IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 26^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106088 OF 2024 (S-RES)

BETWEEN:

SMT. JYOTI CK W/O. DURAGAPPA G.

AGE. 30 YEARS, OCC. NIL, R/O MARURU VILLAGE, TAL. KOTTUR, DIST. VIJAYANAGAR-583134.

…PETITIONER (BY SRI. M. S. HARAVI, ADVOCATE)

AND:

1. THE DEPUTY COMMISSIONER VIJAYANAGAR, DIST. VIJAYANAGAR-583201.

2. THE DEPUTY DIRECTOR OF WOMAN AND Digitally signed by VISHAL NINGAPPA CHILD DEVELOPMENT DEPARTMENT, PATTIHAL VIJAYANAGAR DISTRICT, Location: High Court of Karnataka, VIJAYANAGAR-583201.

Dharwad Bench, Dharwad

3. THE CHILD DEVELOPMENT PLANNING OFFICER WOMEN AND CHILD DEVELOPMENT, DEPARTMENT KUDLIGI-583135 TALUK. KUDLIGI, DIST. VIJAYANAGAR.

4. SMT. M. DURAGAMMA W/O. LATE M. MANJAPPA AGE. 36 YEARS, OCC. ANGANAWADI, WORKER, MARURU ANGANAWADI CENTRE, MARURU, TAL. KOTTUR, DIST. VIJAYANAGAR-588134.

…RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP TO R1 TO R3;

SRI. RAVI HEGDE AND VINAYKUMARE BHAT, ADV. FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO:

1. ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE ORDER BEARING NO. VUNIVI/MAMAAAE/ AAM.SA/MU/AAM.KAA.KA/AAYKE/2024- 25/215 DATED 19-07-2024 ISSUED BY THE 3^RD RESPONDENT AS PER ANNEXURE-H.

2. ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO, 1 AND 3 TO CALL FOR THE APPLICATION TO FILL UP THE POST OF ANGANAWADI WORKER TO THE MARURU ANGANAWADI CENTER IN KOTTUR TALUK OF VIJAYANAGAR DISTRICT BY WAY OF DIRECT SELECTION BY CONSIDERING THE REPRESENTATION SUBMITTED BY THE VILLAGERS VIDE ANNEXURE-J DATED 10-09-2024.

3. PASS ANY APPROPRIATE ORDER OR DIRECTION AS DEEMS FIT BY THIS HONBLE COURT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE B ALLOWING THIS WRIT PETITION WITH COST IN THE INTEREST OF JUSTICE AND EQUITY.

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING 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 the order dated 19.07.2024, by which the 3^rd respondent has been promoted from the post of Anganawadi Helper to Anganawadi Worker on account of a vacancy created due to the retirement of the incumbent—respondent No.4.

2. Heard Sri M.S. Haravi, learned counsel for the petitioner; Smt. Girija S. Hiremath, learned HCGP for respondent Nos.1 to 3; and Sri Ravi Hegde and Sri Vinaykumar Bhat, learned counsel for respondent No.4.

3. A notification came to be issued calling for applications from eligible persons for appointment as Anganawadi Worker in the Maruru Anganawadi Centre, Kottur Taluk. Respondent No.4 was initially appointed as an Anganawadi Helper in the Kottur-D Anganawadi Centre. The post of Anganawadi Worker in the Maruru Anganawadi Centre became vacant on account of the retirement of the incumbent.

4. The petitioner is stated to have staked a claim seeking issuance of a fresh notification after the vacancy arose.

The State did not issue such a notification. Instead, respondent No.4, who was working in the adjacent Anganawadi Centre, i.e., Kottur-D, and who was an Anganawadi Helper, was promoted as Anganawadi Worker and posted to the Maruru Anganawadi Centre. This action is called in question by the petitioner, who further seeks a direction for issuance of a fresh notification to fill the post of Anganawadi Worker.

5. Learned counsel for the petitioner reiterates the grounds urged in the petition and submits that the State ought to have notified the vacancy that had arisen due to retirement.

6. Learned HCGP defends the action, contending that in terms of the applicable guidelines, an Anganawadi Helper who has completed seven years of service is entitled to be considered for promotion to the post of Anganawadi Worker. Therefore, respondent No.4 has been rightly promoted and posted to the Maruru Anganawadi Centre. It is submitted that she is fully qualified to hold the post.

7. Learn