SRI VINAY M S & Ors. v. NONE

S/O SRI SRIPATHY AGED ABOUT 45 YEARS JUNIOR TRAINING OFFICER FITTER TRADE THE TECHNICAL TRAINING CENTER FOR DEAF NO 283, HAINES ROAD NEW BAMBOO BAZAR ROAD BANGALORE- 560051 R/AT NO 2/2, 2ND MAIN 4TH BLOCK TYAGARAJA NAGAR NEAR K.EB QUARTERS BANGALORE – 560028. - 2 - NC: 2026:KHC:746 WP No. 27413 of 2023 C/W WP No. 28826 of 2023 HC-KAR

3. RAMESH B S/O SRI BASAVARAJAPPA AGED ABOUT 44 YEARS JUNIOR TRAINING OFFICER WORKSHOP CALCULATION AND SCIENCE AND ENGINEERING DRAWING TECHNICAL TRAINING CENTER FOR DEAF NO 28/2 HAINES ROAD NEW BAMBOO BAZAR ROAD BANGALORE - 560051 R/AT NO 45(103) 3RD FLOOR 5TH MAIN 3RD CROSS MATHIKERE EXTENSION BANGALORE – 560054.

4. SMT SAVITHA K W/O S VENKATARAGHAVAN AGED ABOUT 43 YEARS JUNIOR TRAINING OFFICER ELECTRONICS MECHANICS TECHNICAL TRAINING CENTER FOR DEAF NO 28/2 HAINES ROAD NEW BAMBOO BAZAR ROAD BANGALORE - 560051 RESIDING AT NO 306 LAKSHMI NILAYA FLAT NO 101 60 FEET ROAD TALAKAVERI LAYOUT SAHAKARANAGAR BANGALORE – 93.

5. SANTHAKUMAR M S S/O SRI AKULAPPA AGED ABOUT 45 YEARS JUNIOR TRAINING OFFICER TURNER TRADE TECHNICAL TRAINING CENTER FOR DEAF NO 28/2 HAINES ROAD NEW BAMBOO BAZAR ROAD BANGALORE - 560051 AND R/AT MUTHUR VILLAGE - 3 - NC: 2026:KHC:746 WP No. 27413 of 2023 C/W WP No. 28826 of 2023 HC-KAR MALLUR POST SHIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT - 562 102.

6. ANAJANAPPA C M S/O SRI MUNIYAPPA AGED ABOUT 45 YEARS JUNIOR TRAINING OFFICER FITTER TRADE TECHNICAL TRAINING CENTER FOR DEAF NO 28/2 HAINES ROAD NEW BAMBOO BAZAR ROAD BANGALORE - 560051 R/AT E-361, NORTH FIFTH LINE ITO TOWNSHIP BANGALORE NORTH BANGALORE – 560016.

7. RAGHAVENDRA M S/O SRI KRISHNAMURTHY AGED ABOUT 38 YEARS OFFICE SUPERINTENDANT TECHNICAL TRAINING CENTER FOR DEAF NO 28/2 HAINES ROAD NEW BAMBOO BAZAR ROAD BANGALORE - 560051 R/AT NO 157, 7TH MAIN 3RD CROSS BSK II STAGE KAVERI NAGAR BANGALORE – 70.

8. AMARANATH R S/O SRI RAMEGOWDA AGED ABOUT 39 YEARS WORKSHOP ATTENDER TECHNICAL TRAINING CENTER FOR DEAF NO 28/2 HAINES ROAD NEW BAMBOO BAZAR ROAD BANGALORE - 560051 R/AT NO 16, 8TH CROSS 6TH MAIN GANGA NAGAR BANGALORE – 32.

9. ANTHONIYAMMA W/O SRI KRISHNAMURTHY - 4 - NC: 2026:KHC:746 WP No. 27413 of 2023 C/W WP No. 28826 of 2023 HC-KAR AGED ABOUT 49 YEARS GROUP-D EMPLOYEE TECHNICAL TRAINING CENTER FOR DEAF NO 28/2 HAINES ROAD NEW BAMBOO BAZAR ROAD BANGALORE - 560051 R/AT NO. 136, MUNISHAMAPPA STREET MUNIREDDY PALYA J C NAGAR BANGALORE – 61. (BY SRI. SUBRAMANYA BHAT M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA SKILL DEVELOPMENT ENTREPRENEURS AND LIVELIHOOD DEPARTMENT REP. BY THE SECRETARY ROOM NO 347, 3RD FLOOR, 2ND GATE M S BUILDING BANGALORE – 01.

