BISMILLA vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11412
WP No. 204145 of 2025
CNR: KAHC030165982025
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 15 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO. 204145 OF 2025 (S-RES)
BETWEEN:
BISMILLA D/O MEHABOOB HAKEEM
AGED ABOUT 32 YEARS, OCC: NIL
R/O ALMEL AWC-15 (WARD 09)
TALUK ALAMEL DIST: VIJAYAPUR-586202
…PETITIONER
(BY SRI YASHAS S. DIKSHIT, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY DIRECTOR OF WOMEN AND
CHILDREN DEVELOPMENT
DEPARTMENT, M S BUILDING
BENGALURU- 01
2. THE ANGANWADI WORKERS
SELECTION COMMITTEE
REP. BY PRESIDENT
(DEPUTY COMMISSIONER)
VIJAYAPUR-586101
3. THE DEPUTY DIRECTOR
WOMEN AND CHILDREN DEVELOPMENT
DEPARTMENT
VIJAYAURA-586101
Digitally signed
by SWETA
KULKARNI
Location: HIGH
COURT OF
KARNATAKA
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WP No. 204145 of 2025
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4. THE CHILD DEVELOPMENT
PLANNING OFFICER (CDPO) SINDAGI
TALUK SINDAGI
DIST: VIJAYAPURA-586202
5.
SAMREEN
D/O MAHAMMAD PAIGAMBER BHAIRGUDAGI
AGED ABOUT 24 YEARS, OCC: NIL
R/O C/O YASEEN SHAIKH
AT POST ALAMEL
TQ: ALAMEL DIST: VIJAYAPUR-586202
…RESPONDENTS
(BY SRI MALLIKARJUN SAHUKAR, AGA FOR R1 AND R3;
SMT. RATNA N. SHIVAYOGIMATH, ADV. FOR R4;
SRI MANJUNATH GINNI, ADV. FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO I) ISSUE THE
WRIT OF CERTIORARI QUASHING THE SELECTION LIST
PASSED RESPONDENT NO.4 WHICH IS AT ANNEXURE-F WITH
THE RESPECT TO ALAMELA (WARD-09); II) ISSUE A WRIT OF
MANDAMUS, DIRECTING RESPONDENT NO.4 TO SELECT THE
PETITIONER HEREIN FOR THE POST OF ANGANWADI WORKER;
III) PASS ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION AS THIS COURT MAY DEEM FIT TO GRANT IN THE
CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
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HC-KAR
NC: 2026:KHC-K:11412
WP No. 204145 of 2025
CNR: KAHC030165982025
ORAL ORDER
This Writ Petition is filed seeking following prayers:
“i) Issue the writ of certiorari quashing the selection
list passed respondent No.4 which is at Annexure-F
with the respect to Alamela (Ward-09);
ii) Issue a writ of mandamus, directing respondent
No.4 to select the petitioner herein for the post of
anganwadi worker;
iii) Pass any other appropriate writ, order or
direction as this court may deem fit to grant in the
circumstances of the case.”
2. Heard Sri Yashas S. Dikshit, learned counsel for
the petitioner, Sri Mallikarjun Sahukar, learned Additional
Government Advocate for respondent Nos.1 and 3, Smt.
Ratna N. Shivayogimath, learned counsel for respondent
No.4 and Sri Manjunath Ginni, learned counsel for
respondent No.5.
3. The petitioner had applied for appointment to
the post of Anganwadi Worker pursuant to the notification
issued by the respondents. Similarly, the respondent No.5
had applied and after the process was completed, the
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NC: 2026:KHC-K:11412
WP No. 204145 of 2025
CNR: KAHC030165982025
authorities selected the respondent No.5 as Anganwadi
Worker at Alamela (Ward No.9), Sindagi taluk, which is
called in question.
4. This Court on 28.01.2026 issued notice and
granted an interim order as prayed for in the writ petition.
The interim order prayed in the writ petition reads as
under:
“Wherefore, it is most humbly prayed that, this
Hon’ble Court may kindly be pleased to grant an
interim order of stay staying the operation and
execution of the selection list passed by Respondent
No.4, which is at Annexure-F, with respect to
Alamela (Ward-09), in the interest of Justice.”
