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2025 DAILYLAW 8794 (KAR)

PRIYANKA RANI v. THE STATE OF KARNATAKA AND ORS

WP/200095/2022 · 2025-06-27

M I Arun

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-K:3462 WP No. 200095 of 2022 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.200095 OF 2022 (S-RES) BETWEEN: PRIYANKA RANI W/O SHANKAR PAWAR, AGE: 23 YEARS, OCC: HOUSEHOLD & EDUCATED UNEMPLOYED, R/O BADDUNAYAK TANDA, NALWAR REVENUE CIRCLE, TQ. CHITTAPUR, DIST. KALABUAGI-585 218. …PETITIONER (BY SRI. K. M. GHATE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY IT'S SECRETARY, WOMEN'S AND CHILD WELFARE DEPT., M.S. BUILDING, BENGALURU-560 001. 2. THE DIRECTOR OF WOMEN AND CHILD DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, VIDHANA VEEDHI, BENGALURU-560 001. 3. THE DEPUTY DIRECTOR OF WOMEN AND CHILD DEVELOPMENT DEPARTMENT (ANGANAWADI WORKER/ANGANAWADI Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3462 WP No. 200095 of 2022 HELPER SELECTION COMMITTEE), SECRETARY, OPP: CHANDRASHEKHAR PATIL STADIUM, KALABURAGI-585 102. 4. THE CHILD DEVELOPMENT PROJECT OFFICER, WOMEN AND CHILD DEVELOPMENT DEPARTMENT, SHAHABAD, DIST. KALABURAGI-585 228. 5. VIJAYALAXMI W/O TIMMANNA, AGED ABOUT 35 YEARS, OCC: ANGANAWADI HELPER, SERVING AT KANCHAGARAHALLI ANGANAWADI CENTRE-I, GURMATHKAL TALUKA, DIST. YADGIRI-585 214. …RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, AGA FOR R1 TO R4; SRI. LIYAQAT FAREED USTAD, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ALLOW THE WRIT PETITION AND THEREBY PLEASED TO ISSUE: A) ISSUE WRIT OF CERTIORARI/ORDER/DIRECTION, QUASHING THE ORDER PASSED BY 2ND RESPONDENT IN FILE NO.rqÀ§Æèöå¹/L¹r/JJ£ïf-01/35/2021-22/2548(2) ¢£ÁAPÀ 09.12.2021 VIDE ANNEXURE-E TO THE WRIT PETITION. B) ISSUE WRIT OF MANDAMUS/DIRECTION, DIRECTING THE RESPONDENT NO.3 AND 4 TO COMPLETE THE PROCESS OF SELECTION/APPOINTMENT OF ANGANAWADI WORKER/HELPER AS PER NOTIFICATION DATED 30.06.2021 VIDE ANNEXURE-B TO THE WRIT PETITION, IN RESPECT OF BADDUNAYAK TANDA ANAGANAWADI CENTRE, NALWAR REVENUE CIRCLE, TALUKA CHITTAPUR, DIST. KALABURAGI AND ETC. THIS PETITION COMING ON FOR FURTHER HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-K:3462 WP No. 200095 of 2022 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) By a notification dated 30.06.2021, applications were invited for the post of Anganawadi worker/ Anganawadi helper in various places including Baddunayak Tanda. The petitioner applied for the post of Anganawadi worker. It is submitted that 64 applications have been received for one post of Anganawadi worker in Baddunayak Tanda. 2. In the meanwhile, respondent No.5, who was already working as an Anganawadi worker at Kanchagarahalli Anganawadi Centre, requested for transfer to Baddunayak Tanda. By an order dated 09.12.2021 (Annexure-E to the writ petition), she was transferred as an Anganawadi worker to Baddunayak Tanda, because of which, the applications of the petitioner and 63 other applicants, who wanted to be appointed as Anganawadi worker in Baddunayak Tanda were not - 4 - HC-KAR NC: 2025:KHC-K:3462 WP No. 200095 of 2022 processed. Aggrieved by the same, the present writ petition is filed with a prayer to set aside the transfer granted to respondent No.5 and also for a mandamus to consider the pending applications and recruit an Anganawadi worker for Baddunayak Tanda. 3. The learned Additional Government Advocate appearing for respondent Nos.1 to 4 and learned counsel for respondent No.5 together submit that the petitioner herself has produced the proceedings of the State dated 18.08.2018 (Annexure-H to the writ petition), which is the policy adopted by the State to fill up the vacancies of Anganawadi workers and according to the said policy, it is submitted that the petitioner is not entitled to the reliefs prayed under the given facts and circumstances of the case. Petitioner also relies upon the same policy. 4. As per the policy at Annexure-H to the writ petition, the State while filling up the post of a vacant Anganawadi worker, has to first give preference to an - 5 - HC-KAR NC: 2025:KHC-K:3462 WP No. 200095 of 2022 Anganawadi helper working in the same place and thereafter, give the next preference to any Anganawadi worker, who is working in a different place wants transfer to the said place on the ground that she has to reside in the place where she is seeking transfer and in the absence of the aforementioned two instances, applications have to be invited to recruit a new Anganawadi worker and the process has to be completed within a period of two months. 5. 5. In the instant case, as there was no Anganawadi helper, who requested to be posted as an Anganawadi worker and also there was no request by any Anganawadi worker to be transferred to Baddunayak Tanda as on that date, the State issued a notification dated 30.06.2021 to fill up the vacancy. There were around 64 applications received for the said one post. Unfortunately, there was a delay in completing the recruitment. In the meanwhile, the State received a request by respondent No.5 for being transferred to - 6 - HC-KAR NC: 2025:KHC-K:3462 WP No. 200095 of 2022 Baddunayak Tanda as an Anganawadi worker. She fulfilled all the other criteria. As the process of selection had not yet been completed, taking into consideration the preference that had to be given as per the policy of the State, respondent No.5 was transferred to Baddunayak Tanda as an Anganawadi worker. 6. As no right had accrued yet in favour of the petitioner herein and though there was a delay in the recruitment process, respondent No.5 has been transferred as an Anganawadi worker to Baddunayak Tanda, I do not see any error in the order passed by the State. 7. For the aforementioned reasons, the writ petition is hereby dismissed. Sd/- (M.I.ARUN) JUDGE LG List No.: 1 Sl No.: 30