Karnataka High Court
Smt Kamalakshi W/O Verupakshappa ... vs The State Of Karnataka on 31 January, 2026
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NC: 2026:KHC-D:1331
WP No. 105750 of 2024
C/W WP No. 101222 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
DATED THIS THE 31ST DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
WRIT PETITION NO. 105750 OF 2024 (S-RES)
C/W WRIT PETITION NO. 101222 OF 2024 (S-RES)
IN WP No. 105750/2024:
BETWEEN:
1. MANJULADEVI W/O. BASAVARAJ AMBLIKOPPAMATHA
AGE: 34 YEARS, OCC: HOUSEHOLD WORK,
R/O: WARD NO-11, NANDIKESHWAR NAGAR,
VIDYAGIRI, TQ: DIST: BAGALKOTE -587102.
2. SITA D/O. BASAPPA MOKASHI
AGE: 23 YEARS, OCC: HOUSEHOLD WORK,
R/O: SECTOR NO-63A, NAVANAGAR,
TQ: DIST: BAGALKOTE-587103.
3. JABINATA D/O. ALLASAB MULLA
AGE: 30 YEARS, OCC: HOUSEHOLD WORK,
R/O: 19TH CROSS, VIDYAGIRI,
TQ: DIST: BAGALKOTE-587102.
MANJANNA
E 4. ROOPA D/O. DODDAYYA SONNAD
AGE: 30 YEARS, OCC: HOUSEHOLD WORK,
Digitally signed by
MANJANNA E R/O: C/O MAHANTESH KOTI, VAJAPEYI NAGAR,
Location: HIGH COURT
OF KARNATAKA NAVANAGAR, TQ: DIST: BAGALKOTE - 587103.
DHARWAD BENCH
Date: 2026.02.05 11:01:11
+0530
5. PREMA D/O. NANAPPA JADHAV
AGE: 29 YEARS, OCC: HOUSEHOLD WORK,
R/O: GADDANAKERI L.T,
TQ: DIST: BAGALKOTE-587103.
6. DEEPA D/O. DATTAPPA GUDISAGAR
AGE: 28 YEARS, OCC: HOUSEHOLD WORK,
R/O: PLOT NO-C37, NEKAR COLONY,
TQ: DIST: BAGALKOTE-587103.
7. SUSHMITA D/O. ASHOK HADIMANI
AGE: 28 YEARS, OCC: HOUSEHOLD WORK,
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WP No. 105750 of 2024
C/W WP No. 101222 of 2024
HC-KAR
R/O: HAVELI, TQ: DIST: BAGALKOTE -587103.
8. RASHMI D/O. RAJU BHIMALLI
AGE: 24 YEARS, OCC: HOUSEHOLD WORK,
R/O: SECTOR NO-14, NAVANAGAR,
TQ: DIST: BAGALKOTE-587103.
9. SHILPA D/O. SANGAPPA SHIVAYOGI
AGE: 22 YEARS, OCC: HOUSEHOLD WORK,
R/O: SECTOR NO-16, PLOT NO-59A,
NAVANAGAR, TQ: DIST: BAGALKOTE-587103.
10. SOUMYA D/O. NEELAPPA GOLAPPAGOL
AGE: 28 YEARS, OCC: HOUSEHOLD WORK,
R/O: SECTOR NO-14, PLOT NO-25C,
NAVANAGAR, TQ: DIST: BAGALKOTE - 587103.
11. SHRUTI D/O. BOJAPPA MUNDASAD
AGE: 33 YEARS, OCC: HOUSEHOLD WORK,
R/O: BEHIND SANJAY LODGE, SECTOR NO-8,
NAVANAGAR, TQ: DIST: BAGALKOTE-587103.
12. VIDYASHRI D/O. SHIVAJI MANE
AGE: 30 YEARS, OCC: HOUSEHOLD WORK,
R/O: RAJAKIRAN S/O MARUTI UBALE,
SECTOR NO-14, PLOT NO-230, NAVANAGAR,
TQ: DIST: BAGALKOTE-587103.
13. GAYATRI D/O. SADASHIVA ANGADI
AGE: 25 YEARS, OCC: HOUSEHOLD WORK,
R/O: WARD NO-11, VIDYAGIRI,
TQ: DIST: BAGALKOTE - 587102.
