Karnataka High Court
Ambuja vs The State Of Karnataka And Ors on 21 March, 2025
Author: K Natarajan
Bench: K Natarajan
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WA NO.200257 OF 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS 21ST DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR. JUSTICE K NATARAJAN
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT APPEAL NO. 200257 OF 2024
BETWEEN:
SMT. AMBUJA
S/O SHIVAKUMAR @ SHIVANAND
AGED ABOUT 31 YEARS, OCC: NILL,
R/O KOTTARGA, TQ: KAMALAPUR,
DIST: KALABURAGI.
...APPELLANT
(BY SRI RAVI B. PATIL, ADVOCATE)
AND:
Digitally signed
by RAMESH
MATHAPATI 1. THE STATE OF KARNATAKA,
Location: HIGH THROUGH ITS SECRETARY
COURT OF
KARNATAKA DEPARTMENT OF WOMEN AND CHILD WELFARE,
M.S. BUILDING,
BENGALURU - 560001.
2. THE SELECTION COMMITTEE OF
ANGANAWADI WORKERS AND ASSISTANTS
AND REPRESENTED BY ITS PRESIDENT,
DEPUTY COMMISSIONER, KALABURAGI
KALABURAGI - 585102.
3. CO-PRESIDENT,
THE SELECTION COMMITTEE OF
ANGANAWADI WORKERS AND ASSISTANTS
CHIEF EXECUTIVE OFFICER,
ZILLA PANCHAYAT,
KALABURAGI - 585102.
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WA NO.200257 OF 2024
4. THE DEPUTY DIRECTOR OF
WOMEN AND CHILD DEVELOPMENT
KALABURAGI - 585102.
5. MEMBER SECRETARY AND
CHILD DEVELOPMENT PROJECT OFFICER,
TQ: ALAND,
DIST: KALABURAGI - 585102.
6. SMT. SUDHA W/O MANJUNATH METRE
AGED ABOUT 35 YEARS,
OCC: HOUSEHOLD,
R/O KOTTARGA, TQ: ALAND,
DIST: KALABURAGI.
...RESPONDENTS
(BY SRI SHIVAKUMAR TENGLI, AGA FOR R1 TO R5;
SRI SANTOSH H. PATIL, ADV. FOR R6)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
ORDER IMPUGNE DATED 27.06.2024 PASSED IN WRIT
PETITION NO.202250/2023 CONSEQUENTLY TO DISMISS THE
WRIT PETITION IN ENTIRETY.
THIS WRIT APPEAL HAVING BEEN HEARD AND RESERVED
FOR JUDGMENT, COMING ON FOR "PRONOUNCEMENT OF
JUDGMENT" THIS DAY, THE COURT, PRONOUNCED THE
FOLLOWING:
CORAM: HON'BLE MR. JUSTICE K NATARAJAN
AND
HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
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WA NO.200257 OF 2024
CAV JUDGMENT
(PER: HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL)
This intra Court appeal is filed challenging the order
of the learned Single Judge dated 27.06.2024 passed in
W.P.No.202250/2023 (S-RES), wherein the writ petition
filed by the respondent No.6 was allowed.
2. Brief facts leading to the filing of this appeal are
that, the official respondents have invited the applications
for the post of Anganawadi Helpers. Pursuant to the same,
the appellant and respondent No.6 applied for the post of
Anganawadi Helper at Mallappanwadi Anganawadi Center.
The authorities on the receipt of the said applications
issued the list of eligible candidates. The respondent No.6
was found eligible while the appellant was not found
eligible for the said post. The Appellant filed objections to
the provisional list. The authorities considered the case of
the appellant and the selection committee took a decision
to appoint the appellant based on merit and appointment
order came to be issued on 05.01.2023. The respondent
WA NO.200257 OF 2024
No.6 challenged the appointment of the appellant in the
writ petition.
