ABDUL KAREEM AKBARALI MULLA v. THE STATE OF KARNATAKA
WP/102824/2021 · 2025-02-27
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45341 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45341 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:3945 WP No. 104938 of 2023 C/W WP No. 102824 of 2021 WP No. 103730 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 104938 OF 2023 (S-TR) C/W WRIT PETITION NO. 102824 OF 2021 WRIT PETITION NO. 103730 OF 2022
IN WP NO. 104938/2023 BETWEEN:
1.
R.K. PAMMAR AGE: 46 YEARS, OCC: TEACHER OF PRAGATI HIGH SCHOOL, R/O. HEMA NAGAR,MUDHOL, TQ AND DIST: BAGALKOT-587103.
2.
B.B. PUJERI AGE: 45 YEARS, OCC: TEACHER OF PRAGATI HIGH SCHOOL, R/O: MAHALINGAPUR,TQ: MUDHOL, DIST: BAGALKOT-587103.
3.
V.Y. KULALI AGE: 54 YEARS, OCC: TEACHER IN PRAGATI HIGH SCHOOL, R/O: MAHALINGAPUR, TQ: MUDHOL, DIST: BAGALKOT-587103.
4. T.I.VASTRAD, AGE: 53 YEARS, OCC: TEACHER IN PRAGATI HIGH SCHOOL, MAHALINGAPUR, TQ: MUDHOL, DIST: BAGALKOT-587103.
Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD
BENCH
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5. R.S.KADAM AGE: 43 YEARS, OCC: TEACHER IN PRAGATI HIGH SCHOOL, JANATA HOUSING COLONY, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT-587103.
6. G.S.ANGADI, AGE: 59 YEARS, OCC: TEACHER AT PRAGATI HIGH SCHOOL, HEMAREDDIMALLAMMA NAGAR, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT-587103.
7. B.B.SHIRAMAGOND, AGE: 48 YEARS, OCC: TEACHER AT PRAGATI HIGH SCHOOL, MAHALINGAPUR, TQ: MUDHOL, DIST: BAGALKOT-587103.
8. B.K.DALAWAI, AGE: 54 YEARS, OCC: SECOND DIVISIONAL CLERK, PRAGATI HIGH SCHOOL, MAHALINGAPUR, TQ: MUDHOL, DIST: BAGALKOT-587103.
9.
R.K. DASAR, AGE: 45 YEARS, OCC: TEACHER AT PRAGATI PRIMARY SCHOOL, HEMAREDDI MALLAMMA NAGAR, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT-587103.
10. K.A. TUPPAD, AGE: 55 YEARS, OCC: TEACHER IN PRAGATI PRIMARY SCHOOL, HEMAREDDI MALLAMMA NAGAR, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT-587103. …PETITIONERS (BY SRI. MALLIKARJUN B. MADANALLI, ADVOCATE)
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AND:
1.
THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PUBLIC INSTRUCTION, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001.
2.
THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION OFFICE OF COMMISSIONER RODDA ROAD, DHARWAD-580008.
3.
THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, DEPARTMENT OF PUBLIC INSTRUCTION, ROOM NO.132, DISTRICT ADMINISTRATIVE BUILDING, NAVANAGAR, BAGALKOT-587103.
4.
BLOCK EDUCATION OFFICER, DEPARTMENT OF PUBLIC INSTRUCTION MUDHOL, BAGALKOT-587103.
5.
PRAGATI SAMUDAY EDUCATION & RURAL DEVELOPMENT, INDUSTRIAL SOCIETY MUDHOL, REPRESENTED BY ITS PRESIDENT, BASAPPA S/O. ISHWAR MANE, AGED ABOUT 55 YEARS, OCC: AGRICULTURE, R/O: WARD NO.8, SAI NAGAR, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT-587103. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1-R4;
SRI. K.L. PATIL & SRI. S.S. BETURMATH, ADVOCATES FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI TO QUASH THE TRANSFER
ORDER BEARING NO.G1/SHA.SHI.A:VARGA:PRAGATI:21:2023-24 DATED 31-07-2023 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-N TO THE WRIT PETITION IN SO FAR AS PETITIONERS ARE CONCERNED.
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IN WP NO. 102824/2021 BETWEEN:
ABDUL KAREEM AKBARALI MULLA, AGE: 52 YEARS, OCC: INCHARGE HEAD MASTER OF PRAGATI JANATA HOUSING COLONY, R/O. JAYANAGAR, WARD NO.5, MUDHOL, TQ AND DIST: BAGALKOT-587103. …PETITIONER (BY SRI. MALLIKARJUN B. MADANALLI, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, REP. BY CHIEF SECRETARY, DEPARTMENT OF PUBLIC INSTRUCTIONS, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001.
2.
THE ADDL. COMMISSIONER OF PUBLIC INSTRUCTION AND COMPETENT AUTHORITY, OFFICE OF COMMISSIONER, R.R. ROAD, DHARWAD-580008.
3.
THE DIRECTOR OF PUBLIC INSTRUCTION, DEPARTMENT OF PUBLIC INSTRUCTION, ROOM NO.132, DISTRICT ADMINISTRATIVE BUILDING, NAVANAGAR, BAGALKOT-587103.
4.
BLOCK EDUCATION OFFICER, DEPARTMENT OF PUBLIC INSTRUCTION, MUDHOL, BAGALKOT-587313.
5.
