LAWS(KAR)-2022-6-437

LAKSHMI Vs. STATE OF KARNATAKA

Decided On June 02, 2022
LAKSHMI Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The petitioner, who was an applicant to the post of Anganawadi Worker pursuant to the advertisement issued by the third respondent has filed the instant writ petition with a prayer to quash the final selection list as per Annexure-H dated 'Nil' insofar as it relates to appointing sixth respondent to the post of Anganwadi Worker in Gadgi-5 Anganawadi Center, Bidar taluka and district and to direct the respondents to consider petitioner's application to the post of Anganawadi Worker of Gadgi-G Anganawadi Center, Bidar taluka and district.

(2.) The facts as revealed from the records, which are relevant for the purpose of disposal of this writ petition are that the petitioner as well as the sixth respondent who claims to be physically disabled candidates had filed their applications seeking appointment to the post of Anganawadi Worker at Gadgi-5 Anganawadi Center, Bidar taluka and district. The petitioner allegedly has scored 46.24% of marks in SSLC examination while the sixth respondent has scored only 44.80% of marks in her SSLC examination. The competent authority considering the documents of the petitioner as well as the sixth respondent filed along with the application by said applicants had issued the provisional selection list notifying the name of the sixth respondent to the post of Anganawadi Worker. The said provisional list was issued on 1/3/2021. The petitioner had filed her objections to the same on 16/3/2021, wherein, she had brought to the notice of the competent authority that she had scored higher marks than the sixth respondent in her SSLC examination and since both of them have claimed selection under the physically disabled quota, the petitioner's application ought to have been considered for appointment. After receipt of the same, the competent authority has referred the petitioner as well as the sixth respondent to the medical board for the purpose of medical examination by the competent medical board.

(3.) The learned High Court Government Pleader who appears for respondent Nos.1 to 5 submitted that the medical board has issued certificates to the effect that both the petitioner as well as sixth respondent had physical disability to the extent of 45% to 50% in respect of the petitioner and 50% in respect of the sixth respondent. However, thereafterwards, the impugned final selection list has been issued notifying the sixth respondent's name as appointed to the post of Anganawadi Worker at Gadgi-5 Anganawadi Center, Bidar taluka and district.