The Barakur Educational Society R Vs State of… — Writ and Judicial Review | Karnataka HC (2026)

The Barakur Educational Society R Vs State of… — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

No substantive relief; the writ petition was dismissed, with a protective direction that the respondent-authority shall not precipitate action against the petitioner-Institution till the conclusion of the PUC examination.

Issue for consideration

Whether the Memos dated 20.08.2024 and 22.03.2024 (Annexures-A and B) and the order dated 13.03.2024 (Annexure-B1) transferring teachers/lecturers of the petitioner College are liable to be quashed. +1 more

Court's answer

On the show-cause notice record, the petitioner College had only nine I PUC students and ten II PUC students for academic year 2022-23, notwithstanding the petitioner's claim of 400 students.

Ratio / Principle

Taking into consideration Rule 23(2) of the Karnataka Pre-University Education (Academic, Registration, Administration and Grant-in-Aid etc.) Rules, 2006, there is no error in the impugned Memos dated 20.08.2024 and 22.03.2024 (Annexures-A and B) and the order dated 13.03.2024 (Annexure-B1) issued by the respondents.

Key takeaways

Since the PUC examination is in progress, in the interest of students, the respondent-authority shall not precipitate the matter against the petitioner-Institution till the conclusion of the PUC examination.ratio¶38

Detailed headnote1 paragraphs

Education - Transfer of teachers/lecturers - Writ petition under Articles 226 and 227 of the Constitution of India by an educational society challenging Memo dated 20.08.2024 (Annexure-A), Memo dated 22.03.2024 (Annexure-B) and order dated 13.03.2024 (Annexure-B1) issued by respondent No.4, whereby the Government decided to transfer teachers/lecturers of the petitioner College, and seeking an opportunity of audi alteram partem on its reply dated 24.02.2023 to the show-cause notice dated 19.02.2023. Held: Although counsel claimed 400 students, the show-cause notice showed only nine I PUC and ten II PUC students for 2022-23; applying Rule 23(2) of the Karnataka Pre-University Education (Academic, Registration, Administration and Grant-in-Aid etc.) Rules, 2006, the court found no error in the impugned Memos and order. Writ petition dismissed; however, since PUC examinations were in progress, the respondent-authority was directed not to precipitate the matter against the petitioner-Institution till conclusion of the PUC examination.

1 -

NC: 2026:KHC:12781 WP No. 25659 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.25659 OF 2024 (EDN-RES)

BETWEEN:

THE BARAKUR EDUCATIONAL SOCIETY (R) BARKUR, BRAMHAVAR TALUK UDUPI DISTRICT-576 210 REPRESENTED BY ITS SECRETARY SRI. ASHOK KUMAR SHETTY.

…PETITIONER

(BY SRI. GAGAN K., ADVOCATE FOR SRI. HAREESH BHANDARY T., ADVOCATE)

AND:

STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT

Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA

DEPARTMENT OF HIGHER EDUCATION (PUC) M.S.BUILDING BENGALURU-560001.

THE COMMISSIONER PRE-UNIVERSITY BOARD 18^TH CROSS, MALLESHWARAM, BENGALURU-560012.

THE DIRECTOR

DEPARTMENT OF PUBLIC INSTRUCTIONS (PRE-UNIVERSITY) 18^TH CROSS, MALLESWARAM BENGALURU-560012.

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HC-KAR

THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS (PRE-UNIVERSITY), RAJATADRI, MANIPAL UDUPI DISTRICT, UDUPI-576101

SRI. BHAGATH K. S/O LAKSHMINARAYANA RAO AGED ABOUT 40 YEARS PROFESSOR IN CHEMISTRY NATIONAL PRE-UNIVERSITY COLLEGE BARAKUR, UDUPI TALUK & DISTRICT R/O DOOR NO. 90, SURABHI POST OFFICE ROAD FORT SHIVAMOGGA.

…RESPONDENTS

(BY SMT. SUKANYA BALIGA B., AGA FOR R1 TO R4; SRI. K. SREEDHAR, ADVOCATE FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE MEMO DATED 20.08.2024 IN NO. SHA.SHI. E(PAPOO)U/NE.PA.POO.KA.BA/02/2024-25 AT ANNEXURE-A, THE MEMO DATED 22.03.2024 IN SHA.SHI.E/ PAPOO. U/S.U.COBBANDI-3/S.U.053/KA.KA/2019-20 AT ANNEXURE-B AND THE ORDER DATED 13.03.2024 BEARING NO. DPUEEST30SU(LPA)/1/2023 AT ANNEXURE-'B1' ISSUED BY THE RESPONDENT NO.4. FURTHER DIRECT THE RESPONDENTS TO GIVE AN OPPORTUNITY OF AUDI ALTERAM PARTEM IN RESPECT OF REPLY DATED 24.02.2023 VIDE ANNEXURE-M TO

3 - NC: 2026:KHC:12781 WP No. 25659 of 2024

HC-KAR

THE SHOW-CAUSE NOTICE DATED 19.02.2023 VIDE ANNEXURE-L.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

Heard learned counsel appearing for the parties.

This writ petition is filed by the petitioner assailing the order dated 20.08.2024 (Annexure-A) and the consequential orders wherein, the respondent - Government has taken a decision to transfer the teachers / lecturers in the petitioner - College as per Annexure-A to the writ petition.

Learned counsel for the petitioner submits that the number of students in the College, that there are 400 students in the petitioner - College. However, on careful consideration of the Annexure- L - show cause notice dated 19.02.2023, issued by the respondent - authorities to the petitioner - College, would indicate that for the academic year 2022-23 there were only nine I PUC students and ten II PUC students.

4 - NC: 2026:KHC:12781 WP No. 25659 of 2024

HC-KAR

Taking into consideration the provision contained in Rule 23(2) of the Karnataka Pre-University Education (Academic, Registration, Administration and Grant-in-Aid etc.) Rules, 2006, I am of the view that, there is no error in the impugned Memos dated 20.08.2024 and 22.03.2024 at Annexures-A and B and the order dated 13.03.2024 at Annexure-B1, issued by the respondents.

Accordingly, the Writ Petition is dismissed.

It is made clear that since examination for PUC students is in progress, in that view of the matter, in the interest of students, the respondent - authority shall not precipitate the matter against the petitioner - Institution till the conclusion of the PUC examination.

SD/(E.S.INDIRESH) JUDGE

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