3. The appellant and the authorities defended the
action of appointment of the appellant as an Anganawadi
Helper at Mallapanwadi Anganawadi Center on the ground
that the appellant is more meritorious than the respondent
No.6. The learned Single Judge considered the rival
contentions and recorded the finding that, if any of the
documents are not submitted along with the online
applications, such applications are liable to be rejected as
per the selection guidelines. There is neither a provision to
relax the norms of selection nor for an acceptance of
certificates subsequently. Learned Single Judge set aside
the appointment of the appellant and consequently
directed the authorities to consider the candidature of
respondent No.6 to the said post. Being aggrieved, this
appeal is filed.
4. Sri. Ravi. B.Patil, learned counsel appearing for
the appellant submits that the appellant is admittedly
WA NO.200257 OF 2024
more meritorious than the respondent No.6. It is
submitted that the appellant filed an application for the
selection to the post of Anganawadi Helper well within the
time limit but due to a technical snag, the appellant could
not upload the residential certificate. However, the
application indicates that the residential certificate number
which was obtained by the appellant was much prior to the
filing of an application and the said aspect has been
considered by the authorities while issuing the
appointment order. It is submitted that the appellant
immediately sent a communication dated 25.02.2022,
informing that due to a technical snag, she could not
upload the residential certificate. These aspects have not
been considered by the learned Single judge in the proper
perspective. It is further submitted that the defect in the
application is a curable defect and based on such defect,
the candidature of the appellant cannot be rejected. In
support of his submissions, he placed reliance on the
following decisions;
WA NO.200257 OF 2024
(1) Smt. Purad Netravathi Vs. The Joint
Director, (ICDF) Department of Woman
and Child Welfare Department, Bengaluru
and Others1
(2) Miss. Kavitha S.S. Vs. The State of
Karnataka and Others 2
(3) Smt. Smitha M. K. Vs. The State of
Karnataka and Others3
(4) Dolly Chhanda Vs. Chairman, JEE and
Others 4
Hence, he seeks to allow the appeal.
5. Per contra, Sri. Santosh H.Patil, learned counsel
appearing for the respondent No.6, supports the impugned
order of the learned Single judge and submits that the
appellant admittedly did not upload the residential
certificate along with the online application and the
application was incomplete and as per the guidelines the
incomplete application is liable to rejected. It is further
W.A.No.100285/2017 (S-RES) D.D. 09.08.2017
W.P.No.5336/2019 (S-RES) D.D. 03.09.2021
W.P.NO.58008/2018 (S-RES) D.D. 17.11.2022
(2005) 9 SCC 779
WA NO.200257 OF 2024
submitted that the learned Single Judge has noted the
violation of the selection guidelines and allowed the writ
petition by directing the next meritorious candidate to be
appointed as an Anganawadi Helper. Hence, he seeks to
dismiss the appeal.
6. Sri. Shivakumar Tengli, learned Addl.
Government Advocate, submits that the authorities have
considered the objections filed by the appellant and
provided her with an opportunity to produce the residential
certificate and thereafter she was appointed as a
Anganawadi Helper. The appellant has been working as an
Anganawadi Helper from the date of appointment. It is
further submitted that the authorities have considered the
merit of the candidate and took the decision to appoint the
appellant as a Anaganawadi Helper. Hence, he seeks to
pass appropriate orders.
7. We have heard the submissions of the learned
counsel for the appellant, learned counsel for respondent
No.6, the learned Addl. Government Advocate and
WA NO.200257 OF 2024
meticulously perused the materials available on record.
We have given our anxious consideration to the
submissions advanced and the material available on
record.
8. The pleading and evidence on record indicates
that on 30.06.2021 the respondent No.4 issued the
notification inviting the applications for the post of
Anganawadi Helpers. The commencement of filing of
applications was from 01.07.2021 and the last date to
submit the application is 31.07.2021. The appellant and
respondent No.6 have filed online applications as is
evident from Annexure-C and D. The appellant's
application at Annexure-D which indicates that the
residential certificate number as RD0038442178571 tallies
with the residential certificate produced at Annexure-E. It
is borne out from the records that the appellant could not
upload the residential certificate along with the online
application at Annexure-D and thereafter made a
representation dated 25.02.2022 informing that due to a
technical snag, she could not upload the residential
WA NO.200257 OF 2024
certificate but the online application has a reference
bearing reference number of residential certificate and
made a request to the authority to consider the residential
certificate submitted by her along with the representation.
