IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11^TH 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, TQ. AND DIST. KOPPAL, PIN-583231.

ASHPAK K M A A S L H A I G M A S L A ADINNI

3. THE CHILD DEVELOPMENT AND D AS ig H it P a A ll K y s K ig A n S e H d I M by SA PLANNING OFFICER, KOPPAL, MALAGALADINNI L O o F c a K t A io R n N : A H T IG AK H A COURT TQ. AND DIST. KOPPAL, DHARWAD BENCH 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)

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

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 4^th 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 4^th 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 submission that only to favour the 4^th 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