Petitioner challenged selection of respondent no.5 as Anganawadi Worker, claiming entitlement to appointment after the selectee's resignation. The court held the petitioner admitted being lower in merit and resignation did not confer any right; writ petition dismissed as misconceived.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
WRIT PETITION NO.105177 OF 2024 (S-RES)
BETWEEN:
RENUKA SAUNSHI S/O. SHEKHAPPA HAVERI, AGED ABOUT 37 YEARS, OCC: NIL, R/O: HOUSE NO. 202, 1ST WARD, JANATHA PLOT, DASANAHALLI VILLAGE, TALUK: HUVINHADAGALI, DIST: VIJAYANAGAR – 583 201.
…PETITIONER
(BY SRI ANAND R. KOLLI, ADVOCATE)
AND:
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka
NC: 2024:KHC-D:12737 WP No. 105177 of 2024
…RESPONDENTS
(BY SRI P.N. HATTI, HCGP FOR RESPONDENTS)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER PASSED BY RESPONDENT NO.3 AUTHORITY BEARING NO�� � � ������ � � � ������ � ��� �� ����� ������ DATED 29-09-2022 VIDE ANNEXURE-E, IN THE INTEREST OF JUSTICE AND EQUITY. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.3 AUTHORITY TO ISSUE APPOINTMENT ORDER TO THE PETITIONER FOR THE POST OF ANGANAWADI WORKER PERTAINING TO DASANAHALLI VILLAGE OF HUVINAHADAGALI TALUK, DIST VIJAYANAGAR, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
Challenging order dated 29.09.2022 at Annexure-E passed by respondent no.3 and seeking for mandamus directing respondent no.3 to issue appointment order to petitioner as Anganawadi Worker of Dasanahalli Anganawadi Centre, this writ petition is filed.
NC: 2024:KHC-D:12737 WP No. 105177 of 2024
Anganawadi Worker was now vacant. Since, petitioner was next
in line, she was entitled to be allotted.
to 4 on advance notice sought to oppose petition. It was submitted, writ petition was filed after delay as impugned order was passed about two years ago and there was no bonafide.
record.
may have resigned would not give any right to petitioner to challenge selection and seek appointment order.
Writ petition is totally misconceived and it is dismissed
as such.
Sd/(RAVI V.HOSMANI) JUDGE
AV CT-ASC List No.: 1 Sl No.: 26
1 issue framed by the court
Whether a candidate second in merit could challenge selection of a more meritorious Anganawadi Worker on ground that selectee later resigned.
1 provisions across 1 enactments
Renuka Saunshi S/o Shekhappa Haveri
The State of Karnataka, Department of Child and Women Development
The Deputy Director, Women and Child Development Department, Vijayanagar
The Deputy Director and Member Office of the Project Officer, Department of Women and Child Development, Huvinhadagali
Department of Women and Child Development, represented by Child Development Project Officer, Huvinhadagali
Smt. Savitha Yallappa Hubballi
Ravi V. Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
