Karnataka High Court
Suvarna D/O Revansiddappa Ankalgi @ ... vs President on 18 July, 2018
Author: S.N.Satyanarayana
Bench: S.N.Satyanarayana
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF JULY, 2018
BEFORE
THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA
W.P.No.81330/2012 (S-RES)
Between:
Suvarna D/o Revansiddappa Ankalgi @
Suvarna W/o Sidram Bhairshetty
Age: 33 years, Occ: Household
R/o Agasanal Basavanagar
Tq: Indi, Dist: Bijapur - 586 101.
... Petitioner
(By Smt Hema L. Kulkarni, Advocate)
And:
1. President
Selection Committee of Anganwadi Workers
And Deputy Director Woman & Child Welfare
Dist: Bijapur - 586 101.
2. Member Secretary
Selection Committee of Anganwadi Workers
And Project Officer, Child Welfare
Tq: Indi, Dist: Bijapur - 586 101.
3. Shilpa W/o Sharanappa Kalmani
Age: 26 years, Occ: Household
R/o Agasanal, Tq: Indi
Dist: Bijapur - 586 101.
... Respondents
(By Sri K. M. Ghate, AGA for R1 and R2
Notice to R3 served and unrepresented)
2
This Writ Petition is filed under Articles 226 and 227
of the Constitution of India, praying to issue a writ of
certiorari quashing the order dated: 14.12.2011 vide
No.².C.AiÉÆÃ.EA./CA.PÁ.PÀ./£ÉÃ/PÁ/2011-12 passed by the respondent
Nos.1 and 2, the copy of which is produced at Annexure-J
and direct the respondents to finalize the selection list at
Annexure-C dated: 20.08.2010 passed by the respondent
No.1 and 2 vide file No. ².C.AiÉÆÃ.EA./CA.PÁ.PÀ./£ÉÃ/PÁ/2010.
This petition is coming on for preliminary hearing in
'B' Group, this day, the Court made the following:-
ORDER
The petitioner herein who was the candidate short listed for the post of Anganwadi Worker of Agasanal Basavanagar, Taluk Indi, District Vijayapura has come up in this petition impugning the order dated 14.12.2011 vide No.².C.AiÉÆÃ.EA./CA.PÁ.PÀ./£ÉÃ/PÁ/2011-12 passed by respondent Nos.1 and 2 in appointing respondent No.3 as Anganwadi Worker of Agasanal Basavanagar, Taluk Indi, District Vijayapur.
2. According to the petitioner, applications were invited from respondent Nos.1 and 2 to select Anganwadi Worker for various Anganwadi centers coming within the limits of India taluk of Vijayapur 3 District. The petitioner had applied for the post of Anganwadi Worker Agasanal Basavanagar. It is stated that when the provisional list was prepared by respondent Nos.1 and 2 to select the candidates for various Anganwadi centers of Indi Taluk, her name was considered for the post of Anganwadi Worker at Agasanal Basavanagar as could be seen in provisional list dated 20.08.2010, which is at Annexure-C.
3. The inclusion of petitioner as a candidate in the short listed provisional selection list was under
challenge by another applicant to the same post by Smt. Shashikala who is said to be a physically handicapped person. Hence, the same was referred to the revenue authorities for investigation. The investigation has indicated that the objector Smt. Shashikala who is physically handicapped is already getting the pension under physically handicapped persons' welfare scheme. As such, under the recommendation of the concerned 4 revenue authority, it was reported that the petitioner herein is a suitable candidate. However, ignoring the same it is seen that the respondent No.3 herein appointed as Anganwadi Worker for Agasanal Basavanagar vide order dated 14.12.2011 in proceedings No.².C.AiÉÆÃ.EA./CA.PÁ.PÀ./£ÉÃ/PÁ/2011-12 which is challenged in this proceedings.
4. While challenging the appointment of respondent No.3 to the said post, the learned counsel for the petitioner would bring to the notice of this Court that in fact the respondent No.3 is not at all the resident of Agasanal Basavanagar and on the other hand she is the resident of Agasanal. To support the same, she has produced the documents at Annexure-F, which is the application dated 18.10.2010 filed by her, where her address would indicate that she is the resident of Agasanal, Taluk Indi, District Vijayapura. In the next column No.4, where she is required to give her 5 preference, she has initially written the word Anganwadi Kendra Agasanal and subsequently she has included the word Basavanagar as it is clearly seen from the said application, which is at Annexure-F to the writ petition.
5. In addition to that, the copy of domicile certificate issued to Smt. Shilpa, which is at Annexure- G, it would indicate that as per the domicile certificate her residence is Agasanal. Similarly, her residence is shown as Agasanal in the Identity Card bearing No.ALO0276014 issued by the Election Commission of India, where her place of residence is shown as 118, Agasanal, Indi, Vijayapur-586117. When these documents are looked into, it is clearly seen that the authorities have deliberately committed the mistake of selecting said Smt. Shilpa for the post of Anganwadi Worker for Agasanal Basavanagar though she is not the resident of the said area. To cover up the same, they have given an explanation that she has completed 6 P.U.C. for which two marks are added and the same is tried to be sustained by filing statement of objection in trying to substantiate the erroneous stand which is taken by the respondent Nos.1 and 2 by relying AnnexureR-1, which does not stand to reason.
6. In that view of the matter, this Court would find that there is deliberate attempt to deny the legitimate right of the petitioner to get appointed for the post of Anganwadi Worker, Agasanal Basavanagar. While doing so, they have preferred a person who is totally unconnected to the area and who does not have required qualification of a resident of that area to be appointed for the post.
7. Accordingly, this writ petition is allowed. The order of appointment of respondent No.3 to the post of Anganwadi Worker for Agasanal Basavanagar vide order dated 14.12.2012 in Order No.².C.AiÉÆÃ.EA./ CA.PÁ.PÀ./£Éà /PÁ/2011-12 vide Annexure-J is hereby quashed. 7
8. The respondent Nos.1 and 2 are hereby directed to issue appointment order to the petitioner forthwith, not later than one week from the date of receipt of certified copy of this order.
Sd/-
JUDGE BL Ct:SSB