14. LAXMI D/O. AMBADAS PISE
AGE: 30 YEARS, OCC: HOUSEHOLD WORK,
R/O: HOUSE NO-111, GAJANANA CHOUK,
HALEPETE, WARD NO-7, BAGALKOTE,
TQ: DIST: BAGALKOTE - 587103
15. PAVITRA D/O. KUMARASWAMI HIREMATH
AGE: 25 YEARS, OCC: HOUSEHOLD WORK,
R/O: SECTOR NO-8, PLOT NO-136, NAVANAGAR,
TQ: DIST: BAGALKOTE-587103.
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WP No. 105750 of 2024
C/W WP No. 101222 of 2024
HC-KAR
16. SUNITA HUCHIRAPPA KADABALAKATTI,
AGE: 31 YEARS, OCC: HOUSEHOLD WORK,
RNO: HAVELI, TA. &. DIST.: BAGALKOT-587103.
...PETITIONERS
(BY SRI. R.V.VASTRAD, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY IT'S SECRETARY,
WOMEN AND CHILD WELFARE DEPARTMENT,
AND EMPOWERMENT OF DIFFERENTLY ABLED
AND SENIOR CITIZENS, M.S BUILDING,
BENGALORE-560001.
2. THE DIRECTOR,
WOMEN AND CHILD WELFARE DEPARTMENT,
M.S BUILDING, BENGALORE-560001.
3. THE DEPUTY COMMISSIONER, BAGALKOTE
PRESIDENT OF DISTRICT LEVEL
SELECTION COMMITTEE, FOR APPOINTMENT OF
ANGANAWADI WORKERS AND
HELPERS ADMINISTRATIVE BUILDING,
NAVANAGAR-BAGALKOTE-587103.
4. THE DEPUTY DIRECTOR,
WOMEN AND CHILD WELFARE DEPARTMENT,
THE MEMBER SECRETARY DISTRICT LEVEL
SELECTION COMMITTEE FOR
APPOINTMENT OF ANGANAWADI WORKERS
AND HELPERS ADMINISTRATIVE BUILDING,
NAVANAGAR-BAGALKOTE-587103.
5. THE TAHASIDLAR, BAGALKOTE
THE PRESIDENT, TALUKA LEVEL
SCRUTINY COMMITTEE, FOR APPOINTMENT OF
ANGANAWADI WORKERS AND
HELPERS MINI VIDHAN SOUDHA,
NAVANAGAR-BAGALKOTE-587103.
6. THE CHILD DEVELOPMENT PROJECT OFFICER,
BAGALKOTE, THE MEMBER SECRETARY FOR
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C/W WP No. 101222 of 2024
HC-KAR
APPOINTMENT OF ANGANAWADI WORKERS
AND HELPERS, NAVANAGAR-BAGALKOTE-587103.
...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 WRIT OR ORDER OR DIRECTION
QUASHING ANNEXURE-E I.E., THE LETTER DATED 10/10/2023
BEARING NO. MA.MA.E ICD 2023 ISSUED BY RESPONDENT NO.1 TO
RESPONDENT NO.2 AND CONSEQUENTIALLY QUASH ANNEXURE-G
I.E., UNIBA/MA.MA.A/I.C.DS/AM.KA.S.NE/2023-24/1676 THE LETTER
DATED 20/01/2024 ISSUED BY RESPONDENT NO. 4 TO THE CDPO
BAGALKOTE AND TO QUASH ANNEXURE-J I.E., MA.MA.A.E.ICD:ANG-
1:2023-24 THE REPLY LETTER DATED 07/02/2024 GIVEN BY
RESPONDENT NO.2 TO RESPONDENT NO.4 AND ETC.
IN WP NO. 101222/2024:
BETWEEN:
SMT. KAMALAKSHI W/O. VIRUPAKSHAPPA KENDUR
AGE: 36 YEARS, OCC: HOUSEHOLD,
R/O. KALLIGUDDA, TQ: HUNGUND,
DIST: BAGALKOTE-587124.
