Allowed

Smt. Hoovakka W/O Umesh Olekar v. the Government of Karnataka

Karnataka HC21 Nov 2023WA/100262/2023

Case brief

AI extract

What is this about?

The High Court in Dharwad Bench allowed two writ appeals against an order setting aside the selection of an Anganawadi Worker. The Court upheld the strict requirement of obtaining a residential certificate within one year of application, ruling that the employer is the final judge of qualifications. Consequently, the contempt proceedings were dropped.

What did the court decide?

Order of the learned Single Judge setting aside the selection was set aside; writ appeals allowed; contempt proceedings dropped.

Smt. Hoovakka W/O Umesh Olekar Vs the Government of… — Service and Employment | Karnataka HC (2023)

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NC: 2023:KHC-D:13544-DB WA No. 100481 of 2023 C/W CCC No. 100303 of 2023, WA No. 100262 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 21^ST DAY OF NOVEMBER, 2023

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PRESENT

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THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL

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WRIT APPEAL NO. 100481 OF 2023 (S-RES)

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C/W

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CIVIL CONTEMPT PETITION NO. 100303 OF 2023;

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WRIT APPEAL NO. 100262 OF 2023

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IN WA NO. 100481 OF 2023:

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BETWEEN:

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THE STATE OF KARNATAKA, R/BY ITS CHIEF SECRETARY, DEPARTMENT OF WOMEN & CHILD WELFARE, M.S. BUILDING, BENGALURU-560001.

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SHIVAKUMARHIREMATH Digitallysigned bySHIVAKUMARHIREMATHDate:2023.11.2912:57:29+0530

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THE DEPUTY DIRECTIOR, DEPARTMENT OF WOMEN & CHILD DEVELOPMENT, HAVERI, DISTRICT ADMINISTRATIVE BHAVAN, A. BLOCK, 3^RD FLOOR, DEVGIRI-581110, DISTRICT. HAVERI.

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THE CHILD DEVELOPMENT PROJECT OFFICER, DEPARTMENT OF WOMEN & CHILD DEVELOPMENT, HAVERI-581110.

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… APPELLANTS

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(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE)

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AND:

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SMT. REKHA BASAVANTAPPA TALAWAR W/O PRABHAKAR BASAVANEPPA MYAGERI, AGE. 31 YEARS, R/O AT AND PO KURBGOUNDA, TQ & DIST. HAVERI-581110.

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NC: 2023:KHC-D:13544-DB WA No. 100481 of 2023 C/W CCC No. 100303 of 2023, WA No. 100262 of 2023

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SMT. HOOVAKKA W/O UMESH OLEKAR, AGE. 36 YEARS, R/O AT AND PO KURBGOUNDA, TQ & DIST. HAVERI-581110.

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… RESPONDENTS

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(BY SRI. SRINAND A. PACHCHAOYRE & SMT. PALAVI S. PACHCHAPURE, ADVOCATES FOR RF1; SRI. H.M. DHARIGOND, ADVOCATE FOR R2)

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THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, (A) CALL FOR REASONS IN W.P.NO.100751/2021 (S) AND AFTER EXAMINING THE SAME. (B) ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 23.02.2023 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.100751/2021, IN THE INTEREST OF JUSTICE AND EQUITY.

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IN CCC NO. 100303 OF 2023:

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BETWEEN:

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SMT. REKHA BASAVANTAPPA TALWAR W/O PRABHAKAR BASAVANEPPA MYAGERI, AGE. 31 YEARS, R/O. AT & POST. KURBGONDA, TQ. & DIST. HAVERI-581110.

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… COMPLAINANT

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(BY SRI. SRINAND A. PACHHAPURE, ADVOCATE)

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AND:

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SRI. SRINIVAS ALADATTI, THE DEPUTY DIRECTOR, DEPARTMENT OF WOMEN & CHILD DEVELOPMENT, HAVERI, DISRICT ADMINISTRATION BHAVAN, A BLOCK, 3^RD FLOOR, DEVGIRI, DIST. HAVERI-581110.

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SMT. SHAILA G. KURAHATTI, THE CHILD DEVELOPMENT PROJECT OFFICER, DEPARTMENT OF WOMEN & CHILD DEVELOPMENT, HAVERI-581110.

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NC: 2023:KHC-D:13544-DB WA No. 100481 of 2023 C/W CCC No. 100303 of 2023, WA No. 100262 of 2023

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GOVERNMENT OF KARNATAKA, R/BY ITS PRL. SECRETARY, DEPARTMENT OF WOMEN & CHILD WELFARE, M.S. BUILDING, BENGALURU-01.

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… ACCUSED

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THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA,1950, PLEASED TO EXERCISE ITS JURISDICTION UNDER SECTION 12 OF THE CONTEMPT OF COURTS ACT AND TO INITIATE THE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED NO.1 AND 2 FOR DISOBEDIENCE OF THE ORDER DATED 23/02/2023 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.100751/2021 MARKED AT ANNEXURE-A AND TAKE ACTION IN ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE.