2. THE COMMISSIONER DEPARTMENT OF INDUSTRIAL TRAINING AND EMPLOYMENT, KAUSHALYA BHAVAN BANNERGHATTA ROAD BANGALORE – 560029. …PETITIONERS

3. THE JOINT DIRECTOR (TRAINING) DIVISIONAL OFFICE DEPARTMENT OF INDUSTRIAL TRAINING AND EMPLOYMENT, KAUSHALYA BHAVAN BANNERGHATTA ROAD BANGALORE – 560029.

4. THE JOINT DIRECTOR (ADMINISTRATION) HEAD OFFICE, DEPARTMENT OF INDUSTRIAL TRAINING AND EMPLOYMENT KAUSHALYA BHAVAN, BANNERGHATTA ROAD BANGALORE – 560029.

5. THE MANAGING TRUSTEE REACH OUT EDUCATIONAL EMPLOYMENT TRUST FOR DISABLED UNDER PRIVILEGED WOMEN - 5 - NC: 2026:KHC:746 WP No. 27413 of 2023 C/W WP No. 28826 of 2023 HC-KAR AND CHILDREN NO 282, HAINES ROAD NEW BAMBOO BAZAR ROAD BANGALORE – 560051.

6. SRI PETER MACHADO ARCH BISHOP HOUSE PB-2 75 MILLERS ROAD, BENGALURU - 46 …RESPONDENTS (BY SRI. N DEVDAS, AAG, ALONG WITH SRI. RAMESH NAIK G, AGA FOR R1 TO R4: SRI. SUMAN B, ADVOCATE FOR SRI.S K RAVI, ADVOCATE FOR R5 SRI JOSEPH ANIL KUMAR A, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT BEARING NO. U THA E/THA/SUM- 1/VIVA-215/2001-2002 26.10.2023 ISSUED BY THE 2ND RESPONDENT, A COPY OF THE SAME IS PRODUCED AS ANNEXURE-J, AS THE SAME IS ARBITRARY, UNREASONABLE, IRRATIONAL AND DISCRIMINATORY, BESIDES BEING OPPOSED TO SECTION 98 OF THE KARNATAKA EDUCATION ACT AND ETC. IN WP NO. 28826/2023 BETWEEN: SRI PRASANNA R S/O SRI KAMATAR R H AGED ABOUT 51 YEARS PRINCIPAL TECHNICAL TRAINING CENTRE FOR DEAF NO.28/2, HAINES ROAD NEW BAMBOO BAZAR ROAD BANGALORE-560051 AND R/O NO.77E 17TH CROSS 4TH STAGE, 4TH BLOCK BASAVESHWARANAGARA BANGLAORE-560079 (BY SRI. HARISCHANDRA M.,ADVOCATE) ...PETITIONER - 6 - NC: 2026:KHC:746 WP No. 27413 of 2023 C/W WP No. 28826 of 2023 HC-KAR AND:

1. THE STATE OF KARNATAKA SKILL DEVELOPMENT ENTREPRENEURS AND LIVELIHOOD DEPARTMENT REPRESENTED BY THE SECRETARY ROOM NO.347,3RD FLOOR 2ND GATE M S BUILDING BENGALURU-560001.

2. THE COMMISSIONER DEPARTMENT OF INDUSTRIAL TRAINING AND EMPLOYMENT, KAUSHALYA BHAVAN BANNERGHATTA ROAD BENGALURU-560029.

3. THE JOINT DIRECTOR (TRAINING) DIVISIONAL OFFICE DEPARTMENT OF INDUSTRIAL TRAINING AND EMPLOYMENT, KAUSHALYA BHAVAN BANNERGHATTA ROAD BENGALURU-560029.

4. THE JOINT DIRECTOR (ADMINISTRATION) HEAD OFFICE DEPARTMENT OF INDUSTRIAL TRAINING AND EMPLOYMENT, KAUSHALYA BHAVAN BANNERGHATTA ROAD BENGALURU-560029.

