PREMA vs THE STATE OF KARNATAKA AND ORS

Court
Karnataka High Court

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IN THE HIGH COURT OF KARNATAKA


KALABURAGI BENCH

TH
DATED THIS THE 16 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

WRIT PETITION NO. 203370 OF 2019 (S-RES)

BETWEEN:

PREMA W/O SAIDAPPA NAKMAN
D/O LAXMAN YELLAPPA SHINGE
AGED ABOUT 33 YEARS, OCC:HOUSEHOLD
R/O VIBHUTHIHALLI, TQ: SINDGI
DIST: VIJAYAPUR 586101.
…PETITIONER






(BY SRI. GOURISH S KHASHAMPUR., ADVOCATE)

AND:

1.
THE STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT
AND HANDICAPPED AND SENIOR CITIZEN
EMPOWERMENT DEPARTMENT
VIKASA SOUDHA, BANGALORE-1

2. THE DEPUTY COMMISSIONER
& PRESIDENT OF SELECTION COMMITTEE OF
ANGANWADI WORKERS, VIJAYAPUR-586101

3. THE DEPUTY DIRECTOR OF WOMEN & CHILD
DEVELOPMENT, DEPARTMENT & MEMBER
SECRETARY, ANGANWADI WORKER & HELPERS
COMMITTEE
VIJAYAPUR-586101.




Digitally signed
by SWETA
KULKARNI
Location: HIGH
COURT OF
KARNATAKA

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4. THE CHILD DEVELOPMENT/
PLANNING OFFICER & MEMBER SECRETARY (CDPO)
ANGANWADI WORKERS/HELPERS
SELECTION COMMITTEE, SINDGI
DIST:VIJAYAPUR-586128

5.
THE ASSISTANT DIRECTOR
WOMEN & CHILD DEVELOPMENT DEPT.
& MEMBER SECRETARY OF
SELECTION COMMITTEE OF
ANGANWADI HELPER, VIJAYAPUR-586101

6. SMT.LAXMI W/O SHANTAPPA
HOSAMANI, AGED ABOUT 42 YEARS
OCC: PRIVATE SERVICE
R/O VIBHUTIHALLI, TQ: SINDGI
DIST: VIJAYAPUR
…RESPONDENTS
(BY SRI.SHIVAKUMAR TENGLI, AGA FOR R1 TO R5;
R6 SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A)
ISSUE A WRIT OF CERTIORARI AND TO QUASH THE
ND
RESOLUTION DATED-31.01.2019 PASSED BY THE 2
RESPONDENT SELECTION COMMITTEE VIDE RESOLUTION NO.2
IN SO FAR AS PETITIONER IS CONCERNED, PRODUCED AT
ANNEXURE-F AND TO QUASH THE ENDORSEMENT DATED-
05.02.2019 ISSUED BY THE 4TH RESPONDENT IN NO.
SHI.YO.SI.AM.KS.DS.RAD.2018-19/470 PRODUCED AT
ANNEXURE-G; B) ISSUE A WRIT, ORDER OR DIRECTION,
DIRECTING THE RESPONDENTS 1 TO 4 TO APPOINT THE
PETITIONER TO THE POST OF ANGANWADI HELPER OF
VIBHUTHIHALLI ANGANWADI CENTRE NO.2 WITH ALL OTHER
CONSEQUENTIAL BENEFITS; C) ISSUE ANY OTHER SUITABLE
WRIT, ORDER OR DIRECTION AS THIS HONOURABLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE
CASE.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING
'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL ORDER
This writ petition is filed seeking following prayers:
“A) Issue a writ of certiorari and to quash the
nd
resolution dated-31.01.2019 passed by the 2
respondent selection committee vide resolution no.2
in so far as petitioner is concerned, produced at
Annexure-F and to quash the endorsement dated-
05.02.2019 issued by the 4th respondent in no.
Shi.Yo.Si.Am.Ka.Ds.Rad.2018-19/470 produced at
Annexure-G;

b) Issue a writ, order or direction, directing the
respondents 1 to 4 to appoint the petitioner to the
post of Anganwadi Helper of Vibhuthihalli Anganwadi
centre no.2 with all other consequential benefits;

c) Issue any other suitable writ, order or direction as
this Honourable Court deems fit under the facts and
circumstances of the case, including an order of
cost.”



2. Heard learned counsel for the petitioner and
learned Additional Government Advocate for respondent

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Nos.1 to 5. Notice on respondent No.6 has been served
and there is no representation.


3. The respondent No.4 issued a notification to fill
up 58 vacant posts of Anganwadi Helpers in different
Anganwadi centres in Sindagi Taluk. Pursuant to the said
notification, the petitioner as well as the respondent No.6
filed applications seeking appointment as Anganwadi
Helper. It is to be noticed that the petitioner herein raised
the objection with regard to the genuineness of the
documents produced by respondent No.6 before the
authority. The authority conducted its proceedings on
09.10.2017 at Annexure-E and at paragraph No.5 made
an observation that the respondent No.6’s education
qualification was verified through the Block Education
Officer and was found not to be genuine. The respondent
No.6 also filed a complaint before the appointing authority
th
complaining that the petitioner had produced a fake 9
standard marks card and sought for appointment as
Anganwadi Helper. The respondent No.6’s

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complaint/objection was duly considered in the
proceedings held on 31.01.2019, under the Chairmanship
of the Deputy Commissioner, Vijayapura and other
th
members and at paragraph No.2 observed that the 9
standard marks card of the petitioner is fake. The said
finding was based on the input received from the
Education Department.

4. The learned counsel for the petitioner
reiterating the grounds urged in the writ petition
th
specifically contended that the 9 Standard marks card
relied upon by the authorities was never produced by the
petitioner and the required qualification as per the
guidelines dated 23.09.2017 at Annexure-A was that the
th
minimum qualification for the applicant is to pass 4
standard. It is to be noticed that the authorities ignoring
th
the fact that the petitioner had passed 4 standard and
produced the marks card to that effect, however the
th
authorities have considered the 9 standard marks card

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th
and proceeded further. They have got 9 standard marks
card of the petitioner verified and have come to the
conclusion that fake marks card was produced. I am of the
considered view that the approach of the authority in
making an observation in the impugned proceedings and
issuing the endorsement that petitioner has produced fake
th
9 standard marks card is contrary to the guidelines dated
23.09.2017, wherein the minimum qualification for the
th th
post of Anganwadi Helper is fixed at 4 standard to 9
standard. In the case on hand, the petitioner has produced
th
4 standard marks card and the authority is required to
consider the said document and if found that the
document produced by the petitioner is genuine, the
authorities are required to appoint the petitioner in
accordance with law.

5. Hence, I proceed to pass the following:

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ORDER
allowed
i The writ petition is . The impugned
orders dated 31.01.2019 passed by the
respondent No.2 at Annexure-F and
endorsement dated 05.02.2019 issued by
the respondent No.4 at Annexure-G are
hereby quashed.

ii The matter is remitted back to respondent
Nos.2 to 5 to reconsider the petitioner’s
application seeking appointment as
Anganwadi Helper in accordance with law,
keeping in mind the observations made
supra.

iii The said exercise shall be done within a
period of four (4) months from the date of
receipt of the copy of this order.
No order as to costs.

Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE


NJ
LIST NO.: 1 SL NO.: 1