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IN WA NO. 100262 OF 2023:

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BETWEEN:

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SMT. HOOVAKKA W/O UMESH OLEKAR, AGE. 36 YEARS, OCC. ANGANAWADI HELPER, AT KURUBAGOND -35 VILLAGE, R/O. KURUBAGOND VILLAGE, TQ. & DIST. HAVERI-581110.

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… APPELLANT

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(BY SRI. H.M. DHARIGOND, ADVOCATE)

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AND:

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THE GOVERNMENT OF KARNATAKA, R/BY ITS CHIEF SECRETARY, DEPARTMENT OF WOMAN & CHILD WELFARE, M.S. BUILDING, BENGALURU-560001.

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THE DEPUTY DIRECTOR, DEPARTMENT OF WOMAN & CHILD WELFARE DEVELOPMENT, HAVERI, DISTRICT ADMINISTRATION BHAVAN, A BLOCK, 3^RD FLOOR DEVAGIRI, DIST-581110.

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THE CHILD DEVELOPMENT PROJECT OFFICER, DEPARTMENT OF WOMAN & CHILD DEVELOPMENT,

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NC: 2023:KHC-D:13544-DB WA No. 100481 of 2023 C/W CCC No. 100303 of 2023, WA No. 100262 of 2023

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HAVERI -581110.

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SMT. REKHA BSAVANTHAPPA TALAWAR W/O PRABHAKAR BASAVANEPPA MYAGERI, AGE. 31 YEARS, R/O AT AND POST KURUBAGOND VILLAGE, TQ & DIST. HAVERI-581110.

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… RESPONDENTS

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(BY SRI. SRINAND A. PACHCHAPURE, ADVOCATE FOR C/R4; SRI. G.K. HIREGOUDAR, GA FOR RF1-R3)

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THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, ALLOW THE APPEAL AND SETASIDE THE ORDER DATED 23.02.2023 PASSED IN WRIT PETITION IN W.P.NO.100751/2021 PASSED BY THE LEARNED SINGLE JUDGE AND DISMISS THE WRIT PETITION FILED BY THE 4TH RESPONDENT IN THE INTEREST OF JUSTICE AND EQUITY.

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THESE APPEALS AND PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, S.SUNIL DUTT YADAV, J., MADE THE FOLLOWING:

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JUDGMENT

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The appellant-State in W.A.No.100481/2023 has

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called in question the correctness of the order passed in W.P.No.100751/2021, wherein, the petition filed by the respondent No.1 in the writ appeal challenging the selection of the respondent No.2 in the writ appeal came to be allowed and the final list of selected candidates dated 15.02.2021 and the endorsement dated 18.02.2021

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issued to the respondent No.1 came to be set aside.

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5 - NC: 2023:KHC-D:13544-DB WA No. 100481 of 2023 C/W CCC No. 100303 of 2023, WA No. 100262 of 2023

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In Writ Appeal No.100262/2023, the appeal is filed by the selected candidate i.e. Smt. Hoovakka W/o Umesh Olekar, challenging the order passed in W.P.No.100751/2023, whereby, the selection of Smt. Hoovakka came to be set aside. In the light of the identical challenge to the order in W.P.No.100751/2021, both the writ appeals are taken up together and disposed of by a common order.

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The parties are referred to as per their rank before the learned Single Judge for the purpose of convenience.

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The petitioner had challenged the selection list, as well as the endorsement rejecting her application on the ground that, the residential certificate produced by the petitioner was dated 16.02.2019 and was not obtained within a year of the notification for recruitment as stipulated under the relevant cause of the notification dated 11.08.2020. The petitioner had primarily contended that, the caste certificate at Annexure-B was valid for

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6 - NC: 2023:KHC-D:13544-DB WA No. 100481 of 2023 C/W CCC No. 100303 of 2023, WA No. 100262 of 2023

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three years and accordingly the endorsement was not tenable in law in rejecting the application of the petitioner. The petitioner further submits that, they have sought for an additional residential certificate and the same came to be rejected on the ground that the applicant had already obtained a valid residential certificate. The copy of the said

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order rejecting the application for a fresh residential certificate vide order dated 23.11.2020 is relied upon.

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Learned Government Advocate Sri. G.K.Hiregoudar and Sri. H.M.Dharigond on behalf of the selected candidate who was arrayed as the respondent in the writ petition would however contend that, the notification has to be strictly adhered to. Learned Government Advocate submits that, Clause 3 of the notification states that, mandatorily the residential certificate has to be obtained within one year of the date of the residential certificate and there cannot be any relaxation for the same and he relies upon general guidelines relating to appointing of Anganawadi Workers

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and Assistants dated 19.04.2014 and submits that, the requirement of the applicant of being a local resident is sought to be taken care of by condition No.3 which mandates that, the residential certificate within one year is required to be obtained.

