SMT HEMAVATHI R v. REPTD. BY ITS SECRETARY

THE HON'BLE MR. JUSTICE V.SURI APPA RAO WRIT APPEAL NO.3960/2010 (S-RES) BETWEEN : SMT HEMAVATHI R W/O NAGARAJA AGED ABOUT 25 YEARS R/AT SEETHRAMAPURA CAMP KUDLIGERE POST BHADRAVATHI TALUK SHIMOGA DISTRICT. ...APPELLANT (BY SRI VIGHNESHWAR S SHASTRI, ADV) AND : 1 THE STATE OF KARNATAKA REPTD. BY ITS SECRETARY DEPARTMENT OF CHILD AND WOMEN'S WELFARE M.S.BUILDING, BANGALORE 1 2 THE SECRETARY DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT SHIMOGA ZILLAPANCHAYAT SHIMOGA. 2 3 THE SECRETARY TALUK PANCHAYATH BHADRAVATHI TALUK. 4 THE SECRETARY ATTHIGUNDA GRAMA PANCHAYATHI ARALEHALLI POST, BHADRAVATHI TALUK, SHIMOGA DISTRICT. 5 SINDHU W/O RAVI AGED ABOUT 24 YEARS R/AT SEETHARAMAPURA GAMP KUDLIGERE POST, BHADRAVATHI TALUK SHIMOGA DISTRICT. ...RESPONDENTS (BY SMT M.C.AKKAMAHADEVI, AGA FOR R1 TO R4, R5 SD.) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.27650/2009 DATED 16.10.2009. THIS APPEAL COMING ON FOR PRELIMINARY HEARING N.KUMAR J., DELIVERED THE FOLLOWING: THIS DAY, JUDGMENT This appeal is preferred by the petitioner challenging the order passed by the learned Single Judge who has declined to entertain the writ petition.

The petitioner/appellant applied on 03.11.2008 for the post of Anganwadi Karyakarte pursuant to the notification dated 3

24.10.2008. She was not selected, 5th respondent was selected. She preferred a writ petition challenging the selection of the 5th respondent on the ground as Seetharamapura Camp, Kudlagere Post, Bhadravathi Taluk consists of more than 40% of persons belonging to Scheduled Caste/Scheduled Post and therefore, the 5th respondent who did not belonged to the community could not have been appointed. The petitioner who belonged to the community should have been appointed. In support of her contention that 40% of the population of the said village belongs to Scheduled Caste/Scheduled Tribe. Annexure 'D' was produced, which is a list of Ration Card Holders issued by one S.B. Hanumanthappa.

The learned Single Judge declined to take note of the same on the ground Census figures should be obtained from the Census Department and not from the authorities of Food and Civil Supplies Department. Therefore, he dismissed the writ petition. Aggrieved by the same, the petitioner has preferred this appeal.

Learned Counsel for the petitioner assailing the impugned 4 order referring to the circular as well as the Notification that if in a village total population consists of persons belonging to Scheduled Caste, 40% of the same belongs to Scheduled Caste/Scheduled Tribe only an applicant belonging to said community should be appointed as Anganawadi Karyakarte and therefore, the appointment of the 5 th respondent who does not belonged to the community is illegal and requires to be set aside.

The Notification makes it very clear that reservation on the basis of caste is not applicable to the appointment of Anganawadi Karyakartes. However, it stipulates if, in a particular village 40% of the population belongs to Scheduled Caste/Scheduled Tribe, Minority or other Backward community only persons belonging to the such community should be appointed as Anganawadi Karyakarte and while calling for applications, a notification has to be issued to that effect. In the instant case, it is not notified that in the aforesaid village 40% of the population belongs to Scheduled Caste/Scheduled Tribe. In the absence of such a notification, persons belonging to all 5 community have applied and respondent No.5 has been selected. Now, before the Court for the first time the list of Ration Card Holders is produced issued by the Food and Civil Supplies Department to contend that more than 40% of the population belongs to Scheduled Caste/Scheduled Tribe. In that context. The learned Single Judge was right in saying that the Census figures has to be obtained from the Census Department and not from the Food and Civil Supplies Department.