Allowed

New Secondary High School Bhoj v. the State of Karnataka

Karnataka HC25 Mar 2021WP/101159/2018

Case brief

AI extract

What is this about?

This judgment allows multiple writ petitions challenging the transfer of a teacher deemed surplus from an Autonomous School. The court quashed the transfer order and the confirming revisional order for violating the principles of natural justice, specifically the lack of a hearing, and directed the authority to reconsider the teacher's request to remain in service by teaching other subjects.

What did the court decide?

Impugned official memorandum dated 02.09.2015 and the confirmatory order dated 30.03.2017 were quashed. Respondent No.3 was directed to reconsider the petitioners' request within three months and pass

New Secondary High School Bhoj Vs the State of… — Education and Admissions | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 25^TH DAY OF MARCH, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

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Writ Petition No.101159/2018

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& 104795/2018 (EDN-RES)

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C/w.

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Writ Petition No.21387/2017 & 21540/2017 And

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Writ Petition No.108663/2018

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In Writ Petition No.101159/2018 & 104795/2018

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Between

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New Secondary High School Bhoj,

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Represented by Head Master, Shri. Shivaji S/o. Vithoba Kesarkar,

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Age 52 years, R/o. Lakhnapur, Tq. Chikodi, Dist. Belagavi.

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Latte Education Society,

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Represented by its Chairman, Shri Sandeep S/o. Ashok Patil, Age 40 years, Occ: Agriculture, R/o. Bhoj, Tq. Chikodi, Dist. Belagavi.

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...Petitioners

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(By Sri. Shivaraj P. Mudhol, Advocate)

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A n d

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The State of Karnataka, Represented by its Secretary, Department of Primary and Secondary Education, 4^th floor, M.S.Building, Bengaluru.

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Under Secretary to the Government (Service) Department of Primary and Secondary Education, 4^th floor, M.S.Building, Bengaluru.

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The Additional Commissioner, Department of Public Instruction, Dharwad.

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The Deputy Director of Public Instruction, Department of Public Instruction, Dharwad.

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The Block Education Officer, Karwar, Tq. Karwar, Dist. Uttara Kannada.

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Union Education Society Majali Karwar, Tq. Karwar, Dist. Uttara Kannada, Represented by its Secretary.

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The President Union Education Society Majali Karwar, Tq. Karwar, Dist. Uttara Kannada.

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Balasaheb S/o. Bhima Gaste, Age 55 years, Occ: Teacher, Union High School Majali Karwar, Tq. Karwar, Dist. Uttara Kannada (Karwar)

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... Respondents

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(Sri. Vinayak S. Kulkarni, AGA for R1 to R5; Sri. J.S.Shetty, Advocate for R6 & R7; Sri. Praveen Tarikar, Advocate for R8)

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This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the impugned order dated 02.09.2015 in No.G11 ShaShi.A.He.Me.Hom.Proudha:04:201516-2489 passed by the 3^rd respondent vide Annexure-A and the impugned order dated 30.03.2015 in Revision Petition No.141/2015 ED 373 SLB 2015, passed by the 2^nd respondent vide Annexure-B.

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In Writ Petition No.21387/2017 & 21540/2017

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Between

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Union Education Society,

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Majali, Karwar, Uttara Kannada District – 581345, A Society registered under Societies Registration Act, By its Secretary, Sri. Neelakanth S/o. Ganashyam Pawar, Age 72 years, R/o. Wangad, Majali, Karwar, Uttara Kannada – 581345.

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President, Union Education Society, Majali, Karwar (U.K.) – 581345, Sri. Ravindra Narayan Pawar, Age 75 years, R/o. Majali, Karwar

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...Petitioners

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(By Sri. J.S.Shetty, Advocate)

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A n d

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The State of Karnataka, Represented by its Secretary, Department of Primary and Secondary Education, 4^th floor, M.S.Building, Bengaluru-560001

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Under Secretary to the Government (Service) Department of Education (Primary and Secondary) 4^th floor, M.S.Building, Bengaluru-560001

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Additional Commissioner of Public Instructions, Department of Public Instruction, Dharwad-580001

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Deputy Director of Public Instructions, Department of Public Instruction, Karwar, Uttara Kannada District - 581301

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The Block Education Officer, Department of Public Instructions, Karwar, Uttara Kannada District 581301

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Balasaheb Bhima Gaste, Asst. Teacher, Major, Union High School, Majali, Karwar, Dist. Uttara Kannada – 581345.

