A writ petition challenging a transfer order from 2013 was dismissed. The High Court held that since the petitioner had an interim order for 11 years and was promoted to Principal, quashing the old order served no purpose.
Petition dismissed; pending applications dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.5426 OF 2013 (S-TR)
BETWEEN:
M.G.GANESHA S/O LATE N.G BASAPPA AGED ABOUT 27 YEARS WORKING AS TEACHER KANNADA LANGUAGE SRI.MORARJI DESAI RESIDENTIAL SCHOOL GAJANUR SHIVAMOGGA TALUK & DISTRICT PIN CODE – 577 302
…PETITIONER
(BY SRI. BASAVARAJ POOJAR S, ADVOCATE)
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
AND:
SHIVAMOGGA
SHIVAMOGGA DISTRICT – 577432
…RESPONDENTS
(BY SMT.PRATHIBHA, AGA FOR R.2; SRI.SHREEDEEP N, ADVOCATE FOR SRI.NAGAIAH, ADVOCATE FOR R.1; NOTICE TO R.3, R.4 AND R.5 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 3.1.2013 PASSED BY RESPONDENT NO.1 VIDE ANNEXURE-B, FURTHER QUASH CONSEQUENTIAL ORDER DATED 18.1.2013 PASSED BY RESPONDENT NO.2 VIDE ANNEXURE-C AND ALSO QUASH THE ORDER DATED 22.1.2013 PASSED BY THE RESPONDENT NO.4 VIDE ANEXURE-D AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner, who was working as a Kannada
Teacher in respondent No.4 residential school assailing transfer order dated 03.01.2013, has knocked doors of this Court.
counsel appearing for respondent No.1, this petition does not survive for consideration.
Accordingly, this petition stands dismissed.
Pending applications, if any, are also dismissed.
Sd/JUDGE
NBM
List No.: 1 Sl No.: 25
1 issue framed by the court
Whether a writ petition challenging a 2013 transfer order should be allowed when the petitioner was granted an interim order for 11 years and has since been promoted to Principal.
M.G.GANESHA
THE EXECUTIVE DIRECTOR KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY
DISTRICT SOCIAL WELFARE OFFICER SHIVAMOGGA
THE PRINCIPAL MORARJI DESAI RESIDENTIAL SCHOOL
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
