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2026 DAILYLAW 52437 (KAR)

SMT KASHAVVA W/O SANGAPPA KALLIMANI v. STATE OF KARNATAKA

WP/100802/2026 · 2026-02-05

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:1673 WP No. 100802 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 100802 OF 2026 (S-PRO) BETWEEN: SMT. KASHAVVA W/O. SANGAPPA KALLIMANI, AGE: 43 YEARS, OCC: ASSISTANT ANGANAWADI WORKER, R/O. SANGONDI VILLAGE, TALUK AND DIST: BAGALKOT-587102. …PETITIONER (BY SRI. ROHIT S.PATIL, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, BENGALURU-560001. 2. THE DIRECTOR DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, BENGALURU-560001. 3. THE DEPUTY DIRECTOR DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, BAGALKOT DISTRICT-587101. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.13 12:02:02 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1673 WP No. 100802 of 2026 4. THE CHILD DEVELOPMENT PROJECT OFFICER (CDPO), BAGALKOT TALUK, DISTRICT: BAGALKOT-587101. …RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED ENDORSEMENT DATED 16/11/2025 BEARING NO.SHIAYOBHA/ AUM/SA/MU/HIMABARAHA/ 2025-26/1258 PRODUCED AT ANNEXURE-L, ISSUED BY THE 4TH RESPONDENT, AND ALSO QUASH ALL CONSEQUENTIAL AND EARLIER ENDORSEMENTS/ COMMUNICATION DATED 19.09.2024 BEARING NO.SHIAYOBHA/ AUM/SA/MU/HIMABARAHA/2025-26/1288 ITS BY 4TH RESPONDENT PRODUCED AT ANNEXURE-E, IN SO FAR AS THEY RELATE TO AND RESULT IN NON-CONSIDERATION OF THE PETITIONER FOR PROMOTION/APPOINTMENT TO THE POST OF ANGANAWADI WORKER; ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE PETITIONER FOR PROMOTION/APPOINTMENT TO THE POST OF ANGANAWADI WORKER STRICTLY IN ACCORDANCE WITH THE APPLICABLE GOVERNMENT ORDERS AND GUIDELINES, WITHIN A TIME FRAME TO BE FIXED BY THIS HON’BLE COURT AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA - 3 - HC-KAR NC: 2026:KHC-D:1673 WP No. 100802 of 2026 ORAL ORDER Learned Additional Government Advocate accepts notice for respondents. 2. The petitioner has called in question the impugned endorsement dated 16.11.2025 issued by respondent No.4 (Annexure-L) and the earlier endorsement dated 19.09.2024 (Annexure–E), insofar as it relates to non consideration of the petitioner for promotion / appointment to the post of Anganawadi Worker. 3. Heard learned counsel for the petitioner and learned Additional Government Advocate for the respondents-State. Brief Facts: 4. The petitioner is presently working as an Assistant Anganawadi Worker at the Anganwadi Centre situated at Sangondi Village, Taluka and District Bagalkot, under the administrative control of the Department of - 4 - HC-KAR NC: 2026:KHC-D:1673 WP No. 100802 of 2026 Women and Child Development. The petitioner submitted a representation seeking consideration of her candidature for the promotion by appointment to the post of Anganwadi Worker, in light of the vacancy that arose, enclosing her qualification certificate, service particulars, residential certificate and other relevant documents in support of her eligibility. 