51

ANNEXURE –P/9
IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH,
AT KALABURAGI
(ORIGINAL JURISDICTION)
WRIT PEITION NO.201531 OF 2023(S-RES)
BETWEEN:-
Smt. Indira W/o Ramesh,
(D/o Gangappa)
Aged about 25 Years, Occu:- House Hold,
R/o Wadavatti Tanda, Sirwar,
Tq. Sirwar, Dist. Raichur-584 129.
AND:-
1. The State of Karnataka,
Dept. of Women and Child Development,
Represented by its Under Secretary.
Vidhan Soudha, Bangaluru-01..

2. The Deputy Commissioner,

Cum Chairman Anganawadi Helper/Worker,,
Selection Committee,
Raichur, Dist. Raichur - 584 101.

3. The Deputy Director,

Women and Child Welfage Development,
Raichur, Dist. Raichur-584 101.
4. The Assistant Director,
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Social Welfare Department, Tq: & Dist. Raichur-584 101.

5. The Child Development Project Officer,

Dept. of Women and Child Welfare Development,
Tq: Sirwar, Dist. Raichur-584 101..

6. The Tahasildar,
Sirwar, Tq: Sirwar, Dist: Raichur- 584 129..
7. Smt.Parvathi W/o Late Suresh,,
Now W/o Keerappa,
Aged about 32 years, Occu: -Anganawadi Warker,
of Wadavatti Anganawadi Center,
R/o Wadavatti Tanda, Sirwar,
Tq. Sirwar, Dist. Raichur-584129.

RESPONDENTS-

MEMORANDUM OF WRIT PETITION UNDER ARTICLE 226& 227 OF

THE CONSTITUTION OF INDIA
The Petitioner above named respectfully submits as under:-
1. The address of the petitioner for the purpose of issuance of
summons, notices etc, from this Hon’ble court is as shown
in the cause title above and petitioner may also be served
through her counsel Sir. ARUNKUMAR AMARGUNDAPPA
Advocate, 1st floor Kawale Complex, Oppo: Sindagi
Ambabhaavani Temple, New Jewargi, Road kalaburgi-
585103.
2. The addresses of the respondents for the above said
purposes are as shown in the cause title above.
3. Being aggrieved by the issuance of appointment order,
appointing of respondent No.7 as Anganawadi Worker of
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Wadavatti Tanda, Anganawadi center, Tq. Sirwar, Dist.

Raichur, contrary to the materials on record and guidelines
governing appointment of Anganawadi workers/helpers
issued by the 1st respondent government, by vide
Annexure-H, petitioner is presenting this writ petition
seeking appropriate order and direction by this Hon'ble
court.

BRIEF FACTS OF THE CASE

4. It is submitted that the Petitioner is a permanent resident of

willage Wadavatti Tanda, Tg: Sirwar, Dist. Raichur. The petitioner
is belonging to Scheduled Caste community. The petitioner
passed SSLC, in second class by securing 323 marks out of 625.
The copy of the residential certificate, caste certificate, SSLC
marks card of the petitioner are collectively produced herewith
and marked as Annexure-A, A1 & A2. The respondent No.3
herein has issued a recruitment notification in order to fill
various vacant posts of Anganawadi workers & Helpers in the
Raichur District, thereby inwited eligible candidates to apply for
the post Anganwadi Workers and Helpers.
5. As per the supra recruitment notification post of Anganawadi
Worker in Wadavatti Tanda, Anganawadi center of Tq: Sirwar,
Dist.Raichur was notified as vacant. Therefore, the petitioner
being local candidate and being fully eligible candidate to the
post of Anganawadi Worker, in terms mentioned in the
publication/ notification has applied for the post of Anganawadi
WORKER FOR Wadavatti Anganawadi ceter of Tq: Sirwar, Dist.
Raichur by enclosing necessary and required documents. The
copy of application filed by the petitioner is produced herewith
and marked as Annexure-B.
6. Alike petitioner the respondent No. 7 herein claiming herself as
eligible for the post of Anganawadi Worker filed her application
claiming reservation under widow category as her husband
namely Sri. Suresh died on 14.10.2010. The copy of the
application filed by the respondent No.7, death certificate of her
husband and SSLC marks card are produced herewith and
marked as Annexure-C, C1& C2.
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7. The respondents No 1 to 5 selection committee after

