- 1 - NC: 2025:KHC:13950 WP No. 30883 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.30883 OF 2024 (S-TR) BETWEEN: BHAGATH K., AGED ABOUT 40 YEARS, S/O K. LAKSHMINARAYANA RAO, PROFESSOR IN CHEMISTRY, NATIONAL PRE-UNIVERSITY COLLEGE, BARAKUR, UDUPI TALUK AND DISTRICT, R/O DOOR NO.90, SURABHI, POST OFFICE ROAD, FORT, SHIMOGA – 577 401. …PETITIONER (BY SRI. K. SREEDHAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION (PUC), M.S.BUILDING, BENGALURU – 560 001 2. THE COMMISSIONER PRE-UNIVERSITY BOARD, 18TH CROSS, MALLESHWARAM, BENGALURU – 560 012 3. THE DIRECTOR, DEPARTMENT OF PUBLIC INSTRUCTIONS, (PRE UNIVERSITY), 18TH CROSS, MALLESHWARAM, BENGALURU – 560 012 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:13950 WP No. 30883 of 2024 4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS (PRE-UNIVERSITY), RAHATADRU, MANIPAL, UDUPI DISTRICT, UDUPI – 576 101. 5. MGM PRE-UNIVERSITY COLLEGE, MANIPAL, UDUPI DISTRICT – 576 101. REPRESENTED BY ITS PRINCIPAL …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA FOR R1 TO R4; SRI. VINAY N., ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS 1 TO 4 TO ENFORCE THE ORDER BEARING NO.DPUEEST30SU(LPA)/1/2023 DATED 13.03.2024 VIDE ANNEXURE-A WITHOUT BROOKING ANY FURTHER DELAY IN THE MATTER AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “(i) Issue a writ of mandamus directing the respondents 1 to 4 to enforce the order bearing No.DPUEEST30SU (LPA)/1/ 2023 dated 13.03.2024 vide Annexure –A without brooking any further delay in the matter. (ii) Issue a consequential direction to the said respondents that the petitioner be paid his emoluments in the time-scale on which he has borne for the period posterior to 26.08.2024 till the date of his being taken on actual duty at the said college; And - 3 - NC: 2025:KHC:13950 WP No. 30883 of 2024 (iii) Pass such other orders as this Hon’ble Court may deem fit in the circumstances of the case including the award of the costs of this petition, in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned counsel for respondent No.5 and learned AGA for respondent Nos.1 to 4 and perused the material on record. 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner invited my attention to the material on record as well as the documents produced along with the memo of even dated in order to point out that as on today, there are two vacancies in relation to Chemistry in respondent No.5 – college and the petitioner is capable of being accommodated in the respondent No.5 – college by giving effect to the transfer order dated 13.03.2024 and the present petition may be disposed of issuing appropriate directions in this regard. 4. Per contra, learned counsel for respondent No.5 submits that there is no sanctioned post for the said Chemistry in respondent No.5 – college and would reiterate the contentions urged in the statement of objections and submits that there is no merit in the petition and that the same is liable to be dismissed. - 4 - NC: 2025:KHC:13950 WP No. 30883 of 2024 5. Learned AGA on instructions submits that if reasonable time is granted, respondent Nos.1 to 4 would give a posting / placement for the petitioner in any suitable college within the same district as against available vacancy to an aided post as expeditiously as possible. 6. The said submission is placed on record. 7. In view of the aforesaid facts and circumstances, though several contentions have been urged by both sides in support of their respective claims, in the light of the submissions made on behalf of learned AGA for respondent Nos.1 to 4 that they would grant / provide a placement / posting to the petitioner as against an aided vacant post as expeditiously as possible, without expressing any opinion on the merits / demerits of the interse rival contentions between the petitioner and respondent No.5, I deem it just and appropriate to dispose of this petition directing respondent Nos.1 to 4 to provide / grant a posting / placement in favour of the petitioner to any aided vacant post within the same District i.e., at Udupi District within a period of four weeks from today, bearing in mind Rule 29 of the Karnataka Department of School Education (Pre-University) (Academic, Registration, Administration and Grant- - 5 - NC: 2025:KHC:13950 WP No. 30883 of 2024 in-aid etc.,) Rules, 2024 regarding entitlement of the petitioner to the salary, in accordance with law. 8. Subject to the aforesaid directions and reserving liberty in favour of the petitioner to approach this Court once again, if so required, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 2 Sl No.: 2