Sri Tejaswi C Vs the Principal Secretary and Appellate Authority

SRI TEJASWI C., S/O. CHIKKANNA B.S., AGED ABOUT 43 YEARS, WORKING AS ASSISTANT DRUGS CONTROLLER, NOW WAITING FOR POSTING AT, OFFICE OF COMMISSIONER, FOOD SAFETY AND DRUG ADMINISTRATION, PALACE ROAD, BENGALURU - 560 001.

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Digitally signed by VINUTHA B S Location: High Court of Karnataka

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RESIDING AT NO.43, 2^ND FLOOR, FLAT NO.21, SRINIVASA APARTMENTS, 6^TH CROSS, MALLESHWARAM, BENGALURU-560 003.

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…PETITIONER

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(BY SRI. PRITHVEESH.M.K., ADVOCATE)

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AND:

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THE PRINCIPAL SECRETARY

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AND APPELLATE AUTHORITY, DEPARTMENT OF HEALTH & FAMILY WELFARE, VIKASA SOUDHA, BENGALURU-560 001.

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NC: 2026:KHC:20510-DB WP No. 8512 of 2026

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HC-KAR

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THE COMMISSIONER, DEPARTMENT OF FOOD SAFETY AND DRUG ADMINISTRATION, PALACE ROAD, BENGALURU-560 001.

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…RESPONDENTS

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(BY SRI. REUBEN JACOB, AAG A/W SRI. V.SHIVAREDDY, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS PERTAINING TO THE IMPUGNED ORDER DATED 10.03.2026 PASSED IN APPLICATION No.1897/2026 BY THE HON'BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH (ANNEXURE-A) AND SET ASIDE THE IMPUGNED ORDER DATED 10.03.2026 PASSED IN APPLICATION No.1897/2026 BY THE HON'BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH (ANNEXURE-A) IN SO FAR AS REJECTION OF INTERIM PRAYER IS CONCERNED AND ETC.

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

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CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND

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NC: 2026:KHC:20510-DB WP No. 8512 of 2026

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HC-KAR

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE K. V. ARAVIND)

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The applicant in Application No.1897/2026 has filed the present writ petition challenging the order dated 10.03.2026 passed by the Karnataka State Administrative Tribunal, Bengaluru (for short “the Tribunal”).

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The brief facts of the case are that the petitioner, who is working as an Assistant Drug Controller, was awaiting posting from 20.11.2025 upon returning from higher studies. The petitioner filed an application challenging the transfer order dated 20.12.2025, whereby he was posted as Assistant Drug Controller, Kalburgi Circle, Kalburgi. The challenge was on the ground that the said post is classified as a ‘critical’ post in violation of the applicable guidelines. It was also contended that other available postings were not notified to enable the petitioner to exercise his option.

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2.1 The Tribunal, by order dated 26.12.2025, issued emergent notice observing that the interim prayer required consideration after hearing the respondents. Thereafter, by order dated 10.03.2026, the Tribunal passed the impugned

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HC-KAR

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order holding that the classification of a ‘critical vacancy’ falls within the domain of administrative exigency and public interest, and that no fault could be found with the posting of the petitioner to Kalburgi Circle, Kalburgi.

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Sri M.K. Prithveesh, learned counsel appearing for the petitioner, submits that the post in question, namely Assistant Drug Controller, Kalburgi Circle, was not earlier notified as a ‘critical’ post. It is further submitted that the petitioner was not informed of other available critical vanacy to enable him to exercise his option. It is also contended that the classification of the present post as ‘critical’ is erroneous. Learned counsel further submits that there were other similar posts, including in Bengaluru, which were not notified. It is lastly submitted that the impugned order of the Tribunal declining to grant stay of the transfer order is unsustainable.

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Per contra , Sri Reuben Jacob, learned Additional Advocate General, along with Sri V. Shivareddy, learned Additional Government Advocate appearing for the respondents, has filed a memo dated 17.03.2026 along with three documents. Referring to document No.1 dated 12.09.2025, learned

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HC-KAR

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Additional Advocate General submits that, as on 12.09.2025, three posts of Assistant Drug Controller were classified as critical posts. It is submitted that, in the counselling held on 15.09.2025, the vacancy at Madikeri was filled, and in the counselling held on 06.10.2025, the vacancy at Mangaluru was filled.

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4.1 It is further submitted that, in the meantime, one more post of Assistant Drug Controller was notified as a critical posting in Kalburgi Circle, and the same was filled by the petitioner in the counselling held on 29.11.2025. Learned Additional Advocate General submits that all four available critical vacancies were notified; however, by the time the petitioner’s turn arose, only the vacancy at Kalburgi was available. Hence, it is contended that the submission that other vacancies were not shown to the petitioner is unsustainable. It is also submitted that the classification of a post as critical or non-critical is an administrative exercise undertaken in public interest, and no illegality can be found in such classification.

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We have considered the submissions made by learned

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counsel for the parties and perused the writ papers.

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NC: 2026:KHC:20510-DB WP No. 8512 of 2026

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HC-KAR

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The present writ petition is filed challenging the impugned

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order passed by the Tribunal. The larger consideration of the contentions urged by the parties is pending before the Tribunal. The present petition is filed primarily on the ground that all available critical vacancies of Assistant Drug Controller were not notified to the petitioner.

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6.1 The documents produced by the learned Additional Advocate General along with the memo dated 17.03.2026 answer the said contention. Three available vacancies at Madikeri, Kalburgi and Mangaluru were notified. In addition, one more vacancy was notified in Kalburgi Circle. In view of the counselling conducted on earlier dates, the vacancies at Mangaluru and Madikeri were opted for by other candidates. By the time the petitioner was called upon to exercise his option, only one vacancy, namely in Kalburgi Circle, remained available. Merely because the petitioner was left with only one available vacancy in Kalburgi Circle, it cannot be contended that other vacancies were not notified.

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6.2 It is also contended that the classification of the post of Assistant Drug Controller, Kalburgi Circle, as a ‘critical’ post is

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HC-KAR

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erroneous and contrary to the Rules. We are not inclined to examine the said issue. If the said contention is considered by this Court at this stage, it may prejudice the contentions urged in the pending application before the Tribunal.

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6.3 As we are prima facie of the view that the transfer order dated 20.12.2025 posting the petitioner as Assistant Drug Controller to Kalburgi Circle, Kalburgi, does not suffer from any ex facie error warranting interference at this stage, we are not inclined to entertain the writ petition.

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Accordingly, the following

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ORDER

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(i) Writ petition is dismissed .

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(ii) All contentions are kept open to be adjudicated in the pending application.

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(iii) The observations made in the present order are only for the purpose of disposal of the present petition and shall not have any bearing on the pending application before the Tribunal.

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