Writ petition challenging dismissal of transfer application by Tribunal and quashing of transfer order. Court found petitioner failed to establish she was not an excess teacher as Head Master lacked authority. Petition dismissed.
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NC: 2024:KHC-D:539-DB WP No. 104952 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF JANUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE K V ARAVIND WRIT PETITION NO. 104952 OF 2023 (S-KAT)
BETWEEN:
MRS. NASEEMABI MULLA, D/O. MR. ABDUL MULLA, AGE: 54 YEARS, OCC: ASSISTANT TEACHER, SENIOR URDU PRIMARY SCHOOL, POST: SANTEGULI, TALUK: KUMATA, DIST: UTTAR KANNADA-581323. CONTACT NO. 9449176044. EMAIL:- naseemabi_mulla@gmail. com.
…PETITIONER
(BY SRI. MANJUNATH TORAGAL, ADVOCATE)
AND:
Digitally signed by CHANDRASHEKARLAXMANKATTIMANI CHANDRASHEKARLAXMANKATTIMANIDate: 2024.01.12 15:12:50 +0530
…RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN ORDER OF SETTING ASIDE THE IMPUGNED ORDER PASSED BY THE KSAT BELAGAVI BENCH, IN A. NO.11288/2021 WHEREIN THE KSAT DISMISSED APPLICATION OF THE PETITIONER VIDES ANNEXURE-A AND ISSUE AN ORDER OF QUASHING THE IMPUGNED TRANSFER ORDER BEARING. SANKE. NAM.233/PRA.SHA.SHI/HE.MAA.SHI/ HECHUVARI/38/2018-19/187 DATED 23.05.2019 PASSED BY THE RESPONDENT NO.5 VIDE ANNEXURE-A3 WITH RESPECT TO PETITIONER AT SERIAL NO.7 OF THE SAID ORDER AND ISSUE AN ORDER OF QUASHING THE IMPUGNED ENDORSEMENT BEARING.SANKE.E2/KAT/WRNO/18/2020-21, DATED 03.09.2021 PASSED BY THE RESPONDENT NO.5 VIDES ANNEXURE-A16 AND ISSUE AN ORDER OF MANDAMUS DIRECTING RESPONDENTS TO TRANSFER THE PETITIONER FROM SANTEGULI URDU SCHOOL TO DEVALI URDU PRIMARY SCHOOL AS PER THE REQUEST LETTER SUBMITTED BY PETITIONER VIDES ANNEXURE-A13.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, S G PANDIT, J., MADE THE FOLLOWING:
- 3 - NC: 2024:KHC-D:539-DB WP No. 104952 of 2023
ORDER
The petitioner, applicant in Application
No.11288/2021 before the Karnataka State Administrative Tribunal at Belagavi (for short, ‘Tribunal’), is before this Court questioning order dated 27.09.2022, by which her application is rejected.
2. Heard Shri. Manjunath Toragal, learned counsel
for petitioner and Smt. Kirtilata R. Patil, learned HCGP for respondents, perused the writ petition papers.
3. Learned counsel for the petitioner would submit
that the petitioner was working as Assistant teacher at Government Lower Urdu Primary School at Divalli village in Kumta Taluk, Uttara Kannada District. It is submitted that since she was identified as excess teacher, was transferred as Assistant teacher to Senior Urdu Primary School, Santeguli, Kumta Taluk, Uttara Kannada District. Learned counsel would submit that the applicant/petitioner is not a excess teacher and without determining as to applicant is excess teacher at Government Lower Urdu
- 4 - NC: 2024:KHC-D:539-DB WP No. 104952 of 2023
Primary School at Divalli village, the respondent authorities transferred the petitioner. Further, learned counsel would submit that Head Master of Government Lower Urdu Primary School, Divalli has issued letter dated 17.08.2020 stating that one Urdu teacher and one Kannada teacher are working at present in the school and as the students strength is of 31, two Urdu teachers are required. Therefore, learned counsel would submit that the petitioner/applicant is not an excess teacher and she requires to be continued as Assistant teacher at Government Lower Urdu Primary School, Divalli. Thus, he prays for allowing the writ petition.
4. Having heard the learned counsel for the parties and on perusal of writ petition papers, we are of the view that the petitioner has not made out any ground to interfere with the order passed by the Tribunal as well as the endorsement issued by the State Government.
5. It is the contention of the petitioner/applicant
that the petitioner is not an excess teacher at Government
Lower Urdu Primary School at Divalli village, Kumaa Taluk, Uttara Kannada District. As indicated at Annexure-A10, letter of the head master of the School, the students strength is 31 and one Urdu and one Kannada teacher is working. The Head Master of the School is not competent to determine the excess teacher and he has no authority to issue such letter. The Government of Karnataka, Public Instructions Department has issued guidelines for determination of excess teacher. However, the petitioner/applicant has not placed on record the guidelines issued in respect of minority schools to determine the excess teacher. Unless the petitioner by producing material establishes that she is not excess teacher, she would not be entitled for any relief. Furthermore, the petitioner is not transferred out of District or far away place. The petitioner is transferred within the Taluk.
6. The Tribunal in its order has protected the interest of the petitioner by observing that, on completion
of her term at the transferred place, she could make representation for transfer in accordance with law. Further, it is also noted that the petitioner would be completing her tenure at the present place of transfer during the next academic year and if that is so, it is open for the petitioner to submit representation seeking transfer. If such representation is submitted, authorities shall consider the same in accordance with law.
7. With above, the writ petition stands dismissed .
Sd/JUDGE
Sd/JUDGE
RKM
List No.: 1 Sl No.: 9
2 issues framed by the court
Whether the Tribunal's order rejecting the petitioner's application regarding excess teacher transfer requires interference.
Whether the Head Master's letter determining excess teachers establishes grounds to quash the transfer.
1 provisions across 1 enactments
MRS. NASEEMABI MULLA
THE STATE OF KARNATAKA
S G PANDIT
K V ARAVIND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
