- 1 - HC-KAR NC: 2025:KHC:22380 WP No. 16723 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO.16723 OF 2025 (S-RES) BETWEEN: DR. MEERA DEVI .B W/O. RAMESH AGED ABOUT 54 YEARS, R/AT SATHYASHREE RESIDENCY, PANDESHWAR MAIN ROAD, MANGALURU-575001 (DK). …PETITIONER (BY SRI M. SUDHAKAR PAI, ADVOCATE) AND: 1. THE COMMISSIONER OF COLLEGIATE EDUCATION, PALACE ROAD, BENGALURU-560 001. 2. THE JOINT DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE REGIONAL JOINT DIRECTOR OF COLLEGIATE EDUCATION, MANGALURU-575001 (DK). 3. ST. AGNES COLLEGE (AUTONOMOUS), POST BOX NO.513, BENDORE, MANGALURU-575002(DK) REP. BY ITS PRINCIPAL. …RESPONDENTS (BY SRI BHOJEGOUDA T. KOLLER, AGA FOR R-1 & R-2; R-3 – SERVICE OF NOTICE DISPENSED WITH V/O. DATED 16/06/2025) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH CONDITION NO.12 IN THE ORDER DATED 19.02.2025 IN NO.JDM-AID0GIA/20/2025-GCSE-1665439, PASSED Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22380 WP No. 16723 of 2025 BY THE II RESPONDENT – JOINT DIRECTOR OF COLLEGIATE EDUCATION, MANGALURU, DK, (VIDE ANNEXURE-D) AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER In this writ petition, the petitioner has challenged condition No.12 in Annexure-D dated 19.02.2025, wherein the payment of salary in respect of the petitioner has been withheld. 2. Brief facts of the case are that the petitioner is working as an Associate Professor in History in respondent No.3-college. By order dated 27.02.2024, petitioner was deputed to Government First Grade College, Tenkanidiyoor, Udupi. The said order has been called in question before this Court in WP No.7561/2024 and this Court, by order dated 06.12.2024 has quashed the order. Thereafter, once again, respondent No.2 has passed similar deputation order dated 24.01.2025 at Annexure-B. Again, the petitioner has been deputed to Government - 3 - HC-KAR NC: 2025:KHC:22380 WP No. 16723 of 2025 First Grade College, Tenkanidiyoor, Udupi. The said order has been called in question by the petitioner in WP No.2883/2025. This Court by order dated 01.02.2025 has passed the following order: “Learned Additional Government Advocate accepts notice for respondent Nos.1 and 2. Issue emergent notice to respondent No.3. Learned counsel for the petitioner Sri.M.Sudhakar Pai would submit that, earlier under office order dated 27.02.2024 of the second respondent, the petitioner was deputed to the Government First Grade College, Thenkanidiyuru, Udupi, and the said order was the subject matter of writ petition before this Court in W.P.No.7561/2024. This Court by order dated 06.12.2024 quashed the said order of deputation. It is his submission that again within a month, the second respondent has passed similar or same order under Annexure-L dated 24.01.2025 (25.01.2025). The second respondent shall explain by way of affidavit as to under what circumstances the impugned order at Annexure-L is passed within one month from the order passed by this Court setting - 4 - HC-KAR NC: 2025:KHC:22380 WP No. 16723 of 2025 aside the earlier order of deputation and affidavit to be filed within fifteen days. In the meanwhile, there shall be stay of Annexure-L bearing No.JDM-AID0GEN/80/2024, E 1632294, order dated 24.01.2025 (25.01.2025). List on 18.02.2025.” 3. Thereafter, the impugned order dated 19.02.2025 at Annexure-D has been passed, withholding the salary of the petitioner as per condition No.12 in the said order. Condition No.12 in the said order is contrary to the order passed by this Court in WP No.7561/2024 and also the subsequent order dated 01.02.2025 passed by this Court staying the order passed by respondent No.2 vide Annexure-B dated 24.01.2025. Pursuant to the same, the petitioner is working in respondent No.3- college. Under these circumstances, the petitioner is entitled to salary. The condition No.12 imposed by respondent No.2 vide Annexure-D is illegal and the same requires to be set aside. - 5 - HC-KAR NC: 2025:KHC:22380 WP No. 16723 of 2025 4. Accordingly, the writ petition is allowed. The impugned order dated 19.02.2025 at Annexure-D is quashed insofar as condition No.12 is concerned. Respondent No.2 is directed to pay the salary to the petitioner with effect from January, 2025, which is subject to the result of WP No.2883/2025. Sd/- (H.T. NARENDRA PRASAD) JUDGE MBM List No.: 1 Sl No.: 4