9. The respondent No.2 in its meeting held on
18.10.2022 considered the residential certificate submitted
by the appellant and found that the appellant is more
meritorious than the other candidate and issued the
appointment order dated 05.01.2023 at Annexure-F.
Admittedly, the appellant has obtained the residential
certificate much prior to the last date for filing of an
application to the post in question and she has filed the
application in which the number of residential certificate is
found which corroborates with the residential certificate
accepted by the authority while considering the objections
in its meeting dated 18.10.2022. The Hon'ble Supreme
Court and this Court in the similar cases held that the non-
production of certificate along with an application is
curable defect. The Hon'ble Supreme Court in the case of
Dolly Chhanda referred supra held as under;
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WA NO.200257 OF 2024
"7. The general rule is that while applying
for any course of study or a post, a person must
possess the eligibility qualification on the last
date fixed for such purpose either in the
admission brochure or in application form, as the
case may be, unless there is an express
provision to the contrary. There can be no
relaxation in this regard i.e. in the matter of
holding the requisite eligibility qualification by
the date fixed. This has to be established by
producing the necessary certificates, degrees or
marksheets. Similarly, in order to avail of the
benefit of reservation or weightage, etc.
necessary certificates have to be produced.
These are documents in the nature of proof of
holding of particular qualification or percentage
of marks secured or entitlement to benefit of
reservation. Depending upon the facts of a case,
there can be some relaxation in the matter of
submission of proof and it will not be proper to
apply any rigid principle as it pertains in the
domain of procedure. Every infraction of the rule
relating to submission of proof need not
necessarily result in rejection of candidature."
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WA NO.200257 OF 2024
10. The Co-ordinate Bench in the case of
Smt.Purad Netravathi referred supra at paragraph No.5
held as under;
"5. That apart, insofar as the residential
certificate produced by the respondent No.5, it is
no doubt true that the notification dated
12.01.2010 would indicate that the said
certificate is to be issued by the Tahasildar. In
the instant case, a residential certificate no
doubt has been produced by the respondent
No.5, which is issued by another Authority,
namely the Secretary of Gram Panchayat. The
learned Single Judge in this regard has arrived at
a conclusion that the same is a curable defect. In
this regard, what is also to be taken note is that,
the appellant in any event does not dispute the
position that respondent No.5 is a resident of
Upanayakanahalli and therefore, in any event,
the same cannot be considered as a
disqualification. Further, with regard to the
contention that a subsequent notification in the
year 2010 has been issued, despite the earlier
notification of the year 2009 not being
concluded, the said contention would not be
open to be considered at the instance of the
appellant inasmuch as the appellant in any event
has taken part in the selection process under the
subsequent notification of the year 2010 and as
such, the appellant cannot approbate and
reprobate in a matter of selection."
