Karnataka High Court
Shantawwa W/O. Ningappa Kammar vs The State Of Karnataka on 13 September, 2022
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WP No. 62556 of 2012
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 62556 OF 2012 (S-RES)
BETWEEN:
SMT.SHANTAWWA, W/O. NINGAPPA KAMMAR
AGE: 30 YEARS, OCC: HOUSEHOLD WORK,
R/O. KONCHIGERI, TQ: SHIRAHATTI, DIST: GADAG.
...PETITIONER
(BY SRI. LAXMAN T MANTAGANI & SRI.G. R. TURMARI,
ADVOCATES)
AND:
1. THE STATE OF KARNATAKA,
BY ITS SECRETARY TO WOMAN and CHILDREN
WELFARE DEVELOPMENT DEPARTMENT,
M.S. BUILDING, BANGALORE.
2. MEMBER SECRETARY/ MEMBER SELECTION
COMMITTEE AND PROJECT OFFICER,
WOMEN and CHILD DEVELOPMENT,
Digitally SHIRAHATTI, TQ: SHIRAHATTI, DIST: GADAG.
signed by
VISHAL
NINGAPPA 3. SMT.KASTURIBAI W/O. VEERESHACHARYA @ IRAPPA
PATTIHAL AGE: 34 YEARS, R/O. HUNAGUND,
TQ: SHIGGAON, DIST: HAVERI,
NOW SHE CLAIMS AS
SMT.KASTURIBAI NEELAKANTAPPA BADIGER,
AGE: 34 YEARS, R/O. KONCHIGERI VILLAGE
TQ: SHIRAHATTI, DIST: GADAG.
...RESPONDENTS
(BY SRI. VINAYAK S. KULKARNI, AGA FOR R1 & R2; R3 -
SERVED)
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WP No. 62556 of 2012
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER DATED:22/02/2012, VIDE
ANNEXURE-G, ISSUED BY THE 2nd RESPONDENT.
THIS PETITION COMING ON FOR FINAL HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The case of the petitioner is that, she had applied for the post of Anganawadi worker at Anganawadi Centre No.138 of Konchigeri Village and instead of her, respondent No.3 has been selected in violation of guidelines for appointment. Aggrieved by the same, the instant writ petition is filed.
2. It is contended that respondent No.3 is not the resident of Konchigeri Village and she is the resident of Hunagund village and that she could not have been appointed as Anganawadi worker in Konchigeri village. Reliance is placed on the marriage invitation of respondent No.3 and also the domicile certificate issued by the Panchayat Development Officer, Chandapur. It is also contended that respondent No.3 does not belong to a family which is living below the -3- WP No. 62556 of 2012 poverty line. On the said ground, it is prayed that the appointment of respondent No.3 be set aside.
3. In spite of service of notice, respondent No.3 has remained absent. However, respondents No.1 and 2 have filed their objections and contended that respondent No.3 is the resident of Konchigeri village. But the learned AGA is not able to satisfactorily answer regarding issuance of domicile certificate by the Panchayat Development Officer, Chandapur, which states that respondent No.3 has been living in Hunagund. The objections also does not mention about respondent No.3 living below poverty line. However, the learned AGA, upon instructions, submit that they will conduct a fresh enquiry and take appropriate decision in the matter. It is further submitted that, otherwise respondent No.3 is more meritorious than the petitioner. The said fact is not disputed by the petitioner. However, it is not disputed by the learned AGA that respondent No.3 will not be eligible for the post of Anganwadi worker if she is not the resident of Konchigeri village or if she does not belong to the family living below the poverty line.
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4. Based on the aforementioned submissions of learned AGA, the following order is passed:
ORDER i. Respondents No.1 and 2 are directed to conduct necessary enquiry and determine whether respondent No.3 is the resident of Konchigeri village or not and whether she belongs to the family living below the poverty line.
ii. If it is found that respondent No.3 is not the resident of Konchigeri village or that she does not belong to the family living below the poverty line, respondents No.1 and 2 shall set aside her order of appointment as Anganwadi worker and appoint such other eligible person.
iii. Writ petition is disposed of accordingly.
Sd/-
JUDGE gab List No.: 1 Sl No.: 45