considering the applications filed by various other candidates
including the petitioner appears to have issued provisional
selection list,
provisionally selecting the respondent No7 under widow category,
for the post of Anganawadi Worker in Wadevatti Tanda,,
Anganawadi center. The copy of the provisional selection list
dated 12.12.2017 showing the name of respondent No7 in SI.
No.4. is produced herewith and marked as Annexure- D.
8. The respondent No.5 after issuance of provisional selection
list invited objections from the general public if any, to be filed on
or before 20.12.2017. Thus the petitioner upon publication of
said list, filed her objections to the provisional selection list
within a stipulated period by contending that the provisionally
selected respondent No.7, soon after the death of her first/former
husband i.e., Suresh, got married with one Keerappa S/o
Darmanna and thereafter given birth to a male child namely
Tarunkumar. Thus respondent No.7 having remarried and got
male child through the second husband, she is no more widow
and therefore she is not eligible/entitled to claim reservation
under widow quota Therefore requested to drop respondent No.7
name and consider petitioner's application, as she is meritorius
candidate among all scoring high marks in the SSLC. The copy of
the voters list indicating one Keerappa is husband of respondent
No.7, the copy of the birthNo.7 as mother and Ke kumar in fiter,
the copy of the No. are indicating one Kee kerappa the had of
respondent No. a se collectively prod Keergera is husbarked is
Annexure-, Ba de
9. It is submitted that, the respondent No:5 after receipt of list,
objections filed by the petitionso the provisional selection list,
directed the respondent Netitione to unt enquiry and submit
report regarding marital status of rapondent No. 7. The copy of
texure-dated 08.01.2018 is produced herewith and marked as
Annexure-F. In turn the respondent No.6 deputed the
jurisdictional revenue inspector to visit the village and pubmit
report. It appears the revenue inspector submitted his report on
24.01.2018 before the respondent No.6 and inturn respondent
No.6 placed the same before the respondent No.5. The copy of the
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letter report/letter written by the respondent No.6 is produced

herewith and marked as Annexure-FI. That as per the report and
letter of respondent No.6, it is stated that the jurisdictional RI
visited the village andrecorded the statements of localities there,
as per their say the respondent No. herein after the death of her
former husband she is in-live-in relationship with one Keerappa
and she did not marry said Keerappa. However the entry in the
voters list, regarding conceded.& (submitted on 23.07.2021,
26.07.2021 & said Keerappa. However, the entry in the voters
list, regarding mentioning name of Keerappa as husband of
respondent No.7 is conceded.
10. It is submitted that, the petitioner having noticed improper
report of the respondent No:6 once again requested the
respondent selection committee drawing their attention to
various government documents/ID's, whereby one Keerappa is
shown as husband of the petitioner, which means that she is no
more widow, having remarried with him. The copies of the
representation dated 23.07.2021 & (submitted on 23.07.2021,
26.07.2021 &09.08.2021) 18:08.2021 are produced herewith and
marked as Annexúre-G & G1. However, the: respondent selection
committee having received the said representations failed to
consider the same till today.
11. That, the respondent No. 1 Government has issued guidelines
for appointing Anganawadi Workers/helpers throughout the
state.Those guidelines are mandatory and to be followed by the
selection committee. The copy of the guidelines dated 23.09.2017
is produced herewith and marked as Annexure-H.
12. That the respondent selection committee, despite abundant
materials available to show that respondent No.7 is to tore widow
and she got remarried with one Keerappa, after the death of
former husband namely Suresh and a son is also born through
the said wedlock, and as on the date of fling application she is
not widow, contrary to the materials and guidelines, ignoring
merit of she petitioner was pleased to issue appointment order
infavor of respondent No.7 appointing her as Anganaadi worker
of Wadavatti Tand center. The copy of the impugned appointment
order dated 27.03.2023 is produced herewith and marked as
Annexure-J.
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13. Therefore, the petitioner being highly aggrieved by the

issuance impugned appointment order, appointing the
respondent No.7 as Anganawadi Worker of Wadavatti
Anganawadi center, contrary to the guidelines and ignoring the
application of petitioner though she is meritorious and fully
eligible to be selected as Anganawadi Worker, having no other
alternative or efficacious remedy except to approach this Hon'ble
Court by invoking the extra-ordinary jurisdiction under Article
226 & 227 of the Constitution of India under the following among
other grounds.
Note:- The petitioner respectfully submit that she has not filed
any other writ petition or initiated any other proceedings
touching the subject matter of this writ petition and now intense
to invoke the jurisdiction of this Hon’ble court and it is not public
interest litigation.