...PETITIONER
(BY SRI. MAQBOOLAHAMED M.PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY SECRETARY,
WOMEN AND CHILD WELFARE DEPARTMENT,
AND EMPOWERMENT OF DIFFERENTLY ABLED
AND SENIOR CITIZENS, M.S.BUILDING,
BANGALORE-560001.
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NC: 2026:KHC-D:1331
WP No. 105750 of 2024
C/W WP No. 101222 of 2024
HC-KAR
2. THE DIRECTOR
WOMAN AND CHILD WELFARE DEPARTMENT,
M.S.BUILDING, BANGALORE-560001.
3. THE PRESIDENT
ANGANWADI WORKERS SELECTION SAMITI,
AND DEPUTY COMMISSIONER,
BAGALKOTE-587103.
4. THE DEPUTY DIRECTOR
WOMAN AND CHILD WELFARE DEPARTMENT,
BAGALKOTE-587103.
5. CHILD DEVELOPMENT PROJECT OFFICER
HUNGUND, DIST: BAGALKOTE-587124.
...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 IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR
ORDER OR DIRECTION QUASHING THE ANNEXURE-C VIDE
LETTER NO. MAME ICD 2023 PASSED BY RESPONDENT NO. 1
AND CONSEQUENTIALLY QUASH THE LETTER AT ANNEXURE-E
LETTER NO.MAMAE:ICD:ANG-1:2023-24 PASSED BY
RESPONDENT N. 2 AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDER THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S.HEMALEKHA
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WP No. 105750 of 2024
C/W WP No. 101222 of 2024
HC-KAR
ORAL ORDER
The questions that fall for consideration is:
i. Whether the respondents, having initiated the recruitment process by inviting offline applications, could alter the procedure midway, thereby changing the rules of the 'game' after the recruitment process has commenced?
ii. Whether the respondents were justified in introducing a distinction between 'final stage' and 'initial stage' of planned recruitment processes by communication dated 10.10.2023 and subsequent letters, when such a distinction was not contemplated under the recruitment notification dated 24.03.2023?
Brief facts:
2. These two writ petitions are taken up together as they arise out of the same recruitment notification dated 24.03.2023 issued for appointment of Anganwadi workers / helpers in Bagalkote District and involve a common challenge to subsequent communication whereby the respondents have stalled/excluded the offline persons recruitment process by introducing a distinction between -7- NC: 2026:KHC-D:1331 WP No. 105750 of 2024 C/W WP No. 101222 of 2024 HC-KAR 'final stage' and 'initial stage', recruitments. Since common questions of fact and law fall for consideration, both writ petitions are disposed of by this common order.
3. The petitioners in W.P. No.105750/2024 are candidates who applied pursuant to the notification dated 24.03.2023, among which expressly invited offline applications for appointment of Anganwadi workers/helpers in different Talukas of Bagalkote District.
The recruitment process progressed through scrutiny at the Taluka level, and in respect of five Talukas, the process admittedly reached the final stage, including scrutiny and preparation of selection list.
4. While the recruitment was thus underway, a communication dated 10.10.2023 and subsequent letters were issued by the higher authorities, stating that only those offline recruitments which had reached the 'final stage' could be completed, others could not be proceeded with. Based on this further steps were sought. The -8- NC: 2026:KHC-D:1331 WP No. 105750 of 2024 C/W WP No. 101222 of 2024 HC-KAR grievance of the petitioners are that though five Talukas have reached the 'final stage', in respect of Humnabad- Hudgi, the authorities did not even open the bid box, thereby excluding similarly situated candidates and creating an artificial distinction within the same recruitment process.
5. The petitioner in W.P. No.101222/2024 applied for the post of Anganwadi worker, pursuant to the same notification dated 24.03.2023, which invited offline application. The petitioner submitted her application on 19.04.2023, well within time and fully satisfying the eligibility criteria on the date of notification and application. The petitioner's date of birth is 25.06.1988. At the time of notification and submission of application she was eligible. However, by the reason of the communication dated 10.10.2023, whereby offline recruitments at the 'initial stage' was sought to be excluded, if the cut-off is applied as on 10.10.2023, the petitioner would cross 35 -9- NC: 2026:KHC-D:1331 WP No. 105750 of 2024 C/W WP No. 101222 of 2024 HC-KAR years of age, rendering her ineligible solely due to administrative reasons without any fault on her part.
