Case Note & Summary
The petitioner, Smt. Vijayalaxmi, a woman belonging to the Scheduled Tribe community, applied for the post of Anganwadi Worker at Agarakhed-5 Anganwadi Center in Indi Taluk. The said Anganwadi Center had no reservation for Scheduled Tribes. The petitioner contended that very few posts were reserved for Scheduled Tribe candidates in the entire Indi Taluk in respect of Anganwadi Workers. She filed a representation dated 14.11.2024 before the respondents, objecting to the inadequate reservation. The respondents did not consider her representation. The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of certiorari to quash the impugned notification dated 09.10.2024 passed by respondent No.3 only in respect of Indi Taluka, and a writ of mandamus directing the respondents to consider her objections/representations dated 14.11.2024. The High Court, without expressing any opinion on the merits of the case, disposed of the petition with a direction to the respondents to consider the petitioner's representation dated 14.11.2024 and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of the order.
Headnote
A) Service Law - Reservation - Scheduled Tribes - Anganwadi Worker - The petitioner, a Scheduled Tribe woman, applied for the post of Anganwadi Worker at Agarakhed-5 Anganwadi Center, which had no reservation for Scheduled Tribes. She filed a representation objecting to the inadequate reservation for ST candidates in Indi Taluk. The High Court directed the respondents to consider her representation and pass appropriate orders in accordance with law, without expressing any opinion on merits. (Paras 1-4)
Issue of Consideration
Whether the petitioner, a Scheduled Tribe woman, is entitled to consideration of her representation regarding inadequate reservation for Scheduled Tribe candidates in Anganwadi Worker posts in Indi Taluk.
Final Decision
The writ petition is disposed of. The respondents are directed to consider the petitioner's representation dated 14.11.2024 and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No opinion is expressed on the merits of the case.
Law Points
- Reservation for Scheduled Tribes
- Anganwadi Worker recruitment
- Consideration of representation
- Writ of Mandamus
- Articles 226 and 227 of the Constitution of India
Case Details
2025 LawText (KAR) (07) 97
WP No. 203267 of 2024 (S-RES)
Smt. Hema L. Kulkarni (for petitioner), Smt. Archana P. Tiwari, AAG with Sri. Mallikarjun Sahukar, AGA for R1 to R3, Smt. Ratna N. Shivayogimath for R4 & R5
The State of Karnataka, Department of Personal & Administrative Reforms, Bengaluru; The Deputy Commissioner, Women & Child Development Department, Vijayapura; The Deputy Director, Women & Child Development Department, Vijayapura; The Chief Executive Officer, Zilla Panchayat, Vijayapura; The Child Development & Planning Officer, Women and Child Development Department, Indi
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging a notification and seeking consideration of representation regarding reservation for Scheduled Tribe candidates in Anganwadi Worker posts.
Remedy Sought
Petitioner sought a writ of certiorari to quash the impugned notification dated 09.10.2024 passed by respondent No.3 in respect of Indi Taluka, and a writ of mandamus directing the respondents to consider her objections/representations dated 14.11.2024.
Filing Reason
The petitioner, a Scheduled Tribe woman, applied for the post of Anganwadi Worker at Agarakhed-5 Anganwadi Center which had no reservation for Scheduled Tribes. She filed a representation objecting to the inadequate reservation for ST candidates in Indi Taluk, which was not considered by the respondents.
Issues
Whether the petitioner's representation regarding inadequate reservation for Scheduled Tribe candidates in Anganwadi Worker posts in Indi Taluk should be considered by the respondents.
Submissions/Arguments
Petitioner argued that very few posts are reserved for Scheduled Tribe candidates in the entire Indi taluk in respect of Anganwadi Workers, and her representation dated 14.11.2024 was not considered.
Ratio Decidendi
The court directed the respondents to consider the petitioner's representation regarding inadequate reservation for Scheduled Tribe candidates in Anganwadi Worker posts, without expressing any opinion on the merits, as the petitioner had a right to have her representation considered by the authorities.
Judgment Excerpts
Petitioner is a woman belonging to Scheduled Tribe community.
She has applied for the post of Anganwadi Worker at Agarakhed – 5, Anganwadi Center in Indi Taluk.
There is no reservation provided in the said Anganwadi Center.
On the ground that very few posts are reserved for Scheduled Tribe candidates in the entire Indi taluk, in respect of Anganwadi Workers, the petitioner has filed a representation dated 14.11.2024 before the respondents.
Without expressing any opinion on the merits of the case, the writ petition is disposed of with a direction to the respondents to consider the representation of the petitioner dated 14.11.2024 and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
Procedural History
The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Kalaburagi Bench, challenging a notification dated 09.10.2024 and seeking consideration of her representation dated 14.11.2024. The petition was heard and disposed of on 17.07.2025.
Acts & Sections
- Constitution of India: Articles 226, 227
