SMT ASHA B M v. STATE OF KARNATAKA

(BY SRI. SUBRAMANYA BHAT M., ADVOCATE) …PETITIONER AND:

STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY PRIMARY & SECONDARY EDUCATION DEPARTMENT M S BUILDING, BANGALORE-560001.

THE COMMISSIONER FOR PUBLIC INSTRUCTIONS NRUPATHUNGA ROAD BANGALORE-560001.

THE DIRECTOR SECONDARY EDUCATION DEPARTMENT OF PUBLIC INSTRUCTIONS NRUPATHUNGA ROAD BANGALORE-560001 MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - NC: 2026:KHC:11726 WP No. 5654 of 2022 HC-KAR

DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS DAVANAGERE DISTRICT DAVANAGERE-577001.

THE BLOCK EDUCATION OFFICER HONNALI TALUK, HONNALI DAVANAGERE DISTRICT-577217.

THE NATIONAL EDUCATION SOCIETY (R) BALARAJ URS ROAD SHIVAMOGGA-577201 BY ITS SECRETARY.

THE HEAD MASTER SRI THIRTHALINGESHWARA NATIONAL HIGH SCHOOL BELAGUTTI, HONNALI TALUK DAVANAGERE DISTRICT-577201.

GOPAL M S/O SRI MASTEPPA AGED ABOUT 45 YEARS WORKING AS TEMPORARY TEACHER SRI THIRTHALINGESHWARA NATIONAL HIGH SCHOOL BELAGUTTI, HONNALI TALUK DAVANAGERE DISTRICT-577201. …RESPONDENTS (BY SRI. G RAMESH NAIK, AGA FOR R1 TO R5: SRI. M NARAYAN BHAT., ADVOCATE FOR R6 & R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICIAL MEMORANDUM BEARING NO.ANU 1:SHA PROU.SHA.VE.ANU150/2017-18, DATED: 19.04.2021 ISSUED BY THE R-4 UNDER ANNEXURE-V CONSEQUENTLY QUASH THE ORDER 07.02.2022 ISSUED BY THE R-2 IN APPEAL NO.01/2022 UNDER ANNEXURE-AF BY ISSUING THE WRIT IN THE NATURE OF CERTIORARI AND ETC. - 3 - NC: 2026:KHC:11726 WP No. 5654 of 2022 HC-KAR THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER

1. In this writ petition, the petitioner is challenging the Official Memorandum dated 19.04.2021 issued by respondent No.4 vide Annexure-V, whereby the petitioner has been treated as an excess teacher and transferred to Sri. Jadeya Shankara Swamy High School, Honnali Taluk, an Institution run by respondent No.6; and the order dated 07.02.2022 passed by the respondent No.2 vide Annexure-AF, whereby the appeal filed by the petitioner under Section 130 of the Karnataka Education Act, 1983, has been dismissed, confirming the order dated

19.04.2021.

2. The case of the petitioner is that she was appointed as Assistant Teacher, Grade-II (Kannada Language) on

15.07.2007 and was posted to National High School, Chiluru, Honnali Taluk, Davanagere District. Thereafter, - 4 - NC: 2026:KHC:11726 WP No. 5654 of 2022 HC-KAR petitioner was transferred to Sharadadevi Girls High School, Shivamogga in the year 2011, which is run by respondent No.6. Subsequently, petitioner has been transferred to Thirthalingeshwara National High School, Belaguthi Davanagere, also run by respondent No. 6, where she was treated as an excess teacher on account of reduction in student strength. Consequently, she has been called for counselling. By impugned Official Memorandum dated 19.04.2021, the petitioner has been transferred to Sri. Jadeya Shankara Swamy High School, Honnali Taluk, vide Annexure-V. Aggrieved by the same, she filed Appeal No.1/2022 before the Authority under Section 130 of Karnataka Education Act. The Appellate Authority, by order dated 07.02.2022, dismissed the appeal vide Annexure-AF. Hence, the petitioner is before this Court challenging the Official Memorandum dated 19.04.2021 at Annexure-V and order dated 07.02.2022 at Annexure-AF.

3. The only ground urged by the petitioner is that no notice was served on her prior to conducting the - 5 - NC: 2026:KHC:11726 WP No. 5654 of 2022 HC-KAR counselling for transfer of excess teachers. Consequently, she did not appear on the date of counselling.

4. The learned Additional Government Advocate submits that notice had been issued to the petitioner, but she failed to attend the counselling. It is further submitted that the post at Sri. Jadeya Shankara Swamy High School, Honnali Taluk, remains vacant even as on today.

5. In view of the above submission and in the interest of justice, the petitioner is directed to report for duty at Sri. Jadeya Shankara Swamy High School, Honnali Taluk, within one week from today.

6. It is made clear that the petitioner shall not be entitled to any monetary benefits for the period from

19.04.2021 till the date she reports for duty at Sri. Jadeya Shankara Swamy High School, Honnali Taluk.

7. Except for salary and seniority, the period from

19.04.2021 till the date she reports for duty shall be - 6 - NC: 2026:KHC:11726 WP No. 5654 of 2022 HC-KAR considered for all other service benefits. The same shall, however, be subject to any departmental enquiry, if initiated by the respondents.

8. With the above observations, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 31