6. Learned counsel for the petitioners in W.P.No.105750/2020 contends that the Taluka level recruitment process and five Talukas had admittedly reached the final stage, and yet in Humnabad-Hudgi, the authorities deliberately did not open the bid box. Such a selective treatment amounts to hostile discrimination among candidates governed by the same notification and same recruitment process. It is contended that once the recruitment process has commenced under a particular set of rules and procedure, the respondents cannot change the rules of the game midway. The subsequent communication introducing the concept of 'final stage' and 'initial stage' amount to a change of game after the game has begun, which is impermissible in law.
7. Learned counsel for the petitioner in W.P.No.101222/2024 in addition to the pleadings submits
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NC: 2026:KHC-D:1331 WP No. 105750 of 2024 C/W WP No. 101222 of 2024 HC-KAR that offline applications were invited on 24.03.2023. The petitioner submitted an application on 19.04.2023 strictly in accordance with the notification. The offline process was sought to be stopped only by the communication dated 10.10.2023. It is contended that the petitioner's date of birth being 25.06.1988, she could cross the age limit of 35 years, if the date 10.10.2023 is taken as the relevant date. It is further contended that the petitioner cannot be penalized for the delay attributable entirely to the respondent and denial of consideration would violate Articles 14 and 21 of the Constitution of India. The classification between 'final stage' and 'initial stage' recruitments is arbitrarily unreasonable and without any rational basis.
8. Per contra, learned AGA for the respondent- State submits that the writ petitions are not maintainable as mere submission of an application pursuant to a recruitment notification does not confer a vested or indefensible right upon the petitioners to seek
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NC: 2026:KHC-D:1331 WP No. 105750 of 2024 C/W WP No. 101222 of 2024 HC-KAR appointment or continuation of the recruitment process. The notification is only an invitation to apply and the State retains the discretion to regulate or modify the process. It is contended that the delay in completing the recruitment process was neither intentional nor arbitrary, but was occasioned due to administrative reasons, including the Model Code of Conduct being in force during the relevant period and other logistical constraints. It is submitted that the delay cannot be construed as malafide or illegal. According to the respondents, the offline recruitment process in several Talukas including Humnabad-Hudgi had not reached the final stage. It is asserted that scrutiny in preliminary stage alone has been undertaken and that no final selection list has been prepared or approved, and therefore, the petitioner cannot claim parity with cases where process was allegedly near completion.
9. It is submitted that the communication dated 10.10.2023 and the subsequent letters are the result of a policy decision taken at a Government level, whereby only
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NC: 2026:KHC-D:1331 WP No. 105750 of 2024 C/W WP No. 101222 of 2024 HC-KAR those offline recruitments which have reached the final stage were permitted to be completed, and others were required to await for further directions. Such a policy decision, it is argued falls within the administrative domain of the State and is not amenable to judicial review unless shown to be arbitrary or illegal.
10. It is contended that the classification between the 'final stage' and 'initial stage' recruitments is based on objective administrative criteria and is intended to bring uniformity and transparency in recruitment process and does not violate Article 14 of the Constitution of India. Further, the age eligibility cannot be claimed as a right due to delay. Stating this, the respondents seek to dismiss the writ petitions.
11. This Court has carefully considered the rival submission and perused the material on record.
12. The recruitment notification dated 24.03.2023 was issued by the Competent Authority. The subsequent
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NC: 2026:KHC-D:1331 WP No. 105750 of 2024 C/W WP No. 101222 of 2024 HC-KAR communication dated 10.10.2023 and impugned communications are ultra vires of the notification. The recruitment notification dated 24.03.2023 was issued by the Competent Authority, which uniformly invited offline applications and did not contemplate or reserve any power to classify the recruitment process into 'final stage' and 'initial stage'. The subsequent communication dated 10.10.2023 and thereafter, introduced a new criterion midway seeking to permit completion of only those requirements said to be in 'final stage' it would exclude others. Such a distinction is alien to the notification and lacks any statutory or procedural backing. By issuing a clear notification and inviting offline applications, the respondents created a legitimate expectation that the process would be completed as notified. Abrupt abandonment of the offline process defeats these expectations without notice or justification. Admittedly, a distinction that has been introduced midway through the recruitment process is impermissible.