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New Secondary High School, Bhoj, Taluk : Nippani, Chikkodi taluk, Dist. Belagavi – 591237, By its Chairman.

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... Respondents

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(Sri. Vinayak S. Kulkarni, AGA for R1 to R5; Sri. Praveen Tarikar, Advocate for R6; Sri. Shivaraj P. Mudhol, Advocate for R7)

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This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the impugned order dated 02.09.2015 passed by the Respondent No.3 vide Annx-A and also the order dated 30.03.2017, passed by the respondent No.2 in Revision Petition No.141/2015 ED 373 SLB 2015 vide Annx-B.

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In W.P.No.108663/2018

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Between

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Balasaheb B. Gaste S/o. Bhima Gaste, Aged about 55 years, Occ: Asst. teacher, Union High School, Union High Court, Majali, Karwar-581304, Dist. Uttara Kannada.

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...Petitioner

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(By Sri. Praveen P. Tarikar, Advocate)

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A n d

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The State of Karnataka, Represented by its Secretary, Department of Primary and Secondary Education, 4^th floor, M.S.Building, Bengaluru.1

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Under Secretary to the Government (Service) Department of Education (Primary and Secondary) 4^th floor, M.S.Building,

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Bengaluru.

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Additional Commissioner of Public Instructions, Department of Public Instruction, Dharwad.

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Deputy Director of Public Instructions, Department of Public Instruction,

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Karwar, Uttara Kannada District.

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Block Education Officer, Department of Public Instructions, Karwar, Uttara Kannada District.

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Union Education Society, Majali, Karwar (U.K.) A Society registered under Societies Registration Act, By its Secretary, Uttara Kannada.

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The President, Union Education Society, Majali, Karwar (U.K.) Karwar District

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New Secondary High School, Bhoj, Taluk : Nippani, Chikkodi Taluk, Dist. Belagavi, Rep. by its Head Master.

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... Respondents

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(Sri. Vinayak S. Kulkarni, AGA for R1 to R5; Sri. J.S.Shetty, Advocate for R6 & R7; Sri. Shivaraj P. Mudhol, Advocate for R8)

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This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the order No.G11:ShaShiA:He.Ma.Hom.Proudha:04:2015-16-2489 dated 02.09.2015 passed by the third respondent, the copy of which has been produced herewith as Annexure-A and also the order dated 30.03.2017, passed by the 2^nd respondent in Revision Petition No.141/2015 ED 373 SLB 2015 the copy of which has been produced herewith at Annexure-B.

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These writ petitions coming on for preliminary hearing in ‘B’ group, this day, the Court made the following:

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ORDER

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In all these writ petitions, the petitioners have questioned the official memorandum dated 02.09.2015 issued by the 3^rd respondent, whereby, Sri. Balasaheb who was working as Marathi Teacher in the school run by Union Education Society, Majali, Karwar (U.K.), is transferred to New Secondary High School, Bhoj, taluk : Nippani, Chikkodi, on the ground that, he was surplus.

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Learned counsel for the petitioners in W.P.Nos.21387/2017 & 21540/2017 submits that, the sanctioned strength of the teaching staff is nine, and at present, only seven teachers are working. Hence, Sri. Balasaheb cannot be treated as surplus Teacher.

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Learned counsel for the petitioners in W.P.Nos.101159/2018 & 104795/2018 submits that, transferring the Marathi Teacher from Union Education Society, Majali, Karwar (U.K.), to New Secondary High School, Bhoj, taluk : Nippani, Chikkodi, is not permissible. He further submits that,

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the impugned official memorandum dated 02.09.2015 could not have been passed without providing an opportunity of hearing to the petitioner.

