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2026 DAILYLAW 9101 (KAR)

MRS. FATHIMA FIRDOSE, v. STATE OF KARNATAKA,

WP/906/2026 · 2026-04-23

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:22493 WP No. 906 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 906 OF 2026 (S-RES) BETWEEN: MRS. FATHIMA FIRDOSE, WIFE OF SYED ZUBAIR AHMED, AGED ABOUT 36 YEARS, PRESENTLY WORKING AT ANGANWADI WORKER, GANGARASANAHALLI, ITHARASANAHALLI GRAMA PANCHAYATHI, RESIDING AT MARJENAHALLI VILLAGE, KAMADENAHALLI POST, KOLAR TALUK AND DISTRICT – 563 101. …PETITIONER (BY SRI. VENUGOPALA M. S., ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF WOMEN AND CHILD WELFARE, VIKASA SOUDHA, BENGALURU-560001 REPRESENTED BY ITS SECRETARY. 2. DIRECTOR, DIRECTORATE OF WOMEN AND CHILD WELFARE, 2ND FLOOR, M S BUILDING, DR BR AMBEDKAR VEEDHI, BENGALURU – 560 001. 3. DEPUTY DIRECTOR AND CHILD DEVELOPMENT PLANNING OFFICER, DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, GANDHINAGAR, KOLAR – 563 101. 4. CHILD DEVELOPMENT PLANNING OFFICER, INTEGRATED CHILD DEVELOPMENT SCHEME, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:22493 WP No. 906 of 2026 DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, OFFICE OF CHILD DEVELOPMENT PLANNING OFFICER, 1ST FLOOR, NEW KOLAR HOSPITAL BUILDING, KUVEMPU NAGAR, KOLAR – 563 101. 5. THE DEPUTY COMMISSIONER AND PRESIDENT OF DISTRICT LEVEL SELECTION COMMITTEE, OFFICE OF THE DEPUTY COMMISSIONER, KOLAR DISTRICT – 563 101 6. THE CHIEF EXECUTIVE OFFICER, KOLAR ZILLA PANCHAYATH, KOLAR – 563 101. 7. MARJENAHALLI GRAMA PANCHAYTH, MARJENAHALLI, KOLAR TALUK – 563 101. REPRESENTED BY ITS PANCHAYATH DEVELOPMENT OFFICER. 8. SMT RAMADEVI, WIFE OF VENKATESHAPPA, AGED ABOUT 38 YEARS, RESIDING AT YELAVARA VILLAGE, KAMMADENAHALLI POST, KOLAR TALUK AND DISTRICT, PIN – 563 101. …RESPONDENTS (BY SRI. G. RAMESH NAIK, AGA FOR R1 TO R5; SRI. A. NAGARAJAPPA, ADVOCATE FOR R6; SRI. B. N. SURESH BABU, ADVOCATE FOR R8) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT ISSUED BY R4 DATED 12.12.2025 BEARING NO. ²CAiÉÆÃPÉÆÃ:ªÀ§:2025-26 VIDE ANNX-M AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2026:KHC:22493 WP No. 906 of 2026 ORAL ORDER In this petition, petitioner seeks the following reliefs: “a) Issue a writ of Certiorari quashing the endorsement issued by the 4th Respondent dated 12.12.2025 bearing No. ²CAiÉÆÃPÉÆÃ:ªÀ§:2025-26 vide Annexure-M; b) Issue a writ of mandamus directing the Respondent no.2 to 4 to order for transfer of Petitioner as Anganawadi worker from Gangarasanahalli Anganwadi Center to as Anganwadi worker Marjenahalli Anganwadi Center as requested in the representation dated 01.09.2025 vide Annexure-G; c) Issue such other writ or directions as this Hon’ble Court deems fit to be granted in the facts and circumstances of the case by allowing this writ petition in the interest of justice and equity.” 2. Heard learned counsel for the petitioner, learned AGA for respondent Nos.1 to 5 and learned counsel for respondent Nos.6 and 8 and perused the material on record. 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner submits that despite the impugned - 4 - HC-KAR NC: 2026:KHC:22493 WP No. 906 of 2026 endorsement dated 12.12.2025 at Annexure-M issued by respondent No.4 rejecting the application for transfer of the petitioner as a Anganawadi worker at Gangarasanahalli to Marjenahalli Village has been passed without providing sufficient or reasonable opportunity to the petitioner and the same is violative of principles of natural justice warranting interference by this Court in the present petition. 4. Per contra, learned counsel for respondent No.8 submits that in the event this Court were to set aside the impugned endorsement at Annexure-M dated 12.12.2025 and remit the matter back to respondent No.4 for reconsideration afresh in accordance with law, an opportunity may be provided to respondent No.8 to put forth her contentions and respondent No.4 may pass appropriate orders in accordance with law within a stipulated time frame. 5. In view of the aforesaid facts and circumstances, though several contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits / de-merits of the rival contentions, I deem it just and appropriate to set aside Annexure-M and remit the matter back to - 5 - HC-KAR NC: 2026:KHC:22493 WP No. 906 of 2026 respondent No.4 for reconsideration afresh in accordance with law by issuing certain directions. 6. In the result, I pass the following: ORDER i) The petition is hereby allowed. ii) The impugned endorsement dated 12.12.2025 passed by respondent No.4 at Annexure-M is hereby set aside. iii) The matter is remitted back to respondent No.4 for reconsideration of the claim of the petitioner as well as the claim of respondent No.8 afresh and in accordance with law. iv) Petitioner and respondent No.8 shall appear before respondent No.4 on 04.05.2026 without awaiting further notice from respondent No.4. v) Liberty is reserved in favour of the petitioner and respondent No.8 to submit replies, responses, pleadings, documents etc., which shall be considered by respondent No.4 within a period of one month from 04.05.2026, who shall provide - 6 - HC-KAR NC: 2026:KHC:22493 WP No. 906 of 2026 sufficient and reasonable opportunity to the petitioner and respondent No.8, hear them and proceed further, in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 8