Petitioner challenged appointment of more meritorious Respondent No.4 as Anganawadi Worker, alleging non-residency. Court noted residence inquiry was already conducted by authorities, dismissing the writ petition.
The petition filed quashing the appointment order was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC-D:7680 WP No. 82304 of 2013
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO.82304/2013(S-RES)
BETWEEN:
SHAMIDABI W/O. MOHAMMEDSAB MITTALKOD, AGE: 27 YEARS, OCC: HOUSEHOLD, R/O: NAVANAGAR, DOTIHAL VILLAGE, TQ: KUSHTAGI, DIST: KOPPAL.
…PETITIONER
(BY SRI P. G. MOGALI, ADVOCATE)
AND:
KOPPAL, TQ AND DIST: KOPPAL.
Digitally signed by V N BADIGER Location: High Court of Karnataka
CHILD DEVELOPMENT, KOPPAL, TQ AND DIST: KOPPAL.
…RESPONDENTS
(BY SRI P.N.HATTI, HCGP FOR R1 TO R3; NOTICE TO R4 IS SERVED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT CERTIORARI QUASHING THE ORDER PASSED BY THE RESPONDENT NO.2
DATED:06.06.2013, IN NO.D.D.K/DWCD/ICD/ANKAAKA/2013-14/ SANKYE.UNIKO/MAMAAE/ICD/ANKAAKA/2013-14 VIDE ANNEXURE-H AND DIRECT THE RESPONDENT NO.1 & 2 TO SELECT THE PETITIONER, TO THE POST OF ANGANAWADI WORKER FOR NAVANAGAR ANGANAWADI CENTRE OF DOTIHAL VILLAGE, IN KUSHTAGI TALUKA AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is by the petitioner, who was one of the applicants for the post of Anganawadi Worker of Navanagar Centre of Dotihal village, challenging the appointment of Respondent No.4 to the said post.
filed statement of objections to the said list. However, Respondent No.4 was appointed to the post. Aggrieved by the same, the petitioner is before this Court.
is that the Respondent No.4 was not the resident of
Navanagar area within which the Anganawadi Center is situated.
as per Annexure-F, in which upon the application filed by the petitioner, the Tahasildar has given an endorsement stating that the petitioner is the resident of Navanagar of Dotihal village and whereas the Respondent No.4 is stated to be the resident of Dotihal Village.
submits that a fresh inquiry needs to be conducted with
regard to the claim of residence made by the Respondent No.4.
or incorrect. Hence, he submits that the petition be dismissed.
Navanagar of Dotihal village as such she was appointed to the said post. The order further reads that in the event if it
was found anytime in future that the information/documents produced by the Respondent No.4 were incorrect and false, her post was subjected to such orders that would be passed including cancellation of appointment.
regard to any falsity of the information furnished by the
Respondent No.4 pertaining to her claim of residence.
SD/JUDGE
SMM/CT-ASC List No.: 1 Sl No.: 2
3 issues framed by the court
Whether a fresh inquiry was necessary regarding the residence of the selected candidate after an enquiry had already been conducted and objections addressed.
Whether the petitioner has shown any material to prove the falsity of information furnished by the appointed respondent regarding her residence.
Whether the appointment of a more meritorious candidate in a recruitment process was lawful.
1 provisions across 1 enactments
Shamidabi W/o. Mohammedsabb Mittalkod
The Deputy Commissioner Koppal
The Deputy Director, The Department of Women and Child Development
The Child Development and Planning Officer
Smt. Shainaz Begaum D/o. Peersab Kolli
M.G.S. Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