5. THE MANAGING TRUSTEE REACH OUT EDUCATIONAL EMPLOYMENT TRUST FOR DISABLED UNDER PRIVILEGED WOMEN AND CHILDREN, NO.28/2, HAINES ROAD NEW BAMBOO BAZAR BENGALURU-560051. (BY SRI. N DEVDAS, AAG, ALONG WITH SRI. RAMESH NAIK G., AGA FOR R1 TO R4: ...RESPONDENTS - 7 - NC: 2026:KHC:746 WP No. 27413 of 2023 C/W WP No. 28826 of 2023 HC-KAR SRI. SUMAN B., ADVOCATE FOR SRI. S K RAVI, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT BEARING NO. UTHAE/THA/SUM- 1/VIVA-215/2001-02 DATED (GVÉ/VÀ/¸ÀA-1/«ªÀ-215/2001-02) 26/10/2023 ISSUED BY THE R2 VIDE ANNEXURE-A AS THE SAME IS ARBITRARY, UNREASONABLE, IRRATIONAL AND DISCRIMINATORY, BESIDES BEING OPPOSED TO SECTION 98 OF THE KARNATAKA EDUCATION ACT, 1983 AND ETC. THESE PETITIONS, 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 these two writ petitions, the petitioners have called in question the endorsement dated 26.10.2023 issued by respondent No.2, whereby the request of the petitioners for transfer to some other aided education institution has been rejected.

2. The petitioners are employees of the Technical Training Center for Deaf Institution run by respondent No.5. The institution run by respondent No.5 was not functioning due to the acquisition of the land on which it was situated by the Bangalore Metro Rail Corporation Limited. The - 8 - NC: 2026:KHC:746 WP No. 27413 of 2023 C/W WP No. 28826 of 2023 HC-KAR petitioners, being employees, submitted representations Annexure-F1

17.08.2019 W.P.No.27413/2023 and Annexure-H dated 10.08.2018 in W.P.No.28826/2023, requesting the authorities to either relocate them or transfer them against suitable vacant posts in any other aided institution. Since their requests were not considered, they approached this Court by filing W.P. No.4552/2022 and connected matters. This Court, by order dated 01.09.2023, disposed of the matter directing respondents authorities consider representations of the petitioners in accordance with law. Thereafter, by the impugned order, their request has been rejected on the ground that there is no provision under the 1997 Grant-in-Aid Code. Being aggrieved by the same, the petitioners are before this Court in these writ petitions.

3. Learned counsel appearing for the petitioners has submitted that in the Karnataka Education Act, 1983 (hereinafter referred to as ‘Act’ for short), if the aided institution is closed or defunct, the employees of that - 9 - NC: 2026:KHC:746 WP No. 27413 of 2023 C/W WP No. 28826 of 2023 HC-KAR aided institution has to be relocated and transferred against that suitable vacant posts in other aided institution by the management. The State Government also framed the rules to that effect by exercising the power under Section 145 of Karnataka Education Act, 1983. The rules are called Karnataka Technical Educational Institutions (Grant-in-Aid Code for Private Aided Industrial Training Institutes) Rules, 2025, which notified on 01.12.2025 (hereinafter referred to as ‘Rules’ for short). As per Rule 8 (23)(d), if the Grant-in-Aid institution is closed / defunct / de-affiliated, the aided staff shall be relocated / transferred against the suitable vacant post in any other Aided Institutions.

4. Learned Additional Advocate General appearing for the State has submitted that the petitioners’ request for transfer to any other Aided Institution will be considered in terms of the new Rules, which were notified on

01.12.2025. - 10 - NC: 2026:KHC:746 WP No. 27413 of 2023 C/W WP No. 28826 of 2023 HC-KAR

5. In view of the above, following order is passed: ORDER a) The writ petitions are allowed. b) Impugned order dated 26.10.2023 issued by respondent No.2 is set aside. c) The respondents authority is directed to reconsider the representations of the petitioners vide Annexure- F1 dated 17.08.2019 in W.P.No.27413/2023 and Annexure-H

10.08.2018 W.P.No.28826/2023, in accordance with law, within a period of three months from the date of receipt of copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 36