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2025 DAILYLAW 80876 (KAR)

MRS LAVANYA K P v. THE STATE OF KARNATAKA

WP/18322/2021 · 2025-11-07

Ashok S Kinagi

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45239 WP No. 18322 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 18322 OF 2021 (S-RES) BETWEEN: MRS. LAVANYA K P W/O MR ARUN KUMAR AGED ABOUT 25 YEARS R/AT CHAGATAHALLI VILLAGE AND WARD HONNAKERE HOBLI NAGAMANGALA HOBLI NAGAMANGALA TALUK MANDYA DISTRICT-571432 …PETITIONER (BY SRI. MADHURI V GAIKWAD, ADV.) AND: 1. THE STATE OF KARNATAKA REP BY THE SECRETARY DEPARTMENT OF WOMEN AND CHILDREN DEVELOPMENT AUTHORITY M S BUILDING BANGALORE 560001 Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45239 WP No. 18322 of 2021 2. ZILLA PANCHAYATH MANDYA DEPARTMENT OF WOMEN AND CHILDREN DEVELOPMENT NAGAMANGALA MANDYA 571432 REP BY SECRETARY CHILD DEVELOPMENT PROJECT OFFICER 3. MANJULA W/O RAVINDRA AGED 33 YEARS CHAGATAHALLI AND WARD HONNKERE HOBLI NAGAMANGALA TALUK MANDYA DIST 571432 …RESPONDENTS (BY SRI. B.J.ESWARAPPA, AGA FOR R1, R2 AND R3 ARE SERVED) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TOQUASH THE ENDORSEMENT DTD.07.08.2021 AT ANNEXURE-M ISSUED BY THE R-2 AND THE FINAL LIST OF THE CANDIDATES DTD.19.7.2021 AT ANENXURE-H ISSUED BY R-2 AN DIRECT THE R-1 AND 2 TO CONSIDER THE APPLICATION OF THE PETITIONER AT ANENXURE-B AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:45239 WP No. 18322 of 2021 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner has filed this writ petition seeking for the following reliefs: "a) Issue an order or direction or writ in the nature of certiorari or any other writ, quashing the endorsement dated 07.08.2021 Shi.Yo.Na: Endorsement: 2021-22/78 at Annexure-M issued by respondent No.2 and the final list of the candidates dated 19.07.2021 bearing No.Shi.Yo.Na:Am.Ka.Ka.Ta.Selection:2021-22/6 at Annexure-H issued by respondent No.2 and direct the respondent Nos.1 and 2 to consider the application of the petitioner at Annexure-B and b) Grant such other reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity." 2. Brief facts leading rise to the filing of this writ petition are as follows: Respondent Nos.1 and 2 issued a notification dated 01.03.2021 calling upon the applications for the post of Anganwadi workers in Chagatahalli (Mini), Manahalli - 4 - HC-KAR NC: 2025:KHC:45239 WP No. 18322 of 2021 Anganwadi, Nagamangala Taluk, Mandya District through online. Pursuant to the said notification, the petitioner has applied for the said post on 08.03.2021. The final list of the candidates were announced by respondent Nos.1 and 2 on 19.07.2021, wherein the name of the petitioner was not included. However, the name of respondent No.3 was included, who had secured lesser marks than the petitioner. The petitioner submitted a representation to respondent No.2 on 22.07.2021 stating that the petitioner had filed an application and she had higher marks i.e. 453 out of 625 in SSLC and more than respondent No.3 who had got 288 out of 625 marks in SSLC. Similar representations were made by the petitioner to respondent No.1 and also to the Deputy Commissioner. Respondent No.2 issued an endorsement dated 07.08.2021, vide Annexure-M stating that the Resident Certificate submitted by the petitioner was not within one year and it is mentioned the above 1 year of the resident. The - 5 - HC-KAR NC: 2025:KHC:45239 WP No. 18322 of 2021 petitioner, aggrieved by the said endorsement, filed this writ petition to quash the endorsement vide Annexure-M. 3. Heard the learned counsel for the petitioner and also the learned Additional Government Advocate for respondent No.1. 