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It is submitted that, if an older certificate is obtained in time i.e. outer limit of one year and within three years, as is normally the prevalent condition there could be a candidate who has shifted place relying on the older residential certificate which would result in a selection contrary to the guidelines which requires a candidate to be a local resident.

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Reliance is also placed on the Judgment passed in W.A.No.544/2020, wherein it is submitted that the coordinate Bench has clearly held that the Rule must be given effect to.

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Perused the order of the learned Single Judge.

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8 - NC: 2023:KHC-D:13544-DB WA No. 100481 of 2023 C/W CCC No. 100303 of 2023, WA No. 100262 of 2023

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Learned Single Judge has taken note of the validity of the residential certificate for three years which is a condition printed on the certificate at Annexure-B itself and has held that, once the residential certificate of the petitioner was valid for three years, the condition imposed in obtaining the certificate within one year cannot be ought to be read down.

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Learned Single Judge has also taken note of the endorsement at Annexure-H which was issued subsequent to the application wherein, the application of the petitioner for fresh residential certificate came to be rejected on the ground that, the petitioner has already possessed a residential certificate.

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Heard both sides.

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It must be noticed that, the condition relating to residential certificate in the notification dated 11.08.2020 is found at Clause 3. We have also perused the guidelines relating to appointment of Anganawadi Workers and

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NC: 2023:KHC-D:13544-DB WA No. 100481 of 2023 C/W CCC No. 100303 of 2023, WA No. 100262 of 2023

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Assistants dated 19.04.2014. Clause I (2) of the said guidelines reads as follows:

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“I(2) CAUÀ£ÀªÁr PÁAiÀÄðPÀvÉð/¸ÀºÁAiÀÄQAiÀÄgÀ DAiÉÄÌUÉ ¸ÀÜ½ÃAiÀÄgÁVgÀ¨ÉÃPÀÄ.”

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Clearly a perusal of clause 3 of the notification

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and guidelines at Clause I (2) requires to be interpreted collectively.

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The condition while appointing an Anganawadi

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Worker is that the applicant must be a local person. It is in the light of such condition which is required, it is stipulated that as on the date of making of the application the State appears to have insisted for residential certificate obtained in the preceding one year prior to the date of application as is evident from condition No.3 of the notification.

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This appears to be intention and the Courts cannot

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sit in appeal over such requirement. No doubt, the residential certificate may be valid for three years under the normal Rule, however, where a notification is passed in a particular context requiring different yardstick to be

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applied regarding validity of the residential certificate, the same ought to be accepted as the Court cannot interfere with the prescription of requirement/qualifications in recruitment notifications. No doubt, the petitioner has obtained an endorsement copy of which is produced at Annexure-H on 23.11.2020, whereby, the petitioner having applied for fresh residential certificate endorsement is issued rejecting such application on the ground that the petitioner already possessed a residential certificate. However, such endorsement is subsequent to the last date for filing application as stipulated in the notification. If such a endorsement was produced as on the date of the filing of the application and was enclosed along with the residential certificate at Annexure-B, the result perhaps would have been different.

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Taking note of the law laid down by the Division

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Bench in Writ Appeal No.544/2020 it is to be noticed that the Division Bench interpreting Domicile Certificate has

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NC: 2023:KHC-D:13544-DB WA No. 100481 of 2023 C/W CCC No. 100303 of 2023, WA No. 100262 of 2023

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observed that the condition imposed in the notification has

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to be interpreted strictly and cannot be relaxed.

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We are in agreement with the said stand which

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is the reiteration of the settled principle that the employer is the final Judge relating to interpretation of qualification prescribed in the notification.

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Accordingly, we find that, the learned Single Judge has erred in not noticing the object and intent behind the requirement of residential certificate within a year.

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Accordingly, we find that, the condition in the notification cannot be read down as has been resorted to by the learned Single Judge and in light of the above discussion set aside the order of the learned Single Judge while upholding the selection of the respondent No.2. Accordingly, the writ appeals are allowed. Consequently, in the light of allowing of the writ appeals, the contempt

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petition does not survive for consideration and the proceedings are dropped.

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It is necessary to make an observation that

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where any person who is the holder of the residential certificate which is valid for three years under the normal rules approaches the authority for issuance of fresh residential certificate during the period of validity of the certificate in light of the requirement when applying to the post of Anaganwadi Worker, the Tahasildar is required to process such applications. In light of such requirement, the State is directed to issue clarification for issuance of residential certificate wherever such certificates are sought for within valid period of three years in the light of the notifications such as those relating to selection of Anganawadi Workers. Copy of this order to be sent to the Secretary Department of Child Welfare, Government of Karnataka, for perusal and necessary action.

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