GROUNDS

14. The actionof respondent authorities in not considering the

petitioner’s appointment for the post of Anganawadi Worker is
illegal, arbitrary and contrary to the materials on record,besides
violation of legal rights of the petitioner. Hence the same requires
interference of this Hon’ble court.
15. The respondent authorities have committed illegality in
appointing the respondent No.7 as Anganawadi Worker despite
the petitioner is more meritorious than the respondent No.7
selected candidate. As such action of the respondents in giving
appointment to the respondent: No.7 ignoring the application of
petitioner is being arbitrary, malafide and violative of article 14 of
the constitution is liable to be interfered with.
16. That the respondent selection committee, despite abundant
materials available to show that respondent No.7 is no more
widow and she got remarried with one Keerappa, after the death
of former husband namely Suresh and a son is also born through
the said wedlock, and as on the date of filing application
respondent is no more widow, contrary to the materials and
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guidelines, ignoring merit of the petitioner was pleased to issue

appointment order infavour of respondent No.7 appointing her as
Anganawadi worker of Wadavatti Tand center. Thus respondent
selection committee is not justified. in considering the
respondent No.7 under reserved widow category
17. The appointment order issued by the respondent No.5 is as a
result of non application of mind. Thus the appointment order is
being contrary to the guidelines at Annexure-H., is liable to be
set-aside.
18. The petitioner is fully elifgible as per the conditions laid down
in the government guidelines. The petitioner having fulfilled all
the conditions in the notification/publication the respondents
ought not to have considered the application of the petitioner for
the post of Anganawadi Worker.
19. Viewed from any angle-the appointment of 7th respondent to
the post of Anganawadi Worker is illegal contrary to materials on
records and also contrary to guidelines issued by the respondent
No. 1 government. Hence the appointment of 7th respondent to
the said post is liable to be quashed.
GROUNDS FOR INTERIM PRAYER
The grounds urged above may be treated as part and parcel of
grounds for interim prayer. Since the appointment of respondent
No.7 to the post of Anganawadi Worker being illegal, arbitrary
and malafide contrary to the guidelines, she shall not be
permitted to continue in the said post.

PRAYER
Therefore, it is prayed that the Hon’ble Court be pleased to issue
a writ of Certiorari and mandamus and grant any other
appropriate writ in the following terms:-
.A) To quash the impugned appointment order dated 27.03.2023,
bearing No. Unera/ICD/Angkhaka/Amsa/Ayke.Aa:2022-23,
issued by thẹ respondent No.3, appointing respondent No.7 as
Anganawadi Worker of Wadavatti Tanda, Anganawadi center, Tq:
Sirwar, Dist. Raichur, the copy of which is at Annexure-J.
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B) Direct the respondent No. 2 to 5 to consider the

representations submitted by the petitioner dated 23.07.2021 &
(submitted on 23.07.2021, 26.07.2021 8 09.08.2021) 18.08.2021
as per Annexure-G& G1.
C) Direct the Respondents to consider the application of
petitioner to the post of Anganawadi Worker of Wadavatti Tanda,
Anganawadi center, q: Sirwar, Dist. Raichur, as per Annexure-B.,
in the interest of justice and equity.
D) Any other writ or direction in the nature of writ which this
Hon’ble Court deems fit to grant in the facts and circumstances
of the case may kindly br ranted infavour of the petitioner, in the
ends of justice and equity.
INTERIM PRAYER
Pending disposal of the above writ petition this Hon’ble Court may
be pleased to stay operation, execution and all further proceedings
pursuant to the impugned appointment order dated 27.03.2023,
bearing No. Unera / ICD / Angkhaka / Amsa / Ayke. Aa: 2022-23,
issued by the respondent No.3, appointing respondent No.7 as
Anganawadi Worker of Wadavatti Tanda, Anganawadi center, Tq:
Sirwar, Dist. Raichur, the copy of which is at Annexure-J.
Place: Kalaburagi
Date: 26.05.2023
Advocate for Petitioner

(ARUNKUMAR AMARGUNDAPPA)
Address for Service:
Arunkumar.A
Advocate, 1st floor, Kawale complex,
Oppo: Sindagi Ambabhavani temple,
New Jewargi Road, Kalaburagi-585102