5. By communication dated 19.09.2024, respondent No.4 required the petitioner to produce documents showing the distance from her place of residence. Pursuant thereto, the Assistant Executive Engineer, Public Works Department, Bagalkot by letter dated 27.09.2024, certified that the petitioner resides in a farmhouse situated in the agricultural land bearing Survey No.30 of Mugalolli Village and that the distance from her residence to Mugalolli Village is 2.74 Kms., (Annexure-F). The domicile certificate produced by the petitioner also discloses her residence at Sangondi Village. - 5 - HC-KAR NC: 2026:KHC-D:1673 WP No. 100802 of 2026 6. Notwithstanding the said material, respondent No.4, by the impugned endorsement, rejected the petitioner claim on the ground that she does not stratify the distance requirement under the Government guidelines. Aggrieved by which, the petitioner is before this Court. 7. Learned counsel for the petitioner submits that the impugned endorsement has been issued without proper examination of service records, documents produced and the applicable Government guidelines. It is submitted that even as per the endorsement issued by the Assistant Executive Engineer, the petitioner satisfies the distance requirement prescribed under the guidelines (Annexure-M) and therefore the rejection is arbitrary and unsustainable. 8. Per contra, learned Additional Government Advocate sought to justify the endorsement and submits that the same does not warrant any interference. 9. This Court has carefully considered the rival submissions and perused the material on record. - 6 - HC-KAR NC: 2026:KHC-D:1673 WP No. 100802 of 2026 10. Clause-8 of the Government Guidelines reads as under: “8. MAzÀÄ UÁæªÀÄzÀ°è MAzÀÄ CAUÀ£ÀªÁr PÉÃAzÀæ«zÁÝUÀ®Æ UÁæªÀÄ/ªÁqïð¤AzÀ ªÀiÁvÀæ CfðUÀ¼À£ÀÄß DºÁ餸ÀĪÀÅzÀÄ. MAzÀÄ ªÉÃ¼É D UÁæªÀÄ/ªÁqïðgÀªÀjAzÀ CfðUÀ¼ÀÄ ¹éÃPÀÈvÀªÁUÀzÉà EzÀݰè 7 ¢£ÀUÀ¼ÉƼÀUÉ ªÀÄgÀÄ¥ÀæPÀluÉ ºÉÆgÀr¸À¨ÉÃPÀÄ. JgÀqÀ£Éà ¨ÁjAiÀÄÆ ¸ÀܽÃAiÀÄjAzÀ CfðUÀ¼ÀÄ ¨ÁgÀ¢zÀÝ°è ¥ÀÅ£ÀB 10 ¢£ÀUÀ¼ÉƼÀUÁV ¥ÀæPÀluÉ ºÉÆgÀr¹ CvÀåAvÀ ¸À«ÄÃ¥ÀzÀ UÁæªÀÄ/ªÁqïðgÀªÀjAzÀ 3 Q.«ÄÃ. ªÁå¦ÛAiÉÆ¼ÀV£À UÁæªÀÄzÀªÀjAzÀ Cfð DºÁ餹 DAiÉÄÌ ¥ÀjUÀt¸ÀĪÀÅzÀÄ.” 11. The aforesaid guidelines provides where eligible candidates are not available within the village/ward, application from candidates within a radius of 3 kms., from Anganwadi centre may be considered. 12. In the present case, the endorsement issued by Assistant Executive Engineer (Annexure-F) clearly states that the distance from the petitioner’s residence to Mugalolli Village Anganawadi Centre-1 is 2.74 kms., which is within permissible limit prescribed under Clause-8 of the - 7 - HC-KAR NC: 2026:KHC-D:1673 WP No. 100802 of 2026 guidelines. The domicile certificate also supports the claim of the petitioner. 13. The rejection of the petitioner’s candidature by respondent No.4 despite aforesaid material reflects non application of mind to the mandate of guidelines and documents on record. The impugned endorsement dated 16.11.2025 is unsustainable and this Court pass the following: ORDER i. The writ petition is allowed. ii. The impugned endorsement dated 16.11.2025 issued by respondent No.4 (Annexure-L) is hereby quashed. iii. In view of the impugned endorsement dated 16.11.2025 having culminated from the earlier communication dated 19.09.2024, no separate order is required in respect of the said communication. - 8 - HC-KAR NC: 2026:KHC-D:1673 WP No. 100802 of 2026 iv. Respondent No.4 is directed to reconsider the petitioner's application for promotion / appointment to the post of Anganwadi Worker in view of the endorsement of the Assistant Executive Engineer, Public Works Department, Bagalkot (Annexure-F), the Domicile Certificate and in terms of the Clause-8 of Government Guidelines (Annexure-M) and to pass appropriate orders in accordance with law, within a period of 4 weeks from the date of receipt of the copy of this order. Sd/- JUSTICE K.S.HEMALEKHA EM Ct:VH List No.: 1 Sl No.: 20