Karnataka High Court
Renuka D/O Sadashivappa vs The State Of Karnataka And Ors on 30 July, 2024
Author: S. Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
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NC: 2024:KHC-K:5472-DB
WA No. 200018 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 30TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
WRIT APPEAL NO. 200018 OF 2023 (S-RES)
BETWEEN:
SMT. RENUKA
D/O SADASHIVAPPA,
AGED ABOUT 33 YEARS,
OCC: ANGANAWADI WORKER,
R/O YERMASALA VILLAGE,
TQ. DEVDURGA,
DIST. RAICHUR- 584 111
...APPELLANT
(BY SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE)
Digitally signed
by SUMITRA AND:
SHERIGAR
Location: HIGH
COURT OF 1. THE STATE OF KARNATAKA
KARNATAKA REPRESENTED BY ITS SECRETARY,
DEPT. OF WOMEN AND
CHILD DEVELOPMENT,
M.S. BUILDING,
BANGALORE -560 001.
2. THE DEPUTY DIRECTOR
WOMEN AND CHILD DEVELOPMENT
DEPARTMENT, RAICHUR,
TQ. AND DIST. RAICHUR -584 101.
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NC: 2024:KHC-K:5472-DB
WA No. 200018 of 2023
3. THE CHILD DEVELOPMENT OFFICER
DEVDURGA NARGUND ROAD,
DEVDURGA,
TQ. DEVDURGA,
DIST. RAICHUR -584 111.
4. SMT. LAXMI D/O MAREPPA
W/O LATE RAMAPPA
AGE: 34 YEARS, OCC: NIL,
R/O YERMASALA VILLAGE,
POST: DEVDURGA,
TQ. DEVDURGA,
DIST. RAICHUR -584 111.
...RESPONDENTS
(BY SRI MALLIKARJUN C. BASAREDDY, G.A. FOR R1 TO R3;
SRI VENKATESH C. MALLABADI, ADV. FOR R4)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THIS WRIT
APPEAL AND SET-ASIDE THE ORDER DATD 20.09.2022
(CORRECTED VIDE COURT ORDER DATED 23.11.2022) PASSED
IN W.P. NO.202369/2021 (S-RES), BY THE SINGLE JUDGE,
CONSEQUENTLY DISMISS THE WRIT PETITION FILED BY THE
PETITIONER/RESPONDENT NO.4.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV)
1. The parties are referred to by their ranks in the writ proceedings.
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2. The respondent No.4 has called in question the correctness of the order of the learned Single Judge passed in WP No.202369/2021, wherein the learned Single Judge had set aside the Final Selection List - Annexure-E, where the appellant herein Smt. Renuka, who is 4th respondent before the learned Single Judge, was selected. There was further direction to consider the case of the petitioner afresh in accordance with law insofar as the post of Anganwadi Worker is concerned.
3. It is noticed that writ appeal was filed on 11.01.2023 and during the pendency of the writ appeal proceedings, after re-consideration pursuant to the order of the Single Judge, the State Authorities have issued an endorsement dated 15.03.2023 stating that the Certificate of SSLC obtained from the Open University by the respondent in the present case was not recognized and accordingly her selection could not be considered. In light of the same, the Selection List of the 4th respondent is to be affirmed. It is noticed that the endorsement dated 15.03.2023 not having been challenged the Selection List at annexure - E produced in the writ proceedings required to be affirmed.
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4. However, all contentions are kept open as the appeal is being rejected on the sole ground of subsequent event on endorsement dated 15.03.2023 having been issued.
5. Accordingly, the appeal is disposed off.
Sd/-
(S. SUNIL DUTT YADAV) JUDGE Sd/-
(RAMACHANDRA D. HUDDAR) JUDGE SBS List No.: 1 Sl No.: 37 CT;BN