T O Shilpa vs The State Of Karnataka
2023 Latest Caselaw 7282 Kant

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                                                    NC: 2023:KHC:37661
                                                   WP No. 4120 of 2022




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 13TH DAY OF OCTOBER, 2023

                                     BEFORE
                   THE HON'BLE MR JUSTICE N S SANJAY GOWDA
                    WRIT PETITION NO. 4120 OF 2022 (S-RES)
            BETWEEN:

            1.    T O SHILPA, W/O LATE SURESH K,
                  AGED ABOUT 22 YEARS,
                  R/O KANIVEHALLI, SINGANAHALLI,
                  HOLAKERE TALUK, 5775239,
                  CHITRADURGA DISTRICT.
                                                          ...PETITIONER
            (BY SRI. R SHASHIDHARA., ADVOCATE)

            AND:

            1.    THE STATE OF KARNATAKA
                  REPRESENTED BY UNDER SECRETARY,
                  DEPARTMENT OF WOMEN AND CHILD AND
                  DISABILITY AND EMPOWERMENT OF SENIOR
                  CITIZENS DEPARTMENT,
                  AMBEDKAR VEEDI, BANGALORE-01.

Digitally
signed by   2.    THE CHILD DEVELOPMENT OFFICER
PANKAJA S         CUM MEMBER SECRETARY,
Location:
HIGH              ANGANAWADI ASSISTANTS SELECTION COMMITTEE,
COURT OF
KARNATAKA         HOLALKERE 577526.

            3.    THE DEPUTY DIRECTOR
                  WOMEN AND CHILD DEVELOPMENT DEPARTMENT,
                  CHITRADURGA CUM MEMBER,
                  ANGANAWADI ASSISTANTS,
                  SELECTION COMMITTEE,
                  HOLALKERE 577526.

            4.    THE CHEIF EXECUTIVE OFFICER
                  CKHITRADURGA CUM ASSISTANT,
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                                               NC: 2023:KHC:37661
                                             WP No. 4120 of 2022




     DIRECTOR, ANAGANAWADI ASSISTANTS
     SELECTION COMMITTEE, HOLALKERE 577526.

5.   THE DEPUTY COMMISSIONER
     CHITRADURGA CUM PRESIDENT,
     ANGANAWADI ASSISTANTS,
     SELECTION COMMITTEE,
     HOLALKERE 577526.

6.   DEEPIKA U P, W/O CHETHAN K,
     AGED ABOUT 23 YEARS,
     R/O KANIVEHALLI VILLAGE,
     HOLALKERE TALUK 577539.
                                         ...RESPONDENTS
(BY SMT.PRATHIBHA.R.K., AGA FOR R-1 TO R-5;
    SRI.THIRTHAPPA.K.M., ADVOCATE FOR R-6)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO-QUASH
THE FINAL LIST ISSUED BY THE R2 TO 5 DATED 05.02.2022
VIDE ANNEXURE-J PRODUCED IN THE WRIT PETITION, ETC.

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

                              ORDER

1. In response to a notification calling for applications for

the post of Anganawadi Worker, the petitioner as well as the 6th

respondent made applications.

2. The petitioner submitted an application and claimed

priority on the basis of her being a widow. However, the death

certificate of her husband had not been uploaded along with the

application. As a consequence, her application was not

NC: 2023:KHC:37661 WP No. 4120 of 2022

considered and the 6th respondent was provisionally selected

and objections were called for. In response to the same, the

petitioner filed objections again reiterating that she was a

widow and was hence entitled to be preferred as against the 6th

respondent. This objection has been overruled on the ground

that she had not uploaded the death certificate of her husband

along with her application and therefore, her application could

not be considered.

3. Learned counsel for the petitioner relies upon the

judgment of a Co-ordinate Bench of this Court passed in

W.P.No.14200/2019 disposed off on 05.08.2021, in which, this

Court has taken note of the fact that when the applications

were invited online and the candidates were required to upload

the application online, a woman in a village who has passed

SSLC cannot be expected to be computer literate and they

would have to depend upon the computer center, if available in

the village or neighbouring village. This Court has, therefore,

stated that if there is any discrepancy in uploading the

application, the same has to be viewed liberally.

NC: 2023:KHC:37661 WP No. 4120 of 2022

4. However, learned counsel for the respondent relies on the

judgment of a Co-ordinate Bench of this Court in

W.P.No.25283/2022, which was also in relation to not

uploading of death certificate by which the claim of the

petitioner had been dismissed and this dismissal was based on

the decision rendered by the Apex Court in the case of

KARNATAKA STATE SEEDS DEVELOPMENT CORPORATION

LIMITED Vs. H.L.KAVERI - (2020) 3 SCC 108. In the said

judgment, on the basis of which, a Co-ordinate Bench of this

Court passed an order, the Apex Court had stated that it was

the duty of the eligible candidates to enclose all the necessary

documents and if those documents which were necessary had

not been enclosed, their candidature could not be accepted. It

may be borne in mind that the Apex Court was dealing with the

case in relation to a post of a Junior Assistant, whereas in the

present case, the post in question was Anganawadi Worker.

5. In my view, therefore, ratio laid down by this Court in

W.P.No.14200/2019 which took into consideration the

candidature of an Anganawadi Worker would have to prevail.

Consequently, since it is an undisputed fact that the petitioner

was a widow, the respondents would have to consider the lapse

NC: 2023:KHC:37661 WP No. 4120 of 2022

in not upholding the death certificate liberally and would have

to call upon the petitioner to furnish the death certificate of her

husband and thereafter pass appropriate orders.

6. In the result, the impugned order is quashed and the

respondents are directed to call for the death certificate of her

husband from the petitioner and thereafter consider the same

and pass appropriate orders.

Writ Petition is accordingly allowed.

Sd/-

JUDGE

PKS