BHATATI Vs. THE STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) 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.

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

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