2025 Supreme(Online)(Kar) 38345
THE HIGH COURT OF KARNATAKA
M.NAGAPRASANNA
JAYAMMA D/O. KANTEPPA VALEKARA – Appellant
Versus
THE DEPUTY COMMISSIONER AND – Respondent
WP 107976/2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107976 OF 2025 (S-RES)
BETWEEN:
JAYAMMA D/O. KANTEPPA VALEKARA, AGE: 20 YEARS, OCC: HOUSE WORK, R/O: AT BASARIHAL, POST. GOURIPUR, TQ: KANAKAGIRI, DIST. KOPPAL-583283.
…PETITIONER (BY SRI. GOVINDAGOUDA D. PATIL, ADVOCATE FOR SRI. H.N.GULARADDI, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER AND PRESIDENT OF SELECTION COMMITTEE KOPPAL-583231.
Digitally signed by
2. THE DEPUTY DIRECTOR OF WOMEN RAKESH S HARIHAR AND CHILD WELFARE AND Location: High Court of Karnat aka, SELECTION COMMITTEE Dharwad Bench, Dharwad KOPPAL-583231.
3. THE CHILD DEVELOPMENT PROJECT OFFICER KANAKAGIRI, TQ: KANAKGIRI, DT: KOPPAL-581196.
4. SHRIDEVI D/O. BASAPPA TURAVIHAL, AGE: 22 YEARS, OCC: HOUSE WORK, R/O: AT BASARIHAL, POST: GOURIPUR, TQ: KANAKAGIRI, DIST: KOPPAL-583283.
…RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 TO R3;
SRI. NEELENDRA D. GUNDE, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO:
A. A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER/ENDORSEMENT BEARING.
NO.¸ÀA.CA.
PÁ.PÀ/CA.¸ï/£ÉÃ.¸ÀA/ªÀiÁUÀð¤Ã/PÀÄ/KU/2025-26/635 VIDE ANNEXURE-H DATED 08.10.2025 ISSUED BY THE RESPONDENT NO. 3 IN THE INTEREST OF JUSTICE AND EQUITY.
B. A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED FINAL SELECTION LIST DATED 18.10.2025 VIDE ANNEXURE-K TO ISSUE BY THE RESPONDENT NO. 1 TO.3 IN RESPECT OF SERIAL NO 70 OF THE FINISH LIST IN BASIRIHAL-3 ANGANAWADI CENTRE IN KANAKAGIRI TALUK KOPPAL DISTRICT, INTEREST OF JUSTICE AND EQUITY.
C. A WRIT IN THE NATURE OF MANDAMUS TO CONSIDER THE PETITIONER NAME IN THE FINAL SELECTION LIST VIDE ANNEXURE-K AS PER THE SSLC MARKS VIDE ANNEXURE-
F.
THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court calling in question an endorsement dated 08.10.2025 by which the petitioner is moved out of the final select list and the fourth respondent has been roped in for the post of Anganwadi helper.
2. Heard learned counsel Sri. Govindagouda D. Patil appearing for the petitioner, learned HCGP Smt. Girija S. Hiremath appearing for respondent Nos.1 to 3 and the learned counsel Sri. Neelendra D. Gunde appearing for respondent No.4.
3. A Notification comes to be issued by the State for recruitment of Anganwadi helper to all the anganvadi centres in all the taluks at Koppal District. The petitioner and respondent No. 4 applied to the said post to Basrihal Village. The petitioner's name was found in the provisional select list but did not find place in the final select list. The reason for the petitioner's name not being found in the final select list is that the petitioner had not uploaded certain documents which were necessary for consideration of the appointment of the petitioner.
4. The learned counsel for the petitioner then represents seeking appointment on various grounds that comes to be rejected by the impugned endorsement. It is this that has driven the petitioner to this Court in the subject petition.
5. The learned counsel appearing for the petitioner submits that the qualification of the petitioner is 10th standard. The petitioner has secured 531 marks. The selected candidate now has secured 506 marks. The petitioner being more meritorious, should not be denied employment on a curable defect of not uploading the documents within the time frame.
6. The learned counsel appearing for the respondent No.4, Sri. Neelendra Gunde, submits that respondent No.4 is a graduate and more qualified than the petitioner. Therefore, respondent No.4 should be offered appointment ignoring the fact that the petitioner is more meritorious in the qualifying examination i.e. SSLC. The learned counsel submits that the documents were not uploaded, therefore, the petitioner cannot now contend that appointment should be offered.
7. The