Disposed

Umesh M v. the State of Karnataka

Karnataka HC25 Jan 2023WP/1856/2023

Case brief

AI extract

What is this about?

In a preliminary hearing on a writ petition challenging a college post-shifting order, the High Court directed respondents to postpone the transfer of petitioners until 30 April 2023, subject to an undertaking to join new posts from 2 May 2023.

What did the court decide?

Directing respondents to postpone shifting of posts and transfer of petitioners till 30.04.2023, subject to undertaking to join shifted posts from 02.05.2023.

Umesh M Vs the State of Karnataka — Education and Admissions | Karnataka HC (2023)

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1 - WP No. 1856 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF JANUARY, 2023

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PRESENT

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THE HON'BLE MR. JUSTICE G.NARENDAR AND

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THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION NO. 1856 OF 2023 (S-KSAT)

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BETWEEN:

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Digitally signed by C HONNUR SAB Location: High Court of Karnataka

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UMESH M S/O Y B MALLAPPA, AGED 43 YEARS, R/AT NEW AJJAMPURA ROAD, 3^RD CROSS, BEERUR, KADUR TALUK, CHIKMAGALURU DISTRICT - 577 116 PRESENTLY WORKING AT GFGC YAGATI – 577140

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PRASANNA KUMARA B S., S/O LATE SHRINIVASA REDDY, AGED 45 YEARS, R/AT SRINIDHIDHAMA, 8^TH MAIN ROAD, ATTUR LAYOUT, NEAR ARUNA PINEWOOD APARTMENT, YALAHANKA, BENGALURU - 560 064 PRESENTLY WORKING AT GFGC FOR WOMEN DODDABALLAPURA - 561203

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…PETITIONERS

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(BY SRI. K RAVISHANKAR., ADVOCATE)

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WP No. 1856 of 2023

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AND:

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THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF COLLEGIATE AND TECHNICAL EDUCATION, VIDHANA SOUDHA, BENGALURU-560 001

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THE COMMISSIONER DEPARTMENT OF HIGHER EDUCATION, NO.30 PRASANNAKUMAR BLOCK BENGALURU CENTRAL UNIVERSITY CAMPUS Y. RAMACHANDRA ROAD, GANDHINAGAR, BENGALURU-560 009

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THE GOVERNMENT FIRST GRADE COLLEGE YAGATI, REP. BY ITS PRINCIPAL, KADUR TALUK, CHIKMAGALURU DISTRICT-577140

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THE GOVERNMENT FIRST GRADE COLLEGE FOR WOMEN DODDABALLAPUR, REP. BY ITS PRINCIPAL, BENGALURU RURAL DISTRICT-561203

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THE GOVERNMENT FIRST GRADE COLLEGE FOR WOMEN SAGAR, REP. BY ITS PRINCIPAL, SAGAR TALUK, SHIVAMOGGA DISTRICT-577401.

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THE GOVERNMENT FIRST GRADE COLLEGE DHARWAD REP. BY ITS PRINCIPAL, DHARWAD TALUK, DHARWAD DISTRICT-580001.

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…RESPONDENTS

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(BY SMT. SHILPA S.GOGI, HCGP.)

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WP No. 1856 of 2023

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 19.01.2023 PASSED BY THE KAT BENGALURU IN A.No229-230/2023 (PRODUCED VIDE ANNEXURE-A) TO THE WRIT PETITION.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, G.NARENDAR J., MADE THE FOLLOWING:

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ORDER

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Heard the learned counsel for the petitioners and the learned AGA.

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The petitioners are before this Court questioning the order dated 19.01.2023 passed in Application Nos.229230/2023, whereby the Tribunal has been pleased to reject the interlocutory application seeking for an interim relief of stay of the impugned order dated 30.12.2022 passed by the second respondent.

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The facts in a nutshell are that the respondents after having assessed the situation have come to a conclusion that the strength of the students in the college where the petitioners are employed, having depleted and the staff resources being in excess of the requirements, have deemed it fit to shift the

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WP No. 1856 of 2023

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posts to colleges where the students strength and the staff ratio is on the lower side.

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It is the case of the petitioners that petitioners being physical education teachers and librarians, who are not teaching staff and in terms of the Transfer Rules more particularly, Rule 3 which deals with the shifting of posts the impugned order is prima facie vitiated by the provisions of the said rule. Rule 3 reads as under:

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“3. Shifting of Posts. – (1) If sufficient workload is not available for teaching staff in any Government First Grade College in any subject such number of posts as determined as surplus may be shifted to any other College within the same zone where the workload is sufficient for shifting of post by the competent authority:

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Provided that, if a Government First Grade College with sufficient workload in that subject is not available in the same zone, such number of posts in that subject shall be shifted to any Government First Grade College having sufficient workload in any other, as far as possible in neighbouring or nearby Zone by the Competent Authority.

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WP No. 1856 of 2023

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Provided further that, if a staff is shifted along with the post, the place and Zone of earlier regular posting before shifting shall be considered for determining minimum length of service for transfer under Rule 4 and for preparing priority list under Rule 5.”

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The first and second provisos to the Rule prima facie reads contrary to the contention that is being canvassed by the petitioner. A bare reading of the provisos would show that the authorities are empowered to shift posts even outside the zone. Be that as it may, the same requires to be considered after a detailed hearing.

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After hearing for some time the learned counsel for the petitioners would pray that the petitioners be permitted to resume their duties in the shifted posts and the shifting also be postponed till the end of the academic order.

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It is seen that the orders of shifting having been passed during the middle of the academic year. It cannot be ruled out that the petitioners, having families and children dependent on them, would not be put to hardship.

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WP No. 1856 of 2023

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In that view of the matter, we are of the considered

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opinion that the instant writ petition could be disposed of by directing the respondents to postpone the shifting of the posts and transfer of the petitioners till the end of April, 2023 i.e., 30.04.2023 subject to the condition that the petitioners shall submit an undertaking to the jurisdictional authority that they shall join to the shifted posts with effect from 02.05.2023.

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Writ petition stands ordered accordingly.

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All contentions with regard to the merits of the case are left open.

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There shall be no order as to costs.

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Sd/JUDGE

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Sd/JUDGE

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ykl List No.: 1 Sl No.: 7

Umesh M v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Umesh M v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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