PRIYANKA vs THE STATE OF KARNATAKA

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC-K:11190
WP No. 201292 of 2025


CNR: KAHC030061982025




IN THE HIGH COURT OF KARNATAKA


KALABURAGI BENCH

TH
DATED THIS THE 12 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

WRIT PETITION NO. 201292 OF 2025 (S-RES)

BETWEEN:
PRIYANKA W/O RAJKUMAR
AGE:25 YEARS, OCC: HOUSEHOLD
R/O MUCHALAMB (A) VILLAGE
TQ: HUSLOOR DIST: BIDAR-585411
…PETITIONER





(BY SRI. JAIRAJ KASHAPPA BUKKA., ADVOCATE)

AND:
1. THE STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY
WOMEN AND CHILD DEVELOPMENT DEPT
BENGALURU-560001

2. THE DEPUTY COMMISSIONER
AND ANGANWADI SELECTION
COMMITTEE CHAIRMAN
BIDAR TQ AND DIST BIDAR-585401

3. THE DEPUTY DIRECTOR
WOMEN AND CHILDREN WELFARE DEPT
MEMEBER AND ANGANWADI HELPER
SELECTION COMMITTEE
BIDAR TQ: AND DIST: BIDAR-585401

4. THE CHILD DEVELOPMENT
PROGRAMMES OFFICER
SECRETARY OF ANGANWADI AND HELPER
SELECTION COMMITTEE TALUK SECRETARY




Digitally
signed by
NIJAMUDDIN
JAMKHANDI
Location:
HIGH COURT
OF
KARNATAKA

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TQ:BASAVAKALYAN
DIST: BIDAR-85416

5. SHAILA
W/O CHANDRAKANTH SHINDE
AGED 24 YEARS, OCC: HOUSE HOLD
R/O HALHALLI TQ: HUSLOOR
DIST: BIDAR-585327
…RESPONDENTS
(BY SRI.VEERANAGOUDA M. BIRADAR, AGA FOR R1 TO R4;
SRI.GOURISH S. KHASHAMPUR ADV., FOR R4;
R5 SERVED BUT UN-REPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A)
ISSUE A WRIT IN NATURE OF CERTIORARI OR ANY OTHER
ORDER QUASHING THE IMPUGNED FINAL SELECTION LIST
PASSED BY THE RESPONDENTS AUTHORITY VIDE FILE NO. NIL
OF THE DATED 01-03-2025 WHICH IS AT ANNEXURE-Q AS FAR
TH
AS 5 RESPONDENT CONCERN AT SERIAL NO.2; B) ISSUE A
WRIT OF MANDAMUS AND DIRECTION TO THE 2 TO 4
RESPONDENT TO CONSIDER THE REPRESENTATION OF THE
PETITIONER WHICH IS AT ANNEXURE R AND R1 DATED
15-03-2025 RESPECTIVELY; C) ISSUE A WRIT IN NATURE OF
MANDAMUS OR DIRECTION DIRECTING THE RESPONDENT
AUTHORITY TO APPOINT THE PETITIONER AS ANGANWADI
WORKER OF MUCHLAMB (A) VILLAGE TQ HULSOOR DIST
BIDAR; D) ISSUE ANY OTHER WRIT OR ORDER FOR WHICH
THE PETITIONER FOUNDED ENTITLED TO BE AWARDED.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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WP No. 201292 of 2025


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CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL ORDER
This writ petition is filed seeking the following
prayers:
“ a) Issue a writ in nature of certiorari or any other
order quashing the impugned Final Selection list passed
by the respondents authority Vide File No Nil of the dated
01-03--2025 which is at Annexure Q as far as 5th
respondent concern at serial no 2. In the interest of
justice and equity.
b) Issue a writ of mandamus and direction to the 2
to 4 respondent to consider the representation of the
Petitioner which is at Annexure R and R1 dated 15-03-
2025 respectively, In the interest of Justice
c) Issue a Writ in Nature of Mandamus or direction
directing the respondent authority to appoint the
petitioner as Anganwadi worker of Muchlamb (A) Village
Tq Hulsoor Dist Bidar, In the interest of justice and
equity.
d) Issue any other writ or order for which the
petitioner founded entitled to be awarded. In the interest
of Justice & Equity . ”

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2. Heard learned counsel appearing for the
petitioner, learned Additional Government Advocate
appearing for respondent Nos.1 to 3, Sri. Gourish S
Khashampur, learned counsel appearing for respondent
No.4 and meticulously perused the material on record.
Notice issued to respondent No.5 has been served,
however, there is no representation on behalf of
respondent No.5.
3. Respondent No.4 invited applications for filling
up the post of Anganwadi Worker at Muchlamba Village,
Hulsoor Taluk, Bidar District. The petitioner and
respondent No.5 submitted their respective applications.
The name of respondent No.5 appeared in the provisional
selection list. The petitioner filed objections contending
that respondent No.5 was not a resident of Muchlamba
Village and that the documents submitted along with her
application indicated that she was a resident of Hulsoor
Village. However, the authorities issued the final selection
list at Annexure-Q, wherein respondent No.5 was selected

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for appointment as an Anganwadi Worker at Muchlamba
Village under the reserved category. The said selection is
called in question in this writ petition.
4. Learned Additional Government Advocate has
produced the original records and filed a detailed
statement of objections. Referring to the records, he
submits that respondent No.5 appears to have submitted
two applications, both of which were filed within the
stipulated period. The records further indicate that
respondent No.5 has produced a residence certificate to
establish that she is a resident of Muchlamba Village.
5. The original records produced by the learned
Additional Government Advocate, as well as the residence
certificate bearing No.RD0039304039081, dated
04.10.2021, issued by the competent authority at
Annexure-K, indicate that respondent No.1 is a resident of
Muchlamba Village.

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6. It is to be noticed that the petitioner has
produced the Government Order dated 03.12.2022 at
Annexure-V and the notification dated 05.01.2024 at
Annexure-W1 to the writ petition, which stipulate that the
applicants are required to produce a residential certificate
evidencing residence for a period of three years prior to
the issuance of the notification.
7. Learned Additional Government Advocate,
referring to paragraph No.9 of the statement of objections,
submits that, pursuant to the complaint lodged by the
petitioner, an enquiry was conducted and the jurisdictional
Tahasildar submitted a report indicating that respondent
No.5 is a resident of Muchlamba Village.
8. In my considered view, such an exercise is
impermissible under the law. It is for the applicants to
produce the requisite residence certificate in terms of the
prevailing guidelines and Government Orders.

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9. In the case on hand, respondent No.5 has relied
upon the residence certificate dated 04.10.2021 at
Annexure-K, as the basis for her selection. However, the
said certificate having been issued on 04.10.2021, does
not satisfy the requirement of evidencing residence for a
period of three years prior to the issuance of the
notification dated 05.01.2024. Therefore, the selection of
respondent No.5, insofar as it is based on the said
certificate, cannot be sustained.
10. For the aforementioned reasons, I proceed to
pass the following:
ORDER
allowed
i) The writ petition is .

ii) The impugned selection list dated
01.03.2025 at Annexure-Q, insofar as
respondent No.5 is concerned, is quashed.

iii) Respondent No.4 is directed to consider the
candidature of the petitioner for
appointment as an Anganwadi Worker at
the subject Anganwadi Centre.

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iv) Such consideration shall be completed
within a period of three(3) months from the
date of receipt of a copy of this order.

v) It is needless to state that the petitioner’s
candidature shall be considered subject to
fulfillment of the requirement prescribed
under the prevailing guidelines and
Government Orders.
No order as to costs.



Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE



PHM
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