11. Similar view is taken by the learned Single
Judge in the case of Miss. Kavitha S.S. and in the case of
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WA NO.200257 OF 2024
Smt.Smitha M. K. referred supra. The relevant
paragraphs of the decisions in the case of Smitha M.K., is
extracted herein below;
"6. The facts are not in dispute. Admittedly,
selected candidate 4th respondent herein had
not produced the residential certificate along
with her online application. The petitioner is
before this Court, challenging the appointment of
4th respondent only on the ground that
residential certificate of 4th respondent is not
produced along with her online application and
could not have been permitted to be produced
subsequently. It is to be noticed that the
petitioner has not questioned or disputed the
residence of 4th respondent. Admittedly, the
petitioner is a resident of Mavanuru village. The
4th respondent-appointee had obtained the
residential certificate well before the last date for
submitting the application i.e., on 09.11.2017
itself and submitted the same subsequent to the
last date for submitting the application. Non-
production of residential certificate is a curable
defect. But the residential certificate shall be
obtained before the last date for submitting the
application. If the residential certificate is
obtained before the last date for submitting the
application, it could be produced subsequently. If
the residential certificate is obtained subsequent
to the last date for submitting the application,
the said certificate cannot be accepted. This
Court in the matter of selection of Anganawadi
Worker in W.P.No.No.5336/2018 (supra) on
03.09.2021 at paragraphs 4 and 5 has held as
follows:
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WA NO.200257 OF 2024
"4. Learned counsel for the petitioner
submits that the second respondent under
notification dated 30.10.2018 (Annexure-B)
invited applications to fill up the post of
Anganawadi Assistant at Kattepur
Anganawadi Centre. The applications were
called online and the candidate were required
to upload the relevant documents through
online portal. The petitioner had applied by
uploading all necessary documents including
residential certificate. As the petitioner's
name was not found in Provisional Selection
List, the petitioner said to have filed
objection to the Provisional Select List. The
objection was considered and endorsement
was issued stating that the petitioner has not
uploaded residential certificate. Learned
counsel for the petitioner invites attention to
Annexure-D, residential certificate which was
uploaded along with the application.
5. A perusal of endorsement of Annexure-E
dated 31.12.2018, it is seen that the
petitioner's application was rejected only on
the ground that the petitioner has not
uploaded residential certificate along with the
application. The Non-uploading of residential
certificate is a curable defect. The petitioner
ought to have been provided with an
opportunity to produce the residential
certificate. The qualification prescribed for
the post of Anganawadi Assistant is pass in
9th Std. In rural area a woman candidate
who is having qualification of 9th Std cannot
be expected to be a computer literate.
Moreover, there is no sufficient infrastructure
in rural areas. The petitioner has to depend
on the computer/internet centers for
uploading the application. In that
circumstance, non-uploading of any of the
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WA NO.200257 OF 2024
documents need not result in rejection of the
application but the authorities ought to have
provided an opportunity to all such
candidates who have not uploaded one or the
other documents."
The decision relied upon by the learned
counsel for the petitioner in Civil Appeal
No.4807/2022 is not applicable to the facts of
the present case. In the case relied upon by the
learned counsel for the petitioner, it was with
regard to answering the OMR Sheet in the
language indicated in the notification. In the said
circumstances, the Hon'ble Apex Court held that
since the advertisement contemplated the
manner of filling up application form and also
attempting of answer sheets, it has to be done in
the manner so prescribed."
12. Keeping in mind the enunciation of law laid
down by the Hon'ble Supreme and this Court referred
supra, we are of the considered view that the non-
uploading of residential certificate by the appellant at the
time of filling of online application was due to technical
snag and the application clearly mentions that the correct
number of residential certificate which was obtained by the
appellant prior to the last date of filing of the application
for the selection to the post of Anganawadi Helper. In
other words, the appellant was in possession of the
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WA NO.200257 OF 2024
residential certificate issued by the competent authority.
However, she could not upload the same due to technical
defects which has been considered by the official
respondents and the same was accepted in its meeting
proceedings dated 18.10.2022. The appointing authority
has also taken note of the fact that the appellant is more
meritorious than any of the candidates and issued the
appointment order to the appellant. We do not find any
error in the action taken by the official respondents in
issuing the appointment order to the appellant as an
Anganawadi Helper at Mallappanwadi Anganawadi Center.
In our considered view, the learned Single Judge ought to
have appreciated the fact that non-uploading of the
residential certificate by the appellant was a bonafide error
and the same was a curable defect.
13. For the aforementioned reasons, we proceed to
pass the following:
ORDER
i) The writ appeal is allowed.
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WA NO.200257 OF 2024
ii) The order of the learned Single Judge dated
27.06.2024 passed in WP.No.202250/2023 (S-
are directed to continue the appellant as a
Anganawadi Helper at Mallappanwadi
Anganawadi Center as per the appointment
order dated 05.01.2023.
iii) No orders to costs.
Sd/-
(K NATARAJAN)
JUDGE
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
MSR
CT: PS