5. The said interim order was extended from time
to time. On 16.09.2026, this Court had noticed that
statement of objection filed by the respondent No.5 and
passed the following order:
“This Court, vide order dated 28.01.2026 issued notice
and granted interim stay as prayed for, in the writ
petition.
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The respondent No.5 has filed statement of
objections. Paragraphs 2 to 5 of the said statement of
objections reads as under:
“2. The Petitioner obtained a certified copy of
the order dated 28.01.2026 and later
procured/used another copy dated 17.03.2026
with an extraneous sentence inserted:
"It is respectfully submitted that the selection
process of Bismilla has been completed, and she
shall be issued the joining letter within a period of
45 days."
This constitutes making a false document by
material interpolation of a judicial record.
3. The inserted sentence was presented as part
of the judicial order of this Hon'ble Court, though it
was never dictated, recorded, or pronounced in
open Court. The fabricated recital was deliberately
used before Respondent No.4 to create a false
impression that the Court had directed completion
of selection and issuance of joining letter within 45
days.
4. The Petitioner knowingly produced the
interpolated copy before Respondent No.4 to
obtain undue benefit. By deception through the
forged court record, the Petitioner induced
Respondent No.4 to act in a particular manner.
5. The petitioner misrepresenting the record
of this Hon'ble Court before a third party
(Respondent No.4) amounts to scandalising the
Court and interfering with the administration of
justice and constitutes fraud on the Court and on
Respondent No.4, apart from being a cognizable
criminal offence. The copy of the endorsement
dated 23.06.2026 is produced at Annexure-R1.
The Petitioner obtained a certified copy of the
order dated 28.01.2026 and later procured/used
another copy dated 17.03.2026 are produced at
Annexure-R2 and R3, respectively.”
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WP No. 204145 of 2025
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The respondent No.5 has produced a copy of the
interim order issued by the Registry dated 28.01.2026
as Annexure-R2 and also produced copy of the interim
order of the same date as Annexure-R3.
A perusal of the interim order at Annexure-R3
indicates that there is insertion of two lines in the said
order. The respondent No.5, in the aforesaid
paragraphs of the statement of objections, has clearly
averred that there is insertion of a sentence in the
interim order dated 28.01.2026 by fabricating the
interim order and the said interim order was placed
before the Authorities. The allegations made in the
aforesaid paragraphs are serious in nature and the
same requires consideration by initiation of appropriate
proceedings against the persons who are responsible
for such an act.
Hence, the petitioner is issued with a show cause notice
as to why action shall not be taken against him in
accordance with law.
The petitioner shall file a written reply to the aforesaid
show cause notice within a period of 15 days.
The Registrar (Judicial) is directed to place the copy of
the application filed by the learned counsel for the
petitioner for securing the certified copy of the interim
order, in a sealed cover before this Court, on the next
date of hearing.
The learned counsel for the respondent No.4 is directed
to place the original records before this Court on the
next date of hearing along with a copy of the
petitioner’s representation / application so also the
copy of the interim order stated to have been produced
by the petitioner, for further action in the matter.
Re-list on 06.10.2026.
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On the said date, the petitioner is directed to be
present personally before the Court.”
6. On 06.10.2026, this Court passed the following
order:
“Learned counsel Sri Yashas S. Dikshit appearing for
the petitioner submits that he has no contact with the
petitioner. Hence, he has requested learned counsel
Sri K. H. Naik, who is also appearing for the petitioner
in the writ petition to contact the petitioner. However,
they could not contact the petitioner. Hence, they are
unable to file the reply to the earlier order.
2. In view of the aforesaid submission and
taking note of the earlier order, issue bailable warrant
to the petitioner for a sum of Rs.25,000/- (Rupees
Twenty Five Thousand Only) for securing her presence
before this Court on 15.10.2026. The jurisdictional
police shall execute the bailable warrant on or before
the said date of hearing. Registry shall communicate
this order to the Superintendent of Police, Vijayapura
for implementation.
