RUBEENA ABDULSATTAR MUJAWAR v. THE STATE OF KARNATAKA
WP/200818/2025 · 2025-03-20
K Natarajan, Vijaykumar A Patil
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10168 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10168 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-K:1750-DB WP No. 200818 of 2025
IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 20TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE K NATARAJAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO.200818 OF 2025 (S-KSAT) BETWEEN:
SMT. RUBEENA ABDULSATTAR MUJAWAR W/O LATE MAHEBOOB SAWADAGI, AGE: 40 YEARS, OCC: ASSISTANT MISTRESS, GOVT. URDU HIGHER PRIMARY SCHOOL, ARJUNAGI K.D.
RESIDING AT MADEENA NAGAR, ATHANI ROAD, TQ. DIST. VIJAYAPURA-586108.
…PETITIONER (BY SRI. HULEPPA HEROOR, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SCHOOL EDUCATION AND LITERACY M.S. BUILDING, K.R. CIRCLE, BENGALURU-560008.
2.
THE COMMISSIONER DEPARTMENT OF SCHOOL EDUCATION, K.R. CIRCLE, NRUPATUNGA ROAD, BANGALURU-560001.
3.
THE DIRECTOR AND INTERNAL DIVISIONAL
Digitally signed by NIJAMUDDIN JAMKHANDI Location: High Court Of Karnataka
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NC: 2025:KHC-K:1750-DB WP No. 200818 of 2025
TEACHER TRANSFER AUTHORITY, O/O COMMISSIONER, DEPARTMENT OF SCHOOL EDUCATION, K.R. CIRCLE, NRUPATUNGA ROAD, BANGALURU-560001.
4.
THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION DEPARTMENT OF SCHOOL EDUCATION VIJAYAPURA DIST. VIJAYAPURA-586101. …RESPONDENTS (BY SRI. MALLIKARJUN BASAREDDY, GA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE IMPUGNED
ORDER DATED 27.01.2025 IN APPLICATION N. 21626/2024 PASSED BY KAT KALABURAGI AS PER ANNEXURE-B AND ALLOW THE APPLICATION AS PRAYED FOR.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K NATARAJAN AND HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL ORDER (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)
This writ petition is filed challenging the order dated 27.01.2025 passed by the Karnataka State Administrative Tribunal, wherein the Tribunal has issued the following directions:
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NC: 2025:KHC-K:1750-DB WP No. 200818 of 2025
“The respondents are directed to consider the representation of the applicant dated 29.11.2024 vide Annexure-A4 in accordance with law, within a period of one month from the date of receipt of copy of this order.”
2.
Learned counsel for the petitioner submits that the petitioner has been appointed as a primary school Assistant Teacher in Urdu Science and she has chosen the place as per the counseling held between 19.08.2024 and
21.08.2024. However, when she joined the said school, she found that she has been requested to teach Mathematics subject. Hence, she prayed the Tribunal to issue mandamus to change her posting. However, the Tribunal without considering the same, directed the respondents to consider the representation of the petitioner. But, the same has not yet considered by the authorities. Hence, he seeks to allow this writ petition by directing the respondents to post the petitioner at a place, where post of teacher of Urdu Science subject is available.
3. Per contra, learned Additional Government Advocate has supported the order passed by the Tribunal
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NC: 2025:KHC-K:1750-DB WP No. 200818 of 2025
and submitted that the Tribunal has passed the impugned
order in favour of the petitioner and insofar as the
consideration of the representation of the petitioner is concerned, the authorities would consider the same, if not already considered and pass appropriate orders within a period of three months from the date of receipt of certified copy of this order. The said submission is placed on record.
4. We have heard the arguments of both the counsel and perused the materials available on record.
5. The Tribunal considering the rival submission has directed the respondents-authorities to address the grievance of the petitioner as aired in representation dated
29.11.2024. However, it appears that the authorities have not considered the representation as directed and not taken any decision on the said representation, despite the Tribunal granting time of one month from the date of receipt of the copy of the order. Hence, were are of the opinion that the interest of justice would be met, if
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NC: 2025:KHC-K:1750-DB WP No. 200818 of 2025
respondents-authorities are directed to consider the petitioner’s representation dated 29.11.2024, as directed by the Tribunal, within a period of 2 weeks from the date of receipt of a certified copy of this order. The decision taken by the authorities shall be communicated to the petitioner.
6. With the above directions, the writ petition is
disposed off.
Sd/- (K NATARAJAN) JUDGE
Sd/- (VIJAYKUMAR A. PATIL) JUDGE
NJ List No.: 1 Sl No.: 26 CT:SI