Dismissed

M.K.Shailaja W/O Anil Kumar, v. the Deputy Commissioner

Karnataka HC7 Dec 2023WP/81892/2013

Case brief

AI extract

What is this about?

In a writ petition challenging the appointment of an Anganawadi Worker, the Court observed that preference must be given to Below Poverty Line candidates. Lacking a BPL claim, the petitioner had no locus standi, and the appointment was upheld.

What did the court decide?

Writ petition dismissed as the petitioner lacks locus standi to challenge the appointment of a Below Poverty Line respondent.

M.K.Shailaja W/O Anil Kumar, Vs the Deputy… — Service and Employment | Karnataka HC (2023)

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NC: 2023:KHC-D:14396 WP No. 81892 of 2013

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 7^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

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WRIT PETITION NO. 81892 OF 2013 (S-RES)

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BETWEEN:

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SMT. M. K. SHAILAJA W/O. ANIL KUMAR, AGE: 26 YEARS, OCC: HOUSE HOLD, R/O: DASHAMAPURA, TQ: H. B. HALLI, DIST: BELLARY.

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…PETITIONER

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(BY SRI T. HANUMAREDDY, ADVOCATE)

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AND:

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THE DEPUTY COMMISSIONER, BELLARY DISTRICT AND CHAIRMAN ANGANAWADI WORKERS AND

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HELPERS SELECTION COMMITTEE, BELLARY.

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MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2023.12.13 11:12:45 +0530

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THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYATH, BELLARY AND VICE-CHAIRMAN, ANGANAWADI WORKERS AND HELPERS SELECTION COMMITTEE, BELLARY.

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THE DEPUTY DIRECTOR, DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, BELLARY, AND MEMBER ANGANAWADI WORKERS AND HELPERS SELECTION COMMITTEE, BELLARY.

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THE EXECUTIVE OFFICER, TALUKA PANCHAYATH AND MEMBER ANGANAWADI, WORKERS AND HELPERS SELECTION COMMITTEE, BELLARY. R/O: H.B.HALLI, DIST: BELLARY.

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2 - NC: 2023:KHC-D:14396 WP No. 81892 of 2013

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THE MEDICAL OFFICER AND TALUKA HEALTH AND FAMILY WELFARE OFFICER AND MEMBER ANGANAWADI WORKERS, AND HELPERS SELECTION COMMITTEE, BELLARY, R/O: H. B. HALLI, DIST: BELLARY.

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THE TALUKA SOCIAL WELFARE OFFICER, H. B. HALLI AND MEMBER ANGANAWADI WORKERS AND HELPERS SELECTION COMMITTEE, BELLARY. R/O: H.B.HALLI, DIST: BELLARY.

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THE CHILD DEVELOPMENT AND PROJECT OFFICER (CDPO), MEMBER ANGANAWADI WORKERS AND HELPERS SELECTION COMMITTEE, BELLARY, R/O: H.B.HALLI, DIST: BELLARY.

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SMT. AMBAMMA W/O. LATE MALLIKARJUNA, AGE: MAJOR, OCC: HOUSEHOLD, R/O: DASHAMAPURA, TQ: H.B.HALLI, DIST: BELLARY.

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…RESPONDENTS

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(BY SMT. KIRTILATA R. PATIL, HCGP FOR RESP. NO. 3, 5, 6 & 7, SRI. LAXMAN T. MANTAGANI, ADV. FOR RESPONDENT NO.8), (NOTICE TO RESPONDENT NO.2 AND 4 ARE SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT BY QUASHING THE IMPUGNED APPOINTMENT OF RESPONDENT NO.8, CONSEQUENT COMMUNICATION LETTER BY SELECTION COMMITTEE LETTER BEARING NO.U.NI.BA/MA.MA.A.E/AM.SA/AIKE/2013-14/836 DATED 17/05/2013 PRODUCED AS ANNEXURE-G AS ILLEGAL CAPRICIOUS, AND CONSEQUENTLY SET ASIDE THE APPOINTMENT OF RESPONDENT NO.8 FOR THE POST OF HELPER TO ANGANWADI WORKER OF DASHAMAPURA-4 IN H.B. HALLI TALUK AND DIST BELLARY AND ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 TO 7 BEING THE SELECTION COMMITTEE FOR THE POST OF HELPER OF ANGANWADI WORKER OF DASHAMAPUR-4 IN H.B. HALLI TALUK AND DIST BELLARY TO APPOINT THE PETITIONER TO THE POST OF HELPER TO ANGANWADI WORKER OF DASHAMAPUR-4 IN H. B. HALLI TALUK AND DIST BELLARY.

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- 3 - NC: 2023:KHC-D:14396 WP No. 81892 of 2013

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard the learned counsel for the petitioner and learned

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HCGP for respondents No.3 and 5 to 7 as well as learned counsel for respondent No.8.

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The petitioner has questioned the appointment of respondent No.8 as Anganawadi Worker to Dashamapura Anganawadi Centre. The petitioner claims that she has secured more marks than the 8^th respondent as she has eligible qualification of S.S.L.C. as such she is eligible to be appointed as Anganawadi Worker in place of respondent No.8.

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Learned counsel for the 8^th respondent would contend that the 8^th respondent is falling under the category of ‘Below Poverty Line’ and her annual family income was Rs.11,000/-. To substantiate his contention, learned counsel would refer to Annexure-R4, the Income Certificate and Annexure-R5, the BPL ration card of the 8^th respondent.

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Learned HCGP submits that Annexure-R5 would reveal

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that the 8^th respondent is coming under the Below Poverty Line

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4 - NC: 2023:KHC-D:14396 WP No. 81892 of 2013

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category. It is also required to be noticed that, in terms of the eligibility criteria fixed for appointing the Anganawadi Worker, the preference is to be given to the person coming under the Below Poverty Line category.

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The eligibility criteria for appointing for the post of Anganawadi Worker is marked at Annexure-A. One of the conditions is that the applicant should be under Below Poverty Line category and if such applicant is not available, then the person coming under the Above Poverty Line is to be considered. Since, the petitioner is not making a claim that she is coming under the Below Poverty Line, and as respondent No.8 is coming under the Below Poverty Line, the petitioner has no locus standi to question the appointment of respondent No.8. This Court does not find any error in appointing the 8^th respondent as an Anganawadi Worker.

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Accordingly, writ petition is dismissed.

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CKK/ct-an List No.: 2 Sl No.: 12

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Sd/JUDGE

M.K.Shailaja W/O Anil Kumar, v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

M.K.Shailaja W/O Anil Kumar, v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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