4. Learned counsel for the petitioner submits that the Assistant Tahsildar, Revenue Department has issued a residential certificate on 21.03.2020 and respondent Nos.1 and 2 issued a notification calling upon applications for the post of Anganwadi workers on 01.03.2021. She submitted that as of the date of issuing the notification dated 01.03.2021, the Residential Certificate which was issued by the Assistant Tahsidlar, was valid as it was within one year. She submits that respondent Nos.1 and 2 without considering that the Residential Certificate produced by the petitioner vide Annexure-C which was valid as of the date of issuing the notification dated 01.03.2021. Respondent Nos.1 and 2 committed an error in not - 6 - HC-KAR NC: 2025:KHC:45239 WP No. 18322 of 2021 selecting the petitioner as she had scored 453 out of 625 in SSLC, wherein respondent No.3 has scored 288 out of 625. The petitioner is eligible for the post of Anganwadi workers on merits. Respondent Nos.1 and 2 colluding with respondent No.3 deleted the name of the petitioner from the final list. She submits that the impugned endorsement issued by respondent No.2 is contrary to Annexure C. Hence, on these grounds, she prays to allow the writ petition. 5. Per contra, learned Additional Government Advocate supported the impugned endorsement contending that the Residential Certificate submitted by the petitioner was not valid as the notification for appointment was issued beyond one year from the issuance of Annexure-C. Thus, Annexure-C was not valid as of the notification dated 01.03.2021. He submits that the petitioner is not eligible for the post of Anganwadi - 7 - HC-KAR NC: 2025:KHC:45239 WP No. 18322 of 2021 workers. Hence, on these grounds, he prays to dismiss the writ petition. 6. Notice was issued to respondent Nos.2 and 3. Despite service of notice, respondent Nos.2 and 3 remained unrepresented. 7. Perused the records and considered the submissions of the learned counsel for the parties. 8. It is undisputed fact that respondent Nos.1 and 2 issued a notification on 01.03.2021 inviting the applications for the post of Anganwadi workers. Pursuant to the notification dated 01.03.2021, the petitioner has submitted an online application on 08.03.2021 along with the Residential Certificate, issued on 21.03.2020. As of the date of submitting an application by the petitioner, the Residential Certificate issued by the Assistant Tahsildar was valid, within one year. Admittedly, the petitioner has scored 453 marks out of 625 in SSLC, wherein respondent - 8 - HC-KAR NC: 2025:KHC:45239 WP No. 18322 of 2021 No.3 has scored 288 out of 625. Even considering the matter on the merits, the petitioner has scored more than respondent No.3 in SSLC. Respondent Nos.1 and 2 have not selected the petitioner only on the ground that the Residential Certificate submitted by the petitioner along with an application was more than one year old for the last date prescribed for online application. At the cost of repetition, the petitioner has produced Annexure-C i.e. the Residential Certificate issued on 21.03.2020 and respondent Nos.1 and 2 issued a notification inviting applications on 01.03.2021 and the petitioner has submitted online application on 08.03.2021. The Residential Certificate was valid as of the date of notification as well as of the date of submitting the online application for the post of Anganwadi workers. The said aspect was not properly considered by respondent Nos.1 and 2 and committed an error in issuing an endorsement vide Annexure-M dated 07.08.2021. The endorsement - 9 - HC-KAR NC: 2025:KHC:45239 WP No. 18322 of 2021 issued by the respondent No.2 is arbitrary, erroneous and contrary to the records. Hence, is liable to be set aside. 9. In view of the above discussion, I proceed to pass the following: ORDER i. The writ petition allowed. ii. The impugned endorsement dated 07.08.2021 issued by respondent No.2 vide Annexure-M is set aside. iii. Respondent Nos.1 and 2 are directed to reconsider the petitioner for selection of Anganwadi worker and pass an appropriate order in accordance with law within 8 weeks from the date of receipt of copy of this order. iv. Pending applications, if any, stand disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB