THE ORDER OF THE R7 IN CR.03/2025-26 DTD. 26.05.2025 AS PER ANNX- A TO THIS PETITION, BY ALLOWING THIS PETITION AND GRANT SUCH OTHER RELIEFS DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE, INCLUDING COSTS IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:39726 WP No. 27511 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this writ petition seeking for quashing the impugned order dated 26.05.2025 vide Annexure-A passed by respondent No.7 and the impugned order dated 26.08.2025 vide Annexure-V passed by respondent No.4. 2. Brief facts leading rise to the filing of this writ petition are as follows: Respondent No.1 issued a notification inviting an application for the post of Anganawadi workers and conducted the examination for the post of Anganawadi workers, wherein the petitioner appeared for the said examination and secured second highest marks and got selected for the said post. Thereafter, one Smt.Nagaveni filed an application before respondent No.5 to cancel the residence certificate of the petitioner issued by the respondent No.5 alleging that she has submitted a false - 4 - HC-KAR NC: 2025:KHC:39726 WP No. 27511 of 2025 document of the said residence certificate and secured the job. Respondent No.6 issued a show cause notice to the petitioner and the petitioner replied to the said show cause notice. Respondent No.6 without providing an opportunity of hearing and enquiry passed, cancelled the residence certificate vide Annexure A. Respond No.4 based on the Annexure-A, terminated the petitioner from the service vide Annexure-V. Hence, this writ petition. 3. The respondents despite granting sufficient opportunity, did not filed the statement of objections. 4. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondents. 5. Learned counsel for the petitioner submits that respondent No.5 before issuing the residence certificate, has conducted an enquiry and thereafter, issued a - 5 - HC-KAR NC: 2025:KHC:39726 WP No. 27511 of 2025 residence certificate. Based on the residence certificate issued by respondent No. 5, the petitioner applied for the post of Anganawadi workers. The petitioner was selected for the post of Anganawadi workders. After selection, one Smt. Nagaveni filed an application before respondent No.5 to cancel the residence certificate issued to the petitioner. Respondents No.6 issued a show cause notice. Respondent No.7 without hearing the petitioner nor issuing the notice had cancelled the residence certificate. The order passed by the respondent No.7 is in violation of principles of natural justice. He submit that based on Annexure A, respondent No.4 has terminated the petitioner from the service as per Annexure-V. Hence, on these grounds, he prays to allow the writ petition. 6. Per contra, the learned Additional Government Advocate submit that the petitioner has submitted a fake documents and obtained a job. Immediately, on the complaint of Smt. Nagaveni, the respondents issued a - 6 - HC-KAR NC: 2025:KHC:39726 WP No. 27511 of 2025 show cause notices to the petitioner. The petitioner replied to the show cause notices. The respondents were not convinced with the reasons assigned by the petitioner in the reply notice. Respondent No.7 has rightly passed an order for cancellation of residence certificate vide Annexure-A. Hence, on these grounds, she prays to dismiss the writ petition. 7. Perused the records and considered the submissions of the learned counsel for the parties. 8. The petitioner applied for the post of Anganawadi workers and she has appeared for the examination and passed through the examination and she was selected as Anganawadi worker. In the meanwhile, one Smt. Nagaveni filed a representation for cancellation of residence certificate on the ground that the petitioner is not the resident of Bannahalli Hundi village and she is residing somewhere along with her husband in her - 7 - HC-KAR NC: 2025:KHC:39726 WP No. 27511 of 2025 husband's village. On the basis of the complaint submitted by Nagaveni, respondent Nos. 4 and 5 issued a show cause notices calling upon the petitioner why the residence certificate issued to her should not cancel. The petitioner replied to the show cause notices. Respondent No.7 without holding any proper enquiry, cancelled the residence certificate issued to the petitioner. When a specific query was put to the learned Additional Government Advocate whether before passing the order of cancellation of residence certificate, respondent No.7 has conducted any enquiry for which the Additional Government Advocate submit that no enquiry was conducted before passing an order of cancellation of residence certificate. The order of cancellation of residence certificate is in violation of principles of natural justice. Respondent No.4 based on the cancellation of residence certificate, passed an order terminating the petitioner from the service as per Annexure-V i.e., during the pendency of this writ petition. As observed above, the order passed by - 8 - HC-KAR NC: 2025:KHC:39726 WP No. 27511 of 2025 respondent No.7 is in violation of principles of natural justice. Hence, on these grounds, alone the impugned order vide Annexure-A is liable to be set aside. 9. In view of the above discussion, I proceed to pass the following: ORDER i. The writ petition is allowed. ii. The impugned order dated 26.05.2025 vide Annexure-A passed by respondent No.7 and the impugned order dated 26.08.2025 vide Annexure-V passed by respondent No.4 are set aside. iii. Respondent No.7 is at liberty to initiate a fresh action against the petitioner after affording the opportunity of personal hearing and pass appropriate order within 3 months from the date of receipt of copy of this order. - 9 - HC-KAR NC: 2025:KHC:39726 WP No. 27511 of 2025 iv. The petitioner is directed to appear before respondent No.7 on 27.10.2025. v. All the contentions of the parties are kept open. Sd/- (ASHOK S.KINAGI) JUDGE SSB