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13. The law is well settled that once a recruitment process commences, the rules of the 'game' cannot be changed to the prejudice of the candidate.
14. The recruitment process having been initiated pursuant to the notification dated 24.03.2023, the respondents were not justified in altering the procedure midway by introducing a distinction between 'final stage' and 'initial stage' recruitments through subsequent communications dated 10.10.2023. Such an alteration amounts to changing the rules of the game after the game has begun, which is impermissible in law as held by the Apex Court in the case of K. Manjushree Vs. State of Andhra Pradesh and Others1 (Manjushree). The Apex Court has held that paragraph No.32 as under:
"32. In Maharashtra SRTC v. Rajendra Bhimrao Mandve this Court observed that "the rules of the game, meaning thereby, that the criteria for selection cannot be altered by the authorities concerned in the middle or after the process of selection has commenced". In this case the position 1 (2008) 3 SCC 512
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NC: 2026:KHC-D:1331 WP No. 105750 of 2024 C/W WP No. 101222 of 2024 HC-KAR is much more serious. Here, not only the rules of the game were changed, but they were changed after the game had been played and the results of the game were being awaited. That is unacceptable and impermissible."
15. The Apex Court held that 'the criteria for selection cannot be altered by the authorities concerned in the middle or after the process of selection has commenced'.
16. When the petitioner in W.P.No.101222/2024 was admittedly eligible on the date of notification and on the date of submission of the application, and she cannot be rendered ineligible on account of administrative delay attributable solely to the respondents. The law is well settled that a candidate who was eligible on the cut-off date cannot be disqualified due to a delay in selection process, as held in Bhupinderpal Singh and Others Vs. State of Punjab and Others2 (Bhupinderpal Singh). The impugned communications therefore being arbitrary and 2 (200) 5 SCC 262
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NC: 2026:KHC-D:1331 WP No. 105750 of 2024 C/W WP No. 101222 of 2024 HC-KAR contrary to the settled principles of public recruitment cannot be sustained.
17. The distinction is arbitrary and artificial, lacking any rational basis or intelligible differential, and is therefore violative of Article 14 of the Constitution of India. In W.P.No.105750/2024, the respondents themselves admit that in respect of five Talukas the recruitment process had reached the 'final stage'. In such circumstances, the non-opening of the bid box in Humnabad -Hudgi alone thereby excluding candidates governed by the very same notification, amounts to unequals being treated unequally without any rational basis. The impugned communication being mechanical, unreasoned and contrary to the original notification cannot be sustained.
18. For the foregoing reasons, the points framed for consideration are answered and the writ petitions deserve to be allowed and this Court pass the following:
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HC-KAR
ORDER
i. The writ petitions are allowed.
ii. The impugned communication / letters dated
10.10.2023 and all the subsequent
communications/orders, insofar they introduce a distinction between 'final stage' and 'initial stage' recruitments are operate to stall or exclude the offline recruitment process initiated pursuant to the notification dated 24.03.2023 are hereby quashed.
iii. The respondents are directed to complete the recruitment process strictly in accordance with the notification dated 24.03.2023.
iv. Insofar as W.P.No.101222/2024 is concerned, the
petitioner and petitioner No.1 in
W.P.No.105750/2024 shall be treated as eligible with reference to the date of notification and date of submission of the application and shall not be
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NC: 2026:KHC-D:1331 WP No. 105750 of 2024 C/W WP No. 101222 of 2024 HC-KAR rendered ineligible on the ground of age on account of delay attributable to the respondents. v. The respondent shall open the bid box/process the offline application and take further steps to finalize the selection in accordance with law. vi. It is made clear that this Court has not expressed any opinion on the comparative merits of the candidates and the respondents shall proceed with the selection process strictly in accordance with law and the applicable norms.
All the pending interlocutory application, if any, stands disposed of.
Sd/-
JUSTICE K.S.HEMALEKHA AT Ct:VH List No.: 1 Sl No.: 15