- 1 - NC: 2025:KHC:8792 WP No. 23754 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 23754 OF 2024 (S-RES) BETWEEN: SMT. B VINUTHA PRESIDENT AGED ABOUT 31 YEARS SCHOOL DEVELOPMENT AND MANAGEMENT COMMITTEE (SDMC) G H P S, IGGALURU VILLAGE, CHANDAPURA POST, ANEKAL TALUK BENGALURU URBAN DISTRICT BENGALURU-560081. …PETITIONER (BY SRI. SRIKANTH M. P., ADV.) AND: 1. STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY PRIMARY AND SECONDARY EDUCATION, SCHOOL EDUCATION AND LITERACY DEPARTMENT, M S BUILDING DR. AMBEDKAR VEEDHI BANGALORE – 560001. 2. THE COMMISSIONER OF PUBLIC INSTRUCTIONS SCHOOL EDUCATION AND LITERACY DEPARTMENT, NRUPATHUNGA ROAD, BENGALURU - 560001. 3. THE DIRECTOR (PRIMARY EDUCATION) SCHOOL EDUCATION AND LITERACY DEPARTMENT, OFFICE OF THE COMMISSIONER OF PUBLIC INSTRUCTIONS Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8792 WP No. 23754 of 2024 NRUPATHUNGA ROAD, BENGALURU - 560001. 4. THE DEPUTY DIRECTOR BANGALORE SOUTH, KALASIPALAY BENGALURU - 560002. 5. THE BLOCK EDUCATION OFFICER ANEKAL TALUK BENGALURU URBAN DISTRICT BENGALURU - 560081. …RESPONDENTS (BY SRI. SHIVAPRABHU HIREMATH, AGA) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 TO 5 TO ISSUE ORDERS OF TRANSFER/POSTING ON THE DEPUTATION OF THE CANDIDATES WHO WERE WORKING IN OTHER EDUCATIONAL INSTITUTIONS TO GOVT. HIGHER PRIMARY SCHOOL, IGGALUR ANEKAL TALUK AS PER THE REQUIRED STAFFING PATTERN OF THE INSTITUTION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER Petitioner, claiming to the President of School Development and Management Committee of Government Higher Primary School, Iggaluru Village, Anekal Taluk, Bengaluru is before this Court under Article 226 of the Constitution of India praying for the following reliefs: “a) Direct the respondents 1 to 5 to issue orders of transfer/posting on deputation of - 3 - NC: 2025:KHC:8792 WP No. 23754 of 2024 the candidates who were working in other educational institutions to Government Higher Primary School, Iggalur, Anekal Taluk, as per the required staffing pattern of the institution. b) Direct the respondents 1 to 5 to ensure smooth running of the institution run by the petitioner SCMS management. c) Consequential relief or any other appropriate order or direction as this Hon’ble Court deems fit in the facts and circumstances of the case in the ends of justice and equity.” 2. Heard learned counsel Sri.M.P.Srikanth for petitioner and learned Additional Government Advocate Sri.Shivaprabhu Hiremath for respondent Nos.1 to 5. Perused the writ petition papers. 3. The petitioner is before this Court with a limited prayer to post Teachers to the petitioner-High School. Learned counsel would submit that out of the sanctioned posts, only five Teachers are working which is affecting the - 4 - NC: 2025:KHC:8792 WP No. 23754 of 2024 interest of the children studying in the school. Further, he submits that out of five Teachers, two Teachers were transferred. As the petitioner’s school was running with only three Teachers, the present writ petition came to be filed. 4. Per contra, learned Additional Government Advocate Sri.Shivaprabhu Hiremath inviting attention of this Court to statement of objections and Annexure-R7, report of the Inspection Committee, which conducted inspection on 04.11.2024 subsequent to filing of writ petition, submits that out of ten sanctioned posts, nine Teachers are working. Therefore, he submits that writ petition would no more survive for consideration. 5. Learned counsel Sri.M.P.Srikanth submits that out of nine Teachers, three Teachers are guest Teachers and three Teachers are from NGO. It is his apprehension that for the next academic year also, there may be dearth of Teachers. - 5 - NC: 2025:KHC:8792 WP No. 23754 of 2024 6. The prayer of the petitioner is only to see that the Teachers are posted to the petitioner-Educational Institution and to protect the interest of the children. As on this date, in terms of Annexure-R7-inspection report dated 04.11.2024, nine Teachers are working in the petitioner-Institution as against ten sanctioned posts. Therefore, as on this date, the prayer of the petitioner would no more survive for consideration. 7. Accordingly, writ petition stands disposed of. SD/- (S.G.PANDIT) JUDGE NC CT:bms List No.: 1 Sl No.: 50