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Learned counsel for the petitioner in

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W.P.No.108663/2018 submits that, the petitioner was appointed as Marathi Teacher in the Union Education Society, Majali, Karwar (U.K.), and has been transferred to New Secondary High School, Bhoj, taluk : Nippani, Chikkodi, though he is not surplus teacher and he intends to continue his service in the Union Education Society, Majali, Karwar (U.K.). The 3^rd respondent has transferred the petitioner on the ground that he is a surplus teacher, though sanctioned strength of the said school is nine and at present there are only seven teachers who are working. Hence, the petitioner cannot be considered as surplus staff.

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Learned AGA submits that, at present there are no Marathi students studying in the school run Union Education Society, Majali, Karwar (U.K.) and Sri. Balasaheb who was appointed as a Marathi Teacher cannot be continued in the said school and he was transferred to the New Secondary High

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School, Bhoj, taluk : Nippani, Chikkodi, to the sanctioned vacant post for teaching Marathi subject. Hence, he submits that, the impugned memorandum issued by respondent No.3 and also confirmed by the Revisional Authority is perfectly legal and does not call for any interference.

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I have considered the submissions made by the learned counsel for the parties and perused the materials placed before this Court.

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It is not in dispute that, the sanctioned strength in

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the Union Education Society, Majali, Karwar (U.K.) is nine and at present there are only seven teachers who are working. It is also not in dispute that, there are no Marathi students studying in the school, run by the Union Education Society, Majali, Karwar (U.K.). However, in the official memorandum dated 02.09.2015 at Annexure – N in W.P.No.21387/2012, issued by the 3^rd respondent, Smt. Sudha who was appointed as Marathi Arts Teacher at Saraswati Vidyalaya, Karwar is transferred as Hindi Teacher at Shivaji Proudashale, Karwar. This order clearly

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discloses that the Marathi Teacher has been transferred to a post of Hindi Teacher.

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The respondent No.3 before issuing the impugned official memorandum has not issued any notice to the petitioner. In the instant case, though there are no Marathi students in the Union Education Society, Majali, Karwar (U.K.), but there are sufficient number of students pursuing other subjects, the petitioner Sri. Balasaheb B. Gaste S/o. Bhima Gaste, who is treated as surplus staff, can be accommodated to teach other subjects.

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The grievance of the petitioner is that, the respondent authorities should have retained the aggrieved teacher in the school run by Union Education Society, Majali, Karwar (U.K.), which requires to be reconsidered in the light of the official memorandum dated 02.09.2015 at Annexure-N in W.P.No.21387/2012. Admittedly, the aggrieved teacher is willing to continue in the school run by Union Education Society, Majali, Karwar (U.K.).

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The respondent-authorities before transferring the aggrieved Teacher should have confirmed, whether the aggrieved teacher is suitable or not so as to be accommodated to teach other subjects having regard to the vacant posts in other subjects.

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In view of the above discussion, I am of the view that the impugned official memorandum dated 02.09.2015 issued by respondent No.3 and so also the order dated 30.03.2017 passed by the Principal Secretary, Department of Primary and Secondary Education, Government of Karnataka requires to be quashed and the matter requires to be reconsidered by the 3^rd respondent, in accordance with law.

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Accordingly, the writ petitions are allowed. The impugned official memorandum dated 02.09.2015 issued by respondent No.3 at Annexure-A and also order dated 31.03.2017 passed by respondent No.1 at Annexure-B is quashed. Respondent No.3 is directed to consider the request of the petitioner for retaining the aggrieved teacher at the school run by the Union Education Society, Majali, Karwar (U.K.) and pass

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appropriate order in accordance with law, after notifying all the petitioners.

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The said exercise shall be completed within a period

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of three months from the date of copy of this order.

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Sd/JUDGE

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*Svh/-

New Secondary High School Bhoj v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

New Secondary High School Bhoj v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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