Karnataka High Court
Kumari Tara D/O Iranna Binnal vs The Deputy Commissioner on 11 March, 2025
Author: S G Pandit
Bench: S G Pandit
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NC: 2025:KHC-D:4591-DB
WA No. 100113 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 11TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT APPEAL NO.100113 OF 2025 (S-RES)
BETWEEN:
KUMARI TARA D/O. IRANNA BINNAL,
AGE. 19 YEARS, OCC. ANGANAWADI WORKER,
R/O. NEERALAGI, TQ. AND DIST. KOPPAL,
PIN-583231.
...APPELLANT
(BY SRI ANAND R.KOLLI, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER,
THE CHAIRMAN OF THE COMMITTEE
FOR THE RECRUITMENT OF ANGANAWADI
WORKERS AND ANGANAWADI ASSISTANTS,
KOPPAL, TQ. DIST. KOPPAL, PIN-583231.
2. THE DEPUTY DIRECTOR,
THE DEPARTMENT OF WOMEN AND
CHILD DEVELOPMENT, KOPPAL,
ASHPAK
KASHIMSA
TQ. AND DIST. KOPPAL, PIN-583231.
MALAGALADINNI
Digitally signed by
3. THE CHILD DEVELOPMENT AND
ASHPAK KASHIMSA
MALAGALADINNI
Location: HIGH COURT
PLANNING OFFICER, KOPPAL,
OF KARNATAKA
DHARWAD BENCH TQ. AND DIST. KOPPAL,
PIN-583231.
4. KUMARI NINGAMMA
D/O. ANDAPPA ANGADI,
AGE. 28 YEARS, OCC. HOUSEHOLD WORK,
R/O. NEERALAGI, TQ. AND DIST. KOPPAL,
PIN-583231.
...RESPONDENTS
(BY SRI G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1 TO R3;
SRI P.G. MOGALI, ADVOCATE FOR C/R4)
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NC: 2025:KHC-D:4591-DB
WA No. 100113 of 2025
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE
ORDER DATED 23.09.2024 PASSED BY THE SINGLE JUDGE OF THIS
COURT IN W.P.NO.86078/2013 THE APPELLANT/RESPONDENT 4 IN
THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT IS DELIVERED THEREIN UNDER:
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE S G PANDIT)
This intra-court appeal filed under Section 4 of the
Karnataka High Court Act, 1961 is directed against the order
dated 23.09.2024 passed in W.P. No.86078/2013, wherein the
appellant's selection to the post of Anagawadi worker of
Neeralagi Anganawadi Centre No.3 is quashed with a direction
to redo the selection insofar as the post of Anganawadi Worker,
Neeralagi Anganawadi Centre No.3.
2. Heard Sri. Anand R.Kolli learned counsel for the
appellant, Sri. G.K.Hiregoudar, learned Government Advocate
for respondents No.1 to 3, and Sri. P.G.Mogali, learned counsel
for respondent No.4/writ petitioner
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3. Parties would be referred to as per their rank before
the Writ Court. The appellant was respondent No.4, and
respondent No.4 herein was the petitioner before the Writ
Court.
4. The petitioner and respondent No.4 herein applied
for the post of Anganawadi Worker at Neeralagi Anganawadi
Centre No.3. After selection process, the 4th respondent was
selected and appointed as Angawadi worker. Challenging the
said selection and appointment, the petitioner was before this
Court in W.P. No.86078/2013. The learned Single Judge
considering the rival contentions set aside the impugned order
of appointment of the 4th respondent as Anganawadi worker to
Neeralagi Anaganawadi Centre with a direction to redo the
selection.
5. Learned counsel for the appellant would submit that
the order of the learned Single Judge is opposed to the material
on record and he, further submits that the selecting authority
has not conducted any enquiry before arriving at the conclusion
that the petitioner suffered from 75% disability. It is his
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submission that only to favour the 4th respondent, the
respondents have come to the above conclusion.
6. On the other hand, learned Government Advocate
would support the order of the learned Single Judge and he
submits that, as directed by the learned Single Judge, selection
would be redone taking into consideration the observations of
the learned Single Judge.
7. Sri. P.G.Mogali, learned counsel for respondent
No.4/writ petitioner would support the order of the learned
Single Judge and prays for dismissal of the writ petition.
8. It is not in dispute that the petitioner as well as
respondent No.4 applied for post of Angawadi Worker at
Neeralagi Anganawadi Centre No.3. It is also an admitted fact
that respondent No.4 was selected and appointed as
Anganawadi Worker to Neeralagi Anganawadi Centre No.3. The
learned Single Judge finding fault with the procedure adopted
during the selection process to find out the disability and
conducting of spot inspection, has rightly allowed the writ
petition with a direction to redo the selection insofar as
Angawadi worker of Neeralagi Anganawadi Centre No.3. It is
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also rightly observed by the learned Single Judge that by
conducting spot inspection, percentage of disability cannot be
assessed and the authority shall have to place reliance on the
certificate issued by the District Surgeon or the competent
authority.
9. In the light of the above, we do not find any
illegality in the order passed by the learned Single Judge. There
is no merit in the appeal. Accordingly, the writ appeal is
rejected.
Till selection process is redone, as directed by the learned
Single Judge, appellant/respondent No.4 shall continue at
Neeralagi Anganawadi Centre.
Pending I.As. do not survive for consideration and are
disposed of accordingly.
Sd/-
(S G PANDIT)
JUDGE
Sd/-
(C.M. POONACHA)
JUDGE
KMS
