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2026 DAILYLAW 52534 (KAR)

SMT. GULABI D/O PANDURANGA PETNEKAR W/O RAVIDAS KADARI CHIBBULKAR v. THE DEPUTY COMMISSIONER

WP/101422/2022 · 2026-01-20

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:555 WP No. 101422 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.101422 OF 2022 (S-RES) BETWEEN: SMT. GULABI D/O. PANDURANGA PETNEKAR W/O. RAVIDAS KADARI CHIBBULKAR, AGE: 33 YEARS, OCC: HOUSEHOLD, POST. HUNSWAD, TQ: HALIYAL, DIST: UTTARA KANADA/KARWAR-581329. …PETITIONER (BY SRI. PRANAV UMESH BADAGI, ADVOCATE FOR SRI. R.H.ANGADI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER, UTTAR KANNADA/KARWAR-581301. 2. THE MEMBER SECRETARY CHILD DEVELOPMENT OFFICE, ANGANAWADI HELPER APPOINTING COMMITTEE, HALIYAL, UTTAR KANNADA/KARWAR-581329. 3. ASSISTANT DIRECTOR WOMEN AND CHILD WELFARE DEPARTMENT, UTTARA KANNADA/KARWAR-581301. 4. SMT. SAVITA MADHUKAR PARITA W/O. SANTOSH MADIVAL, AGE: 22 YEARS, R/O. HUNASWAD, TQ: HALIYAL, DIST: UTTARA KANNADA/KARWAR-581329. …RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA FOR R1 TO R3; NOTICE TO R4 IS SERVED) MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.28 10:36:06 +0530 - 2 - HC-KAR NC: 2026:KHC-D:555 WP No. 101422 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO KINDLY QUASHING THE IMPUGNED ORDER OF APPOINTMENT DATED 21/02/2022 VIDE NO.G¤PÁ/ªÀĪÀÄCE/CA.¸À/ºÀÄzÉÝ/UÀÄgÀÄw¸ÀÄ/21-22/1608 ISSUED BY RESPONDENT NO.3 VIDE ANNEXURE-G IN SO FAR AS APPOINTMENT OF RESPONDENT NO.4 AND CONSEQUENTLY AN ORDER BE PASSED TO APPOINT PETITIONER TO THE POST OF ANGANWADI HELPER IN HUNSWAD-2, ARLWAD, ANGANWADI IN HALIYAL TALUK, DIST.UTTARA KANNADA/KARWAR TO MEET THE ENDS OF JUSTICE 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 ORAL ORDER The petitioner has called in question the appointment order dated 21.02.2022, whereby respondent No.4 came to be appointed as Anganwadi helper to Hunswad-2, Arlwad Anganwadi in Haliyal Taluk, Uttara Kannada/Karwar District and seeking a consequential direction to appoint the petitioner on the premise that she has secured marginally higher marks than respondent No.4. 2. Learned counsel for the petitioner contends that the petitioner secured 55.22% marks in IX standard, whereas respondent No.4 secured only 50.67% marks in IX standard and therefore, the petitioner being more meritorious and a - 3 - HC-KAR NC: 2026:KHC-D:555 WP No. 101422 of 2022 local candidate ought to have been selected. It is further contended that the objections submitted by the petitioner were not considered and the selection process suffers from violation of prescribed procedure. 3. Learned Additional Government Advocate for respondent Nos.1 to 3 submits that the selection of respondent No.4 was made strictly in accordance with the prescribed norms, provisional list, objection and final selection were considered by the competent committee. It is submitted that no mala fides or procedural irregularities is made out and in the absence of the same, the administrative decision does not call for any interference. 4. Though respondent No.4 is served with a notice, she has chosen to remain absent. 5. The contention of the petitioner that the petitioner has secured higher marks by itself does not confer an indefensible or a vested right to appointment. The selection to the post of the Anganwadi helper is governed by the applicable guidelines and selection criteria framed by the - 4 - HC-KAR NC: 2026:KHC-D:555 WP No. 101422 of 2022 department, which takes into account not only the marks but also the other relevant factors as prescribed. 6. The petitioner has not demonstrated violation of any statutory rule or mandatory guideline in the selection process. This Court cannot re-evaluate comparative merit or substitute its own assessment for that of the selection committee. In the absence of any illegality in the selection process, perversity or violation of any statutory provision, the writ petition assailing the appointment of respondent No.4 is devoid of merit and is liable to be dismissed. Accordingly, this Court pass the following: ORDER The writ petition is dismissed. Pending applications, if any, would not survive for consideration. Sd/- JUSTICE K.S.HEMALEKHA EM : Ct:VH List No.: 1 Sl No.: 5