Bhatati vs The State of Karnataka and Others

K.N. Phaneendra, J.—The petitioner, who is the widow, completed her SSLC in the year 1999, belong to ST caste and a permanent resident of Kinnal village of Koppal taluk, has made an application for appointment to the post of anganwadi worker in Koppal Taluk particularly in respect of anganwadi centre No. 12 of Kinnala village in pursuance of the notification issued by the Government in the year 2012-2013 for appointment of anganwadi worker to Kinnala Centre vide notification in No. SHIAYOKO/AM.KA.K/PRAKATANE/2012-13 dated 27/08/2012. Respondent No. 3 notified the provisional list of candidates as per Annexure "D" wherein the name of the petitioner finds a place at Sl. No. 17. 3rd respondent has also provided an opportunity for filing of objections to the said provisional list. A lady by name Ambika, wife of Iranna Chitragar, Block No. 3, Kinnala village, filed her objections dated 17/11/2012, after time granted for filing objections was over, by stating that the petitioner does not belong to the specific ward No. 12 of Kinnala Village and that she secured marks to an extent of 73% in SSLC. Therefore, she requested the authorities to reconsider the provisional list. It is quite notable that name of said Ambika does not find a place in the provisional list. Considering the said objections, on the ground that the petitioner does not belong to the said anganwadi centre No. 12 of Kinnala village, 3rd respondent has not issued any appointment order to the petitioner but issued an endorsement stating that no applicant was there pertaining to Kinnala Anganwadi Centre No. 12, therefore, a fresh notification was proposed to be issued. Accordingly, a fresh notification was issued by 3rd respondent vide Annexure "H". 3rd respondent also observed while issuing fresh notification that none of the applicants in the provisional list belonged to the anganwadi centre No. 12 of Kinnala village, therefore, 3rd respondent has taken up the task of issuing the fresh notification as per Annexure "H". The petitioner has called in question the said notification, with other reliefs.

Learned Government Pleader also clarified the existing position that no body is yet appointed to the said anganwadi center of Kinnala village, Koppal taluk.

As the facts stands thus, this Court has to examine whether the petitioner is entitled for the said post vide notification issued by the 3rd respondent for which she had made an application. Annexure "C" dated 28/07/2012 is the notification as noted supra. It is an undisputed fact that the name of the petitioner finds a place in the provisional list and in the provisional list itself it has been stated that she belongs to Kinnala village and that she is a widow. Whether these two criteria are sufficient to appoint the petitioner to the said post as per the notification issued, is a prime important moot point that has to be considered by this Court.

Sub-clause (e) of item No. 3 of the notification at Annexure "C" says (in Kannada language) that:

If there are one or more number of anganwadi centres in a village, the Child Welfare Department has to call for applications. Suppose no applications are received from the said particular ward or colony, then the Department can select any person of the same village from other colony or ward if their applications are proper. If no applications are received from the said village itself, then only they have to undertake to publish afresh notification for the second time. If on the second time also, if no applications are received from the said village, then any of the applicants from the nearest village can be selected for the said post.

Item No. 4 also plays an important role in this case. Sub-clause (1) of the item No. 4 of the said notification makes it clear that if any widow has applied, the Department should select the widow without considering the other applicants by giving prominence and priority to the widow.

The above said two conditions makes it amply clear that the petitioner, who is a resident of Kinnala village and a widow, though does not belong to the particular anganwadi centre No. 12, she comes under the provision of the notification under item No. 3 sub-clause (e) and item No. 4 sub-clause (1). Learned Government Pleader has produced a copy of applicants'' list received by the 3rd respondent pertaining to anganwadi centre No. 12 of Kinnala village. At Sl. No. 9, the name of the petitioner finds a place wherein it is categorically stated that she is the only widow applicant and she belonged to the said Kinnala village. Though other persons of Kinnala village have also applied but none of them falls within the category of item No. 4(1) of the notification. The only candidate who falls within item No. 4(1) of the notification is the petitioner. The objector Ambika''s name also finds a place in column No. 2 in the applicant''s list. But it is categorically stated that the petitioner is the only widow available in the list.

Looking from the above said facts and circumstances, 3rd respondent can only issue a fresh notification if no person is available in the same village who comply with the other requirements. As per the notification as per item No. 3(e) and item No. 4(1), the 3rd respondent has to consider the appointment of the petitioner. Admittedly, the petitioner is a widow. Under the above said circumstances, I do not find any strong reasons to reject the request made by the petitioner before this Court. 3rd respondent ought to have issued appointment order to the petitioner. Therefore, it is just and necessary to allow the petition and pass the following order.

The Petition is allowed. Consequently, fresh notification issued in No. SHIAYOKO/AM.KA.K/PRAKATANE/2012-13 dated 12/02/2013 as per Annexure ''H'' with respect to Kinnala village Anganwadi Centre No. 12, is hereby quashed and also consequential endorsement issued to the petitioner as per Annexure "G" dated 15/02/2013 is also hereby quashed. Respondent No. 3 is directed to issue appointment order to the petitioner for the post of anganwadi worker for anganwadi centre No. 12 of Kinnala village of Koppal taluk within 15 days from the date of receipt of a copy of this order.