01Facts
Respondent No. 4 invited applications for an Anganwadi Worker post at Muchlamba Village. The petitioner and respondent No. 5 applied, and respondent No. 5 was selected.
The petitioner objected that respondent No. 5 was not a resident of Muchlamba and relied on documents suggesting residence elsewhere. The authorities produced records, including respondent No. 5’s residence certificate dated 4 October 2021, and an enquiry report stating that she was a resident of Muchlamba.
pp. 4–6The petitioner challenged the final selection list dated 1 March 2025 insofar as it selected respondent No. 5.
pp. 2–402Issues
i.1. Whether respondent No. 5’s selection could be sustained on the basis of her residence certificate dated 4 October 2021, having regard to the requirement to establish residence for the prescribed period.
pp. 6–7ii.2. Whether the petitioner was entitled to have her candidature considered for the Anganwadi Worker post after respondent No. 5’s selection was set aside.
p. 703Law Applied
The Government Order dated 3 December 2022 and notification dated 5 January 2024 required applicants to produce a residence certificate evidencing residence for three years before the notification was issued.
p. 6The Court held that applicants must produce the requisite certificate in accordance with the applicable guidelines and Government Orders; the authorities could not cure the deficiency through a subsequent enquiry following a complaint.
p. 6No statute or judicial precedent was cited.
04Reasoning
The Court found that respondent No. 5 relied on a residence certificate issued on 4 October 2021, which did not meet the requirement of evidencing residence for the three years preceding the notification of 5 January 2024.
p. 7Although an enquiry report stated that respondent No. 5 was a resident of Muchlamba, the Court held that such an enquiry could not substitute for the certificate required under the applicable rules.
pp. 6–7The selection was therefore unsustainable, while the petitioner’s candidature remained subject to the prescribed eligibility requirements.
p. 805Holding
The petition was allowed, and the final selection list dated 1 March 2025 was quashed insofar as it concerned respondent No. 5.
p. 7Respondent No. 4 was directed to consider the petitioner’s candidature for the post within three months of receiving the order, subject to the prevailing guidelines and Government Orders. No order was made as to costs.
p. 8Original Court PDF
PRIYANKAvsTHE STATE OF KARNATAKA
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
