- 1 - NC: 2025:KHC:3570 WP No. 1993 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO.1993 OF 2025 (S-RES) BETWEEN: SRI. VENKATARAMANAPPA E., S/O SRI. ERRANNA, AGED ABOUT 46 YEARS, WORKING AS LECTURER, DEPARTMENT OF ECONOMICS SRI. SIDDALINGESHWARA GOVT. PRE-UNIVERSITY COLLEGE, YADGUR, KUNIGAL TALUK, TUMKUR DISTRICT, R/AT MARAMMAHALLI-572 129 PAVGADA TALUK, TUMKUR DISTRICT. …PETITIONER (BY SRI. RANGANATHA S. JOIS, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF EDUCATION (PRE-UNIVERSITY), M.S. BUILDINGS, BENGALURU-560 001. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3570 WP No. 1993 of 2025 2. THE DIRECTOR, DEPARTMENT OF PRE-UNIVERSITY EDUCATION, SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM, BENGALURU-560 003. 3. THE DEPUTY DIRECTOR, DEPARTMENT OF PRE-UNIVERSITY EDUCATION, GOVT. PU COLLEGE COMPOUND, TUMKUR DISTRICT, TUMKUR-587101. 4. SHREE SIDDALINGESHWARA PU COLLEGE YADGUR, KUNIGAL TALUK, TUMKUR DISTRICT - 572 101, REP. BY ITS MANAGEMENT 5. SRI. SRINIVASA EDUCATION SOCIETY (R) SRINIVASA NILAYA, 7TH CROSS, NEAR DR. RAJKUMAR PARK, SARASWATHINAGARA - 572 101, TUMKUR, TUMKUR DISTRICT, REP. BY ITS SECRETARY. REGISTERED UNDER THE PRIVATE EDUCATION INSTITUTION CONTAINED SECTION 107 OF KARNATAKA - 3 - NC: 2025:KHC:3570 WP No. 1993 of 2025 EDUCATION ACT 1983. …RESPONDENTS (BY SRI. V. SHIVAREDDY, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORD RELATING TO THE IMPUGNED ENDORSEMENT DATED 17.09.2024 BEARING NO. 150 1403/DPUE-EST 30 UU(OTH)/18/2024-R AND G ISSUED BY R-2 VIDE ANNEXURE-R PERUSE AND QUASH THE SAID ENDORSEMENT TO THE EXTENT OF REJECTION OF THE REQUEST OF THE PETITIONER FOR TRANSFER FROM EARLIER INSTITUTION TO R-4 SIR SIDDALINGESHWARA PU COLLEGE AS BEING ARBITRARY, ILLEGAL AND VIOLATIVE OF ARTICLE 14 AND 16(1) OF THE CONSTITUTION OF INDIA AND THE PROVISIONS OF KARNATAKA EDUCATION ACT 1983 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT - 4 - NC: 2025:KHC:3570 WP No. 1993 of 2025 ORAL ORDER The petitioner, a Lecturer of 5th respondent-Institution is before this Court under Article 226 of the Constitution of India, questioning Annexure-R, Endorsement Bearing No.1501403:DPUE-EST30UU(OTH)/18/2024-R AND G dated 17.09.2024, rejecting petitioner’s request to transfer him to respondent No.4-College. 2. Heard Sri. Ranganatha.S.Jois, learned counsel for the petitioner through video conference and Sri. V.Shivareddy, learned Additional Government Advocate, who has taken notice on behalf of respondent Nos.1 to 3. No notice is ordered to respondent Nos.4 and 5 as the writ petition is being disposed of on preliminary issue. 3. The petitioner is before this Court challenging Endorsement dated 17.09.2024 issued by respondent No.2, rejecting his transfer from 5th respondent to 4th respondent-Institution. The impugned endorsement is appealable under Section 130 of the Karnataka Education Act, 1983 as provided under the Karnataka Educational Institutions (Appeal, Revision and Review) Rules, 1998. - 5 - NC: 2025:KHC:3570 WP No. 1993 of 2025 4. Learned counsel for the petitioner would submit that earlier the petitioner was before this Court and this Court directed the Authorities to consider the request of the petitioner and as such, the writ petition would be maintainable. A perusal of the order dated 24.06.2024 in W.P.No.12794/2020 (Annexure-K) it is seen that this Court directed only to examine the claim of the petitioner and pass appropriate order. 5. When alternate remedy is provided under a Statute, normally this Court would not exercise its jurisdiction under Article 226 of the Constitution of India. Thus, writ petition stands disposed of with liberty to the petitioner to avail remedy of appeal under the provisions of Karnataka Education Act, 1983. I am sure that if the petitioner files an appeal within one month from today, the Appellate Authority would consider the same and pass an appropriate order within a reasonable time. Sd/- (S.G.PANDIT) JUDGE SMJ List No.: 1 Sl No.: 34