Karnataka High Court
Smt.Madumathi D/ Subhash Banasode vs Kum.Vidyashree D/O Thotappa And Ors on 6 March, 2017
Author: Aravind Kumar
Bench: Aravind Kumar
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 06TH DAY OF MARCH, 2017
PRESENT
THE HON'BLE MR. JUSTICE ARAVIND KUMAR
AND
THE HON'BLE MR. JUSTICE B.A. PATIL
WRIT APPEAL No.200001/2017
BETWEEN:
Smt. Madhumathi,
D/o Subhash Banasode,
W/o Sharanappa Chalavadi,
Aged: 27 years,
R/o Rampur (P.A.),
Tq. Sindagi,
Dist. Vijayapura.
...Appellant
(By Sri. I.R. Biradar Advocate)
AND:
1. Kum. Vidyashree,
D/o Thotappa,
Aged about 22 years,
R/o Jaibhimanagar,
Dhoragalli, Afzalpura,
Tq. Afzalpura,
Dist. Kalaburagi-585 101.
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2. The State of Karnataka,
Rep. by its Secretary,
Dept. of Women and
Child Development,
M.S. Building,
Bangalore-560 001.
3. The Deputy Commissioner/
Chairman,
Anganwadi Worker/
Asst. Selection Committee,
Vijayapura,
Dist. Vijayapura-586 101.
4. The Child Development and
Project Officer /
Member Secretary,
Anganwadi Worker Selection
Committee and Women
Development Department,
Tq. Sindagi,
Dist. Vijayapura-586 128.
5. The Tashildar,
Sindagi,
Dist. Vijayapura-586 128.
...Respondents
(R-1 By Smt. Ratna Shivayogimath Advocate;
R-2 to 4 by Smt. Archana P.Tiwari, AGA)
This Writ Appeal is filed under Section 4 of the
Karnataka High Court Act, praying to allow this appeal
and to set aside order dated 23.11.2016 passed by the
learned Single Judge in WP No.206572/2015 (S-RES)
by dismissing the writ petition.
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This appeal coming on for preliminary hearing this
day, ARAVIND KUMAR, J., delivered the following:-
JUDGMENT
This intra Court appeal is directed against the order dated 23.11.2016 passed in WP No.206572/2015.
2. We have heard Sri. G.G. Chagshetty, learned counsel appearing for the appellant, Smt. Archana Tiwari, learned Addl. Government Advocate appearing for respondent Nos.2 to 4 and Smt. Ratna Shivayogimath, learned counsel for respondent No.1. We have also perused the records.
3. Notification dated 24.8.2015 Annexure-A came to be issued calling for applications for appointment of karyakartas to Anganwadi schools and appellant is said to have submitted an application enclosing requisite documents for Rampur Anganwadi cadre-2 reserved for schedule caste. 1st respondent herein is also said to have submitted her application along with required documents except domicile -4- certificate. In the meanwhile, respondent No.1 herein is also said to have submitted an application to the jurisdictional Tahsildar for issuance of domicile certificate. Based on said documents, she is said to have been selected as per the provisional list Annexure R-L. Writ petitioner is said to have submitted her objection to provisional list as per Annexure-M. On account of non- issuance of domicile certificate petitioner approached this Court in WP No.206572/2015 seeking direction to the jurisdictional Tahsildar to issue domicile certificate and for a writ of mandamus to 2nd respondent-Deputy Commissioner, Vijayapura to take action against 4th respondent i.e., Tahsildar, Sindagi taluk. During the pendency of said WP No.206572/2015, an interim order came to be passed on 26.11.2015 directing the respondents not to finalise the list of appointment of Anganwadi workers in respect of Rampur-02 Anganwadi cadre for which writ petitioner i.e., respondent herein were applicants without further orders from the Court. -5- List was not finalised on account of pendency of writ petition. By order dated 23.11.2016 writ petition came to be disposed of since the learned counsel for the 1st respondent herein submitted that 4th respondent has issued Domicile Certificate to the writ petitioner on 16.12.2015. Placing said submission on record, learned Single Judge directed respondent Nos.3 and 4 herein to finalize the list of appointment of Anganwadi workers to Rampur-02 with expedition and before 30.12.2016. Writ Petitioner was also granted liberty to file domicile certificate issued to her before 2nd and 3rd respondents on or before 08.12.2106. Pursuant to said direction writ petitioner is said to have submitted Domicile Certificate dated 16.12.2105. Thus, matter is under consideration by respondent Nos. 3 and 4 herein.
4. Present writ appeal has been filed by Kum. Vidyavathi who was undisputedly selected as per the proceedings of the meeting held on 6.11.2105 which -6- culminated in issuance of provisional list as per Annexure-L contending inter alia that 1st respondent is not a resident of Rampur village for which she had made application but she is a resident of Afzlapura and as such contending that appellant without being made party to WP No.206572/2015 order has been obtained by her to consider her application also, though she is not eligible to be considered and as such leave has been sought for by the appellant to file this appeal along with I.A.No.2/2017. An application for production of additional documents I.A.No.3/2017 has also been filed by the appellant, contending that 1st respondent herein has made attempts earlier to obtain domicile certificate and same has been rejected on the ground that she is not a resident of Rampur village and by supporting this fact she had filed the writ petition and obtained a direction to the authorities to consider her application also, though she is not eligible to be considered. -7-
5. Smt. Ratna Shivayogimath, learned counsel appearing for respondent No.1 would contend that appellant was neither necessary nor proper in WP No.206572/2015 since no relief was sought against her and as such permitting her to challenge the order dated 23.11.2016 passed in WP No.206572/2015 does not arise. Hence, she prays for rejection of the appeal.
6. Learned Additional Government Advocate Smt. Archana Tiwari would also support the arguments canvassed by Smt. Ratna Shivayogimath.
7. Having heard the learned advocates appearing for the parties and on perusal of entire record, we find that undisputedly the appellant herein had also applied for the post of Anganwadi karyakarte to Rampur-02 pursuant to the notification dated 24.8.2015 Annexure-A and in the meeting held on 06.11.2015 she was held to be the sole applicant having scored 65.76 and being eligible to be appointed as -8- Anganwadi karyakarte came to be selected. Pursuant to said resolution, appellant's name was reflected in the provisional selection list of selected candidates as per Annexure-L. In the meanwhile, respondent No.1 had approached this Court in W.P. No.206572/2015 and an interim order came to be passed on 26.11.2016 by the learned Single Judge directing the respondents not to finalise the list of appointment of Anganwadi Karyakartes to Rampur-02 since the very issuance of Domicile Certificate to the 1st respondent herein was under adjudication in said writ petition. The learned Single Judge having taken note of the fact that 4th respondent i.e., Tahasildar, Sindagi therein had subsequently issued Domicile Certificate to the appellant on 16.12.2015, reserved liberty to the writ petitioner therein i.e., 1st respondent herein to produce the said certificate before respondents 3 and 4 herein on or before 8.12.2016 along with copy of the order passed in the writ petition. Accordingly, she has produced the -9- domicile certificate before respondents 3 and 4 herein and they are yet to adjudicate her claim.
8. In the light of the above stated facts and also the fact that appellant herein is a rival claimant and being entitled to oppose the appointment of 1st respondent herein or entitled to contend that she is more meritorious for being appointed. However, this Court would not examine such disputed questions of fact and it is open to the respondents 3 and 4 to examine rival claims and if necessary obtain necessary report and pass order thereon after considering the objections of the appellant herein, if filed and if not already filed in accordance with the rules governing such appointment. With these observations, writ appeal stands disposed of.
Sd/-
JUDGE Sd/-
JUDGE BL*