O R D E R

1. Leave granted.

2. An affidavit has been filed on behalf of the the State of Karnataka in compliance of the order passed by this Court on 15th May, 2024 stating inter alia that there is no vacant post of Anganwadi Worker in the same village where the appellant was working, i.e. at Ramaghatta, Chatnihalli Village, Harapanahalli Taluk. The posts that are vacant at Anganwadi Centres are in other villages as detailed in para 4 of the affidavit.

3. We are of the opinion that it is a fit case where extra ordinary powers vested in this Court ought to be exercised particularly since the appellant has been serving as an Anganwadi worker under the respondent No.3 for ten years between 02nd September, 2013 and August, 2023 and was displaced in view of the impugned judgment whereunder respondent No.6 has been accommodated on the ground that there was no justification to interfere in the order to exclude Signature Not Verified Digitally signed by geeta ahuja Date: 2024.08.06 the candidates possessing SSLC qualification through open schooling.

11:09:17 IST Reason:

4. Accordingly, in the facts of the instant case and keeping in mind the great hardship that would be caused to the appellant if she is removed from the subject post, it is deemed appropriate to direct the respondents No.1 to 4 to create supernumerary post to accommodate the appellant in the very same village and she will discharge her duties as she was doing earlier.

5. The impugned judgment is modified to the aforesaid extent. Both appellant and the respondent No.6 shall continue discharging their duties as Anganwadi Workers in the same Village.

6. It is made clear that the aforesaid order has been passed in the extra ordinary facts and circumstances of the instant case and shall not be treated as a precedent in any other case.

7. The appeals are disposed of.

……………………….......................J.

( HIMA KOHLI )

……………………….......................J.

( SANDEEP MEHTA )

NEW DELHI

29th JULY, 2024 ITEM NO.60 COURT NO.9 SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS PETITION(S) FOR SPECIAL LEAVE TO APPEAL (C) NO(S). 20131-

20132/2023 (Arising out of impugned final judgment and order dated 31-07-2023 in WA No. 858/2023 02-08-2023 in WA No. 858/2023 passed by the High Court Of Karnataka At Bengaluru)

MAMATHA PETITIONER(S)

VERSUS THE STATE OF KARNATAKA & ORS. RESPONDENT(S)

Date : 29-07-2024 These petitions were called on for hearing today.

CORAM :

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE SANDEEP MEHTA For Petitioner(s) Mr. Shubhranshu Padhi, AOR Mr. Jay Nirupam, Adv.

Mr. D.Girish Kumar, Adv.

Mr. Pranav Giri, Adv.

Mr. Ekansh Sisodia, Adv.

For Respondent(s) Mr. D. L. Chidananda, AOR Mr. Vaibhav Sabharwal, Adv.

Mr. Mahesh Thakur, AOR Ms. Divija Mahajan, Adv.

Mr. Ranvijay Singh Chandel, Adv.

Ms. Geetanjali Bedi, Adv.

Mr. Neelanjana Rao M, Adv.

Ms. T. Nagini Vijaya Lakshmi, Adv.

UPON hearing the counsel the court made the following

O R D E R

1. Leave granted.

2. The appeals are disposed of in terms of the signed order.

(Nand Kishor) (Geeta Ahuja)

Court Master (NSH) Assistant Registrar-cum-PS (Signed Order is placed on the file)