Lecturer challenged a transfer proposal moving him as Principal to another college. During pendency he resigned the Principal's post and the trust accepted it; the petition became infructuous. Respondent No.4 undertook to pass orders permitting him to continue as Lecturer in History within 15 days.
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NC: 2024:KHC-D:9061 WP No. 102811 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO.102811 OF 2024(S-TR)
BETWEEN:
MAHABALESHWAR S/O. SHIVAPPA ITAGI, AGE: 54 YEARS, OCC: LECTURER (HISTORY), KANARA WELFARE TRUSTS, JANATA VIDYALAYA PRE-UNIVERSITY COLLEGE, DANDELI, R/O: NO.501, BEHIND COVENT SCHOOL, TOWNSHIP, DANDELI – 581 325, TQ: HALIYAL, DIST: UTTAR KANNADA.
…PETITIONER
(BY SRI SUHAS K. HOSAMANI, ADVOCATE FOR SRI A. S. PATIL, ADVOCATE)
AND:
Digitally signed by V N BADIGER Location: High Court of Karnataka
M. S. BUILDING, BENGALURU – 560 001.
…RESPONDENTS
(BY SRI P.N.HATTI, HCGP FOR R1 TO R3; SRI SURESH BHAT, ADVOCATE FOR R4; SRI RAJASHEKAR BURJI, ADVOCATE FOR R6; NOTICE TO R5 IS SERVED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION, QUASHING THE IMPUGNED PROPOSAL DATED 25.04.2024 BEARING NO.KWT/2024/47 TO THE RESPONDENT NO.2 THROUGH THE PROPER CHANNEL IE THE RESPONDENT NO.3 AS PER ANNEXURE-L. AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
ORDER
proposal dated 25.04.2024 as per Annexure-L given by respondent No.4 to respondent No.2 through respondent No.3 proposing to transfer petitioner from his post of Principal of the respondent No.5-College to the post of Principal of Janata Vidyalaya Composite PU College, Shirali, Bhatkal.
as well as the respondents submit that petition has become infructuous.
days from the date of receipt of certified copy of this order.
no order is required with regard to Annexure-L as the
same to the extent pertaining to the petitioner has
become infructuous.
SD/JUDGE
KGK/CT-ASC List No.: 1 Sl No.: 31
1 issue framed by the court
Whether the proposal to transfer the petitioner as Principal could be challenged after his resignation from that post had been accepted.
Mahabaleshwar S/o. Shivappa Itagi
The State of Karnataka, represented by its Secretary, Department of Pre-University Education
The Director, Department of Pre-University Education
The Deputy Director, Department of School Education (Pre-University), Karwar
Kanara Welfare Trust, Ankola
Janata Vidyalaya Composite Pre-University College, Dandeli
M.G.S. Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