3. Registry has placed the copy of the
application in the sealed cover. The same is ordered to
be kept in safe custody with the Additional Registrar
Judicial.
4. Learned counsel Smt. Ratna N.
Shivayogimath appearing for respondent No.4 submits
that pursuant to the direction of this Court, she has
sent communication to Sri Anil Halli, CDPO, Almel
requesting him to furnish the original records.
However, they have sent the Xerox copies. She further
submits that despite making repeated requests,
originals are not being placed.
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5. Taking note of the conduct of the
concerned CDPO, I am of the view that one more
opportunity needs to be provided to respondent No.4 to
place the original records. It is made clear that if the
original records are not placed, necessary order would
be passed to take action against respondent No.4.
Re-list on 15.10.2026.”
7. Today, learned counsel appearing for the
respondent No.4 has produced the original representation
submitted by the petitioner dated 20.06.2026 along with a
photocopy of the interim order of this Court wherein a
sentence has been added at the end of the interim order
which reads as under:
“It is respectfully submitted that the selection
process of Bismilla has been completed, and she
shall be issued the joining letter within a period of 45
days.”
8. The petitioner is present physically before this
Court along with her husband and states that she has
studied in Urdu language and was unable to write
representation in Kannada. Hence, a person in the office of
the respondent No.4 has written the representation dated
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20.06.2026. However, she is not aware as to who has
produced the tampered interim order.
9. Learned counsel appearing for the petitioner
submits that this matter has been entrusted to him by a
counsel from Vijayapura and based on his instructions,
writ petition was prepared and even the counsel from
Vijayapura who has signed the vakalath also informed the
counsel for the petitioner that he is also not aware as to
how the tampering of the interim order has taken place.
Learned counsel for the petitioner submits that in view of
the aforesaid incident, the petitioner does not intend to
prosecute the writ petition and she regrets the incident
that has occurred.
10. Learned counsel for the petitioner has filed an
affidavit of the petitioner which reads as under:
“AFFIDAVIT
I, Bismilla D/o Mehaboob Hakim Aged about: 32
Years, Occ: Nil, R/o. J M Road, Vijayapur, today at
Kalaburagi, do hereby solemnly affirm and state on
oath as under:
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HC-KAR
NC: 2026:KHC-K:11412
WP No. 204145 of 2025
CNR: KAHC030165982025
1. I am the petitioner in the above case and I am
conversant with the facts and circumstances of the
matter. Hence, I am swearing to this affidavit.
2. I state that I filed the present petition challenging
the selection of respondent No.5 for the post of
Anganwadi Helper.
3. I state that this Hon'ble Court, by order dated
28.01.2026, was pleased to pass an interim order
staying the selection list.
4. I state that I was not aware that the interim order
had been granted, as I had no direct communication
with the advocate.
5. I state that when I went to the office of the PDO
to enquire as to why I had not been selected, I was
asked to sign a paper.
6. I state that I do not know how to write in the
Kannada language and can only read it. I signed the
said paper without knowing its contents.
7. I state that only after the warrant was issued by
this Hon'ble Court I came to know about the alleged
manipulation in the interim order.
8. I state that I have not manipulated the interim
order and have not submitted any letter to which the
alleged manipulated order was affixed. I had only
signed the paper without knowing the contents of the
letter.
9. I state that the alleged act of manipulation in the
interim order, which has been attributed to me, is
deeply regretted. I tender my unconditional apology
for any such act that may have occurred due to
inadvertence.
10. I state that I am ready and willing to withdraw
the present petition. Therefore, this Hon'ble Court
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may kindly be pleased to permit me to withdraw the
petition.
Hence this Affidavit.”
11. I have perused the affidavit. In the affidavit,
petitioner has expressed remorse and expressed deep
regret for the incident and also sought for unconditional
apology. The affidavit of the petitioner is placed on record.
I am of the considered opinion that in view of the
aforesaid affidavit of the petitioner, it may not be
necessary to proceed further in the matter.
12. In view of the aforesaid affidavit, the writ
dismissed
petition is as not pressed. The original records
placed by the respondent No.4 are returned.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
swk
List No.: 1 Sl No.: 29