Karnataka High Court
Smt K Gayathri vs Child Development Officer on 4 July, 2012
Author: H N Nagamohan Das
Bench: H.N.Nagamohan Das
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 04TH DAY OF JULY 2012
BEFORE
THE HON'BLE MR.JUSTICE H.N.NAGAMOHAN DAS
W.P.No.10144 OF 2008 (S-RES)
BETWEEN:
SMT. K. GAYATHRI,
AGED ABOUT 23 YEARS,
W/O GANAPATHI,
R/AT BURUDEGUNTE VILLAGE,
CHIKKANERPU HOBLI,
CHINTHAMANI TALUK,
CHIKKABALLAPUR.
... PETITIONER
(BY SRI. T. PRASHANTH, ADVOCATE FOR M/S
RAVIVARMA KUMAR ASSOCIATES, ADVOCATE)
AND:
1. CHILD DEVELOPMENT OFFICER,
CHITHAMANI TALUK,
CHITHAMANI,
CHIKKABALLAPUR DISTRICT.
2. DEPUTY DIRECTOR,
WOMEN AND CHILD DEVELOPMENT
DEPARTMENT,
DEPUTY COMMISSIONER OFFICE,
CHIKKABALLAPURA.
2
3. CHAIRMEN,
SELECTION COMMITTEE
FOR SELECTION OF ANGANAWADI,
WORKERS OF CHITHAMANI TAULK,
4. SMT. BHAGYAMMA,
AGED MAJOR,
WORKING AS ANAGANAWAD WORKER,
BURUDEGUNTE VILLAGE,
CHIKKNERPU HOBLI,
CHINTHAMANI TALUK,
CHIKKABALLAPUR DISTRICT.
... RESPONDENTS
(BY SRI. G. GAAGI REDDY, ADVOCATE FOR R4,
SMT. MANJULA R. KAMADALLI, HCGP FOR R1-R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE
226 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE IMPUGNED ORDER DATED. 15.3.2008
ANNEX-A PASSED BY THE 1ST RESPONDENT CHILD
DEVELOPMENT OFFICER TRANSFERRING THE 4TH
RESPONDENT FROM KONAPALLI ANGANAWADI
CENTRE TO BURUDEGUNTE NO.3 ANGANAWADI
CENTRE.
THIS WRIT PETITION COMING ON FOR HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this writ petition, the petitioner has prayed for a writ in the nature of certiorari to quash the order dated 15.03.2008, Annexure-A transferring the 4th respondent 3 as Anganawadi worker to Anganawadi Centre at Burudegunte No.3 and for a writ of mandamus directing respondents No.1 to 3 to complete the process of selection pursuant to the notification dated 14.02.2008, Annexure-B and also to quash the proceedings of the selection committee, Annexure-E insofar as it relates to transferring the 4th respondent to Anganawadi Centre at Burudegunte No.3.
2. Respondents issued notification on 14.02.2008 as per Annexure-B inviting applications from the eligible candidates to appoint Anganawadi workers at various Centres in Chithamani Taluk including the Anganawadi Centre at Burudegunte No.3. The petitioner is one of the applicants to the Anganawadi Centre at Burudegunte No.3. After processing the applications, the respondent No.1 passed an order as per Annexure-A to transfer the 4th respondent as Anganawadi Worker to the Burudegunte No.3 Anganawadi Centre. The respondents 4 have not selected any candidates pursuant to the notification as per Annexure-B. Aggrieved by this act of the selection Committee at Annexure-E and transfer of 4th respondent as per Annexure-A, petitioner is before this Court.
3. Heard arguments on both the side and perused the entire writ papers.
4. The notification issued by the respondents specifies that if the minority population is more than 25% in the area covered under the Anganawadi Centre, then a candidate from that Community is to be appointed as Anganawadi worker. If any candidate from minority community is not available, then respondents No.1 to 3 can appoint a candidate from other community who is having the eligibility. In the circumstances, the selection committee is of the opinion that in the Anganawadi Centre at Burudegunte No.3 more than 25% of minority population are residing. Admittedly, there is 5 no minority candidate who applied for the post, in such an event, the respondents No.1 to 3 are liable to select and appoint another candidate from other community. The 3rd respondent - Selection Committee without undertaking this exercise transferred the 4th respondent from other Anganawadi Centre to this Anganawadi Centre at Burudegunte No.3 on additional charge. In the circumstances, the following:
ORDER
i) The writ petition is hereby disposed of.
ii) The additional charges given to the 4th respondent as Anganawadi worker at Burudegunte No.3 is to be treated as arrangement till the Selection Committee completes the process of selecting the candidate.
iii) The 2nd respondent is hereby directed to complete the process of selection pursuant to the notification as per 6 Annexure-B dated 14.02.2008 within a time frame of six weeks from the date of receipt of the copy of this order.
(iv) If for any reasons, no eligible candidate is available insofar as Burudegunte No.3 is concerned, then Selection Committee shall re-notify the same in accordance with law.
Ordered accordingly.
Sd/-
JUDGE VM