- 1 - NC: 2025:KHC-D:6428-DB WP No. 102428 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO.102428 OF 2025 (S-KAT) BETWEEN: SMT. SUSHMA M.P. AGE. MAJOR, OCC. PRINCIPAL, MINORITY MURARJI DESAI PRE-UNIVERSITY, GIRLS COLLEGE NEAR DIET, KARJAGI, DIST. HAVERI 581110. …PETITIONER (BY SRI. SAURABH A. SONDUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY ITS ADDL. CHIEF SECRETARY MINORITY WELFARE, HAJ AND WAKF DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR NAGAR, BENGALURU 560001. 2. THE DIRECTOR, DIRECTORATE OF MINORITIES, VASANT NAGAR, BENGALURU 560052. 3. THE DISTRICT OFFICER MINORITY WELFARE DEPARTMENT, MOULANA AZAD MINORITY BHAVAN, 3RD CROSS, SHIVAJI NAGAR, DIST. HAVERI 581110. 4. SRI. SOMNATH S/O DARAGAPPA AGE 39 YEARS, OCC. PRINCIPAL, MURARJI DESAI RESIDENTIAL MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:6428-DB WP No. 102428 of 2025 PRE-UNIVERSITY COLLEGE, HAVERI 581110, R/O C/O RACHAPPA UPPIN, VIDYANAGAR, ‘C’ BLOCK, NEAR ANE PARK, DIST. HAVERI 581110. …RESPONDENTS (BY SRI. ARAVIND D. UPADHYE, ADVOCATE FOR CAVEATOR R4, GOVERNMENT SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 21/03/2025 PASSED BY KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI, IN APPLICATION NO.13363/2024 VIDE ANNEXURE-E AND DISMISS THE APPLICATION FILED BY THE RESPONDENT NO.4, IN THE INTEREST OF JUSTICE AND EQUITY & ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Petitioner, who was respondent No.4 before the Karnataka State Administrative Tribunal at Belagavi (for short, ‘Tribunal’) is before this Court under Article 226 of the Constitution of India, questioning the correctness and legality of order dated 21.03.2025 in Application No.13363/2024 passed by the Tribunal allowing - 3 - NC: 2025:KHC-D:6428-DB WP No. 102428 of 2025 respondent No.4/applicant’s application questioning the transfer and posting of petitioner under impugned order of transfer dated 10.10.2024 (Annexure-A) and Notification dated 03.12.2024 (Annexure-A6) respectively. 2. Heard learned counsel Sri.Sourabh A Sondur for petitioner/respondent No.4 before the Tribunal, learned Additional Government Advocate for respondent Nos.1 to 3 as well as learned counsel Sri.Aravind D. Upadhye for respondent No.4. Perused the entire writ petition papers. 3. The parties would be referred to as per their ranking before the Tribunal. Petitioner was respondent No.4 and respondent No.4 was applicant before the Tribunal. 4. The applicant who is the Principal of Murarji Desai Residential Pre-University College was posted to work at Murarji Desai Residential Pre-University College, Karjagi, Haveri by notification dated 03.07.2023 and the petitioner was posted in place of applicant under - 4 - NC: 2025:KHC-D:6428-DB WP No. 102428 of 2025 impugned order dated 03.12.2024 (Annexure-A6) on applicant’s transfer under Notification dated 10.10.2024 (Annexure-A4). The Tribunal allowed the application of the applicant on the ground that the transfer is premature as the applicant who is working in Group-A cadre had minimum tenure of two years which is not yet completed by the applicant. The respondent No.4 before the Tribunal who is a Group-B officer has not filed her objections. The Tribunal under impugned order allowed the application with a direction to the petitioner/fourth respondent to handover the charge to the applicant forthwith and report before the first respondent for further posting. 5. During the course of hearing, it is submitted that in pursuance to the directions issued by the Tribunal, the applicant took charge of the post of Principal, Murarji Desai Residential Pre-University College, Haveri. 6. Learned counsel Sri.Sourabh A Sondur for petitioner i.e., respondent No.4 before the Tribunal mainly contends that the application of the petitioner was not - 5 - NC: 2025:KHC-D:6428-DB WP No. 102428 of 2025 maintainable before the Tribunal since he is not a civil servant and he is an employee of Murarji Desai Pre- University College run by the Karnataka Residential Education Societies. 7. Admittedly, the applicant was posted to work as Principal, Murarji Desai Residential Pre-University College, Haveri on 03.07.2023 and applicant being Group-B officer has minimum tenure of two years and the applicant had not completed two years of her tenure as on the date of impugned order of transfer dated 10.10.2024. Therefore, the transfer of the applicant is admittedly premature. 8. The contention of the petitioner i.e., respondent No.4 that the application of the applicant before the Tribunal was not maintainable is raised for the first time during the course of hearing this writ petition. The respondent No.4 has not raised the said contention before the Tribunal and also while filing the present writ petition. The Tribunal has already taken a decision and since the subject matter of the writ petition is transfer, we decline to - 6 - NC: 2025:KHC-D:6428-DB WP No. 102428 of 2025 go into the said question of maintainability of application before the Tribunal. Moreover, no substantial right of the petitioner or respondent No.4 is involved in the writ petition. Transfer is an incidence of service and it is not a condition of service. 9. In view of the above, we do not find any merit in the writ petition and accordingly writ petition stands rejected. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE NC LIST NO.: 1 SL NO.: 10