PRAGATI SAMUDAY EDUCATION AND RURAL DEVELOPMENT INDUSTRIAL SOCIETY MUDHOL, REPRESENTED BY PRESIDENT, BASAPPA S/O. ISHWAR MANE, AGE: 55 YEARS, OCC: AGRICULTURE, R/O. WARD NO.8, SAI NAGAR, MUDHOL, DIST: BAGALKOT-587313. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1-R4;
SRI. K.L. PATIL & SRI. S.S. BETURMATH, ADVOCATES FOR R5)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE SUSPENSION ORDER LETTER DATED 21.07.2021 PASSED BY THE 5TH RESPONDENT HEREIN VIDE ANNEXURE E TO THE WRIT PETITION; ISSUE A WRIT OF MANDAMUS DIRECTING THE 2ND RESPONDENT TO CONTINUE THE ORDER OF APPOINTED 4TH RESPONDENT AS A SPECIAL OFFICER DATED 10.10.2019 VIDE ANNEXURE C TO THE WRIT PETITION; ISSUE A WRIT OF MANDAMUS, DIRECTION, DECLARATION OR ANY OTHER APPROPRIATE ORDER WHICH TO BE PASSED BY THIS HON’BLE COURT DEEMED TO FIT IN FAVOUR OF THE PETITIONER UNDER THE
FACTS AND CIRCUMSTANCES OF THE CASE TO MEET THE ENDS OF JUSTICE AND EQUITY. IN WP NO. 103730/2022 BETWEEN:
1. C.R. SONNAD, AGE: 52 YEARS, OCC: INCHARGE HEAD MASTER OF PRAGATI HIGH SCHOOL, R/O. HEMA NAGAR, MUDHOL, TQ AND DIST: BAGALKOT-587103. 2. R.K. MASUTI, AGE: 60 YEARS, OCC: TEACHER OF PRAGATI HIGH SCHOOL, R/O. HEMA NAGAR, MUDHOL, TQ AND DIST: BAGALKOT-587103. 3. V.C. HIREMATH, AGE: 42 YEARS, OCC: TEACHER OF PRAGATI HIGH SCHOOL, R/O. HEMA NAGAR, MUDHOL, TQ AND DIST: BAGALKOT-587103. 4. S.P. CHAPATI, AGE: 57 YEARS, OCC: TEACHER OF PRAGATI HIGH SCHOOL, R/O. HEMA NAGAR, MUDHOL, TQ AND DIST: BAGALKOT-587103. - 6 -
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5. G.S. ANGADI, AGE: 57 YEARS, OCC: TEACHER OF PRAGATI HIGH SCHOOL, R/O. HEMA NAGAR, MUDHOL, TQ AND DIST: BAGALKOT-587103. 6. R.K. PAMMAR, AGE: 45 YEARS, OCC: TEACHER OF PRAGATI HIGH SCHOOL, R/O. HEMA NAGAR, MUDHOL, TQ AND DIST: BAGALKOT-587103. 7. N.M. ULLAGADDI, AGE: 56 YEARS, OCC: TEACHER OF PRAGATI HIGH SCHOOL, R/O. HEMA NAGAR, MUDHOL, TQ AND DIST: BAGALKOT-587103. 8. VIJAYA Y. KULALI, AGE: 53 YEARS, OCC: TEACHER OF PRAGATI HIGH SCHOOL, R/O. MAHALINGAPUR, TQ: MAHALINGAPUR, DIST: BAGALKOT-587103. 9. B.R. HEREKALL, AGE: 56 YEARS, OCC: INCHARGE HEAD MASTER OF PRAGATI HIGH SCHOOL, R/O. HEMA NAGAR, MUDHOL, TQ AND DIST: BAGALKOT-587103. 10. R.K. DAASAR, AGE: 57 YEARS, OCC: TEACHER OF PRAGATI HIGH SCHOOL, R/O. HEMA NAGAR, MUDHOL, TQ AND DIST: BAGALKOT-587103. 11. S.H. SUNNAL, AGE: 53 YEARS, OCC: TEACHER OF PRAGATI HIGH SCHOOL,
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R/O. HEMA NAGAR, MUDHOL, TQ AND DIST: BAGALKOT-587103. 12. K.A. TUPPAD, AGE: 56 YEARS, OCC: TEACHER OF PRAGATI HIGH SCHOOL, R/O. HEMA NAGAR, MUDHOL, TQ AND DIST: BAGALKOT-587103. 13. G.G. MURANAL, AGE: 52 YEARS, OCC: TEACHER OF PRAGATI HIGH SCHOOL, R/O. HEMA NAGAR, MUDHOL, TQ AND DIST: BAGALKOT-587103. 14. Y.Y. TAKKALAKI, AGE: 59 YEARS, OCC: INCHARGE HEAD MASTER OF PRAGATI HIGH SCHOOL, R/O. JANATA HOUSING COLONY, MUDHOL, TQ AND DIST: BAGALKOT-587103. 15. S.D. PADATARE, AGE: 61 YEARS OCC: TEACHER OF PRAGATI HIGH SCHOOL, R/O. JANATA HOUSING COLONY, MUDHOL, TQ AND DIST: BAGALKOT-587103. 16. S.S. BHUTGANAAL, AGE: 46 YEARS OCC: TEACHER OF PRAGATI HIGH SCHOOL, R/O. JANATA HOUSING COLONY, MUDHOL, TQ AND DIST: BAGALKOT-587103. 17.
S.B