Partly allowed

Mrs Shivamma Siddharth Bidari Aliasshivamma Raju Dodamani v. the State of Karnataka

Karnataka HC1 Aug 2024WP/102201/2024

Case brief

AI extract

What is this about?

Petitioner filed a writ petition under Articles 226 and 227 challenging the inclusion of a nominee in a provisional selection list for an Anganawadi Worker post. The Court observed that the list was provisional and objections had not been considered before finalization.

What did the court decide?

Petitioner's objection included in Annexure-G considered and final selection list issued for Kottalagi-IV, Anganawadi Center.

Mrs Shivamma Siddharth Bidari… — Pension and Retirement Benefits | Karnataka HC (2024)

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NC: 2024:KHC-D:10847 WP No. 102201 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 1^ST DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE RAVI V.HOSMANI

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WRIT PETITION NO.102201 OF 2024(S-RES)

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BETWEEN:

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MRS. SHIVAMMA SIDDHARTH BIDARI @ SHIVAMMA RAJU DODAMANI, AGE: 22 YEARS, OCC: PRIVATE, H.NO.611, JANATA PLOT, KOTTALGI, TALUK: ANTHANI, DISTRICT: BELAGAVI.

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…PETITIONER

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(BY SRI VISHWANATH BASAVARAJ SULTANPURI, SRI B.S.SULTANPURI & SRI MAHANTESH S. HIREMATH, ADVOCATES)

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AND:

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka

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THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, M. S. BUILDING, DR. B R AMBEDKAR VEEDHI, BANGALORE – 560 001.

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DEPUTY DIRECTOR, DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, VG8F PLUS G24, SHIVAJI NAGAR, BELAGAVI, KARNATAKA – 590 016.

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DEPUTY COMMISSIONER, DISTRICT COURT COMPOUND, BELAGAVI – 590 001.

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CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, BELAGAVI,

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NC: 2024:KHC-D:10847 WP No. 102201 of 2024

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BEHIND DISTRICT COURT COMPOUND, BELAGAVI – 590 001.

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CDPO, ATHANI, TALUK: ATHANI, DIST: BELAGAVI, PIN CODE: 590 042.

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DISTRICT SOCIAL WELFARE OFFICER, BACKWARD CLASS WELFARE DEPARTMENT, VGH8 PLUS MCQ, NEHRU NAGAR, BELAGAVI, KARNATAKA – 590 010.

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SHALA RAMU BHAJANTRI, AGE: 21 YEARS, OCC: PRIVATE, KOTTALGI, TALUK: ATHANI, DISTRICT: BELAGAVI, PIN CODE: 591 304.

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…RESPONDENTS

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(BY SRI P.N.HATTI, HCGP FOR R1 TO R3, R5 AND R6)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE INDIAN CONSTITUTION, PRAYING TO, QUASH THE IMPUGNED ARBITRARY INCLUSION OF RESPONDENT NO. 6 IN SERIAL NO. 2 OF THE ENTRY PROVISIONAL SELECTION LIST VIDE ANNEXUER-F DATED 07.02.2024 PASSED BY RESPONDENT NO.6 AND TO APPOINT THE PETITIONER OR THE SAID POST OF ANGANWADI WORKER. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.5 AUTHORITY, TO CONSIDER THE OBJECTION MADE BY THE PETITIONER I.E. ANNEXURE – G IN THE INTEREST OF JUSTICE AND ETC.,

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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3 - NC: 2024:KHC-D:10847 WP No. 102201 of 2024

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CORAM: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI)

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Writ Petition is filed challenging provisional selection list at Annexure-F for selection of Anganawadi Worker at KottalagiIV, Anganawadi Center. It is submitted that petitioner has filed objections and respondents have not considered same.

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Learned High Court Government Pleader

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appearing for respondents no.1 to 3, 5 & 6 on advance notice opposes petition and submits that challenge by petitioner to provisional selection list would be premature.

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Heard learned counsel.

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Perusal of impugned selection list indicates that,

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it is provisional selection list. Admittedly petitioner has filed objections to same. As per extant Government guidelines, Committee for Selection would be required to consider objections received against provisional selection list before issuing final selection list. In case, same has not already been done, it would be appropriate to dispose of petition by

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NC: 2024:KHC-D:10847 WP No. 102201 of 2024

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directing respondent no.2 to consider same. In view of

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above, following;

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ORDER

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i. Petition insofar as challenge against provisional selection list is dismissed as being premature.

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ii. Writ petition is disposed of directing respondents to consider petitioner’s objection at Annexure-G against provisional selection list insofar as Kottalagi-IV, Anganawadi Center, if not already considered and to issue final selection list, in accordance with law.

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SD/(RAVI V.HOSMANI) JUDGE

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CT-ASC: List No.: 1 Sl No.: 36

Mrs Shivamma Siddharth Bidari Aliasshivamma Raju Dodamani v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mrs Shivamma Siddharth Bidari Aliasshivamma Raju Dodamani v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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