IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR WRIT PETITION NO.18864/2016 (S-RES) BETWEEN SMT. REDDAMMA W/O LATE KEMPARAJU, AGE 32 YEARS, OCC: ANGANAWADI ASSISTANT, R/AT GANDRAGANA HALLI, MURUGAMALLA POST, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT-562101.
(BY SRI PRASANNA V R, ADV.) AND 1. THE STATE OF KARNATAKA REP. BY SECRETARY, DEPT. OF WOMEN AND CHILD WELFARE, M.S.BUILDING, BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER CUM THE CHAIRMAN, ANGANAWADI WORKERS’ SELECTION COMMITTEE, CHIKABALLAPUR DISTRICT, CHIKKABALLAPUR-562 101 3. THE CHILD DEVELOPMENT PLANNING OFFICER, ... PETITIONER DEPT. OF WOMEN & CHILD DEVELOPMENT, CHINTHAMANI, ZILLA PANCHAYATH, CHIKKABALLAPUR-562101.
4. SMT. SHANTHAMMA W/O V.MANJUNATH, AGED ABOUT 30 YEARS R/AT CHIKKA KARAKA MAKALAHALLI, CHINTHAMANI TALUK, CHIKKABALLAPURA DISTRICT.
... RESPONDENTS [R4 IMPLEADED VIDE COURT ORDER DATED. 23/08/2019.] (BY SRI T.S.MAHANTHESH, AGA FOR R1 TO R3, SRI R.KALYAN, ADV. FOR R4.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 03.03.2016 PASSED BY R-3 CHILD DEVELOPMENT PLANNING OFFICER, AT ANNEX-A AND PUBLICATION DATED 05.03.2016 IN NO.NIL ISSUED BY R-3 CHILD DEVELOPMENT PLANNING OFFICER AT ANNEX-B ETC.
THIS WRIT PETITION COMING ON FOR ‘ORDERS’ THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned counsel for the impleading applicant and the learned Addl. Govt. Advocate.
2. The case of the impleading applicant is that pursuant to notification dated 05.03.2016 she has submitted an application for the post of Anganwadi worker at Chika Karaka Makalahalli Anganawadi and the same is not being considered on account of the interim order operating in the instant writ petition. On account of the interim order operating in the instant writ petition, the consideration of the petitioner’s application has been stagnated and in view of the above, there being no opposition from the learned counsel for the petitioner, I.A. 1/2018 is allowed. Applicant is permitted to come on record as respondent No.4.
3. The instant writ petition is listed for considering the I.A. preferred by the impleading applicant and the application for vacating the interim order dated 29.04.2016 and with the consent of the counsels the petition is heard for disposal.
4. The facts in brief, necessary for disposal of the petition are that the petitioner was appointed as an Anganwadi Assistant on 20.08.2009 with effect from 01.09.2009. That after her appointment as Anganwadi Assistant her husband passed away on 28.05.2010.
Petitioner has completed a Bridge Course which is equal to S.S.L.C. course with the Karnataka State Open University.
That a vacancy arose in the present Anganwadi Centre and the petitioner submitted an application on 16.01.2016 requesting that she be considered for an appointment to the post of Anganwadi worker. The said application dated 16.01.2016 came to be rejected by endorsement dated 03.03.2016 on the ground that her place of residence is far away i.e. about 3.5 Kms. from the Anganwadi Centre. Thereafter, by notification dated 05.03.2016 the respondent invited applications for the post of Anganwadi worker at the said centre. Aggrieved by the rejection of her application the petitioner moved the instant writ petition. This court by order dated 29.04.2016 was pleased to grant interim relief staying the operation of the endorsement dated 03.03.2016 and subsequently invited applications for the post of Anganwadi worker dated 05.03.2016.
5. This court is constrained to express its anguish with the way the litigation has been conducted. The post is one of a Anganwadi worker and the role of a Anganwadi worker is to provide care and nutrition and nurture the kids belonging to the deprived classes. Thereby, the kids of all castes and communities, irrespective of castes communities, who on account of the economic conditions obtaining in their family are sought to be nourished and nurtured by the State through these Anganwadi centres and on account of this litigation a centre has been deprived of such worker for the last almost four years. The non appointment of the Anganwadi worker is not the loss of one individual, but what is of relevance and what has to be looked into is the loss to the community children who otherwise would have had the benefit of nourishment and care at the centre. The Angangwadi worker is required to be a localite as it has its advantages and remarks any questions of identity and promotes acceptance amongst the children. It also ensures that the Anganwadi worker who is familiar with the dietary habits of the region would be in an advantageous position to prepare and provide such nourishment of local flavors.
6. The schemes are undoubtedly under the Directive Principles of State Policy imposed by the Constitution of India. This being the background the delay in appointing has to be rued.
7. Be that as it may the fact remains that no notification inviting applications had been issued as on 16.01.2016 the date on which the petitioner made an application to consider her for the vacant post. It is also not in dispute that notification inviting applications came to be issued on 05.03.2016 only. In that view of the matter, the applications by the petitioner was pre-mature. It was always open to the petitioner to make another application pursuant to the notification dated 05.03.2016.
8. There can be no doubt that the question of distance etc. are issues that are required to be considered pursuant to a properly made application. In the instant case the earlier application was not only pre-mature but the consideration of the same on merits was wholly unwarranted. There being no notification or applications, the applications could have been kept pending and could have been taken up for consideration after steps had been initiated to appoint persons to the vacant posts. An over zealous act of the respondent authority rejecting the applicant has resulted in such an unfortunate circumstance depriving the needy children of a nourishment and nurture and care which otherwise is the intended objective of the scheme.
9. Hence, this court is of the considered opinion that the instant writ petition could be disposed off by directing the authority to consider and dispose off all applications received pursuant to the notification dated 05.03.2016. While directing so, it is also necessary to clarify that the petitioner shall also be entitled to file an application pursuant to the notification dated 05.03.2016 and if such an application is filed within two weeks from today, the same shall also be considered by the competent authority. The competent authority shall take up the applications for consideration after two weeks from today. In the meanwhile, if an application is made by the petitioner for appointment to the post of Anganwadi worker, the same shall be considered independently and without reference to the earlier order dated 03.03.2016. It is also made clear that the application if preferred within two weeks shall not be rejected on the ground of delay or being belated.
With the above observation, the writ petition stands disposed off.
The interim order granted earlier stands dissolved.
Accordingly, I.A. 2/2018 is disposed off.
Chs* CT-HR Sd/- JUDGE