Karnataka High Court
Smt. Laxmavva D/O. Chandrappa Kurubar vs The State Of Karnataka on 23 August, 2022
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WP No. 101729 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 23RD DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 101729 OF 2022 (S-RES)
BETWEEN:
SMT. LAXMAVVA D/O. CHANDRAPPA KURUBAR
AFTER MARRIAGE THE NAME IS
CHANGED AS YALLAVVA
W/O. BASAPPA SIDENAVAR
AGED ABOUT 39 YEARS,
R/O. AT GONDI HIREKOUNSHI,
TALUK AND DIST. HAVERI-581104.
...PETITIONER
(BY SRI SANTOSH B MANE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS UNDER SECRETARY
DEPT. OF WOMAN AND
CHILD DEVELOPMENT
M.S. BUILDING, BENGALURU-01.
Digitally
signed by
VISHAL 2. THE DEPUTY COMMISSIONER
VISHAL NINGAPPA
NINGAPPA PATTIHAL HAVERI DISTRICT HAVERI-581110.
PATTIHAL Date:
2022.08.26
10:45:02
+0530 3. THE DEPUTY DIRECTOR
WOMAN AND CHILD DEVELOPMENT
ZILLA ADALITHA BHAVANA
A BLOCK 3RD FLOOR,
DEVAGIR ROAD, HAVERI.
4. THE CHILD DEVELOPMENT OFFICER,
HANAGAL TALUK,
DIST. HAVERI - 581110.
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WP No. 101729 of 2022
5. THE CHIEF EXECUTIVE OFFICER,
ZILLA PANCHAYAT HAVERI - 581110.
...RESPONDENTS
(BY SRI VINAYAK KULKARNI, AGA FOR R1 RO R4,
R5 NOTICE IS DISPENSED WITH)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO, WHEREFORE,
THE PETITIONER HUMBLY PRAYS THAT THIS HON'BLE COURT
MAY BE PLEASED TO ISSUE. 1. A WRIT IN THE NATURE OF
CERTIORARI AND QUASH THE IMPUGNED NOTIFICATION
DATED 14-2-2022 PASSED BY THE RESPONDENT NO.3 VIDE
ANNEXURE-B IN SO FAR HIREKAUNSI ANGANAWADI CENTRE
IS CONCERNED HOLDING THE SAME IS ILLEGAL, VOID AND
CONTRARY TO THE GUIDELINES OF GOVERNMENT FOR
SELECTIONS OF THE ANGANWADI WORKERS AND ANGANWADI
ASSISTANTS ISSUED BY 1ST RESPONDENT UNDER
GOVERNMENT ORDER DATED 19-4-2014 PRODUCED AS
ANNEXURE-F.
THIS PETITION COMING ON FOR ORDERS THIS DAY. THE
COURT DELIVERED THE FOLLOWING.
ORDER
The case of the petitioner is that, she is working as Anganwadi Assistant in Hirekanshi Anganwadi Centre in Haveri District from 14.01.2005. By a notification dated 14.02.2022 respondent No.3 invited application for one vacant post of Anganwadi worker in Hirekanshi Anganwadi Centre. The petitioner desirous of the same, applied for the said post and she further contended that as per clause -3- WP No. 101729 of 2022 3 of the Government order bearing No.ªÀĪÀÄE 89 L¹r 2014 dated 19.04.2014 when there is a vacant Anganwadi worker post and if there is already an Anganwadi Assistant working in the same Anganwadi Centre who has passed SSLC and with work experience of 3 years and within 45 years, they have to be appointed as the Anganwadi worker without calling for fresh application. However, as her request has not been considered, the instant writ petition is filed.
2. The case of the petitioner is that, as per the aforementioned notification, the petitioner is eligible to be appointed as Anganwadi worker and respondent No.3 without calling for notification should have appointed her as Anganwadi worker. Not doing so is contrary to the notification of the Government.
3. Per contra, the learned AGA submits that the petitioner does not have necessary qualification, as she has not passed SSLC from the State Board but has only passed SSLC from Karnataka State Open Education -4- WP No. 101729 of 2022 Examination Board and for that reason her application is not considered.
4. The only ground on which the request of the petitioner has been rejected is that, she has passed SSLC from Karnataka State Open Education Examination Board and not regular SSLC. The learned AGA does not dispute that, she is otherwise qualified to be appointed as Anganwadi worker.
5. Clause I Sub-clause (5) of the Government order dated 19.04.2014 bearing No.ªÀĪÀÄE 89 L¹r 2014 stipulates that a person who has passed SSLC even from an open school with required marks and subjects as stipulated therein are eligible for being appointed as Anganwadi worker. In the instant case, it is not disputed by the respondent about the qualification of the petitioner and it is admitted that she has got the required marks and has studied the necessary subjects. The only objection is that she has passed SSLC from an open school conducted by the Karnataka Examination Board and not SSLC by -5- WP No. 101729 of 2022 attending regular classes. The said objection is contrary to the aforementioned regulations. In the light of the same, the writ petition deserves to be allowed. Hence, the following.
ORDER
i) The writ petition is allowed.
ii) Respondent Nos.2 to 5 are directed to
appoint the petitioner as Anganwadi worker of Hirekashi, Anganwadi Centre.
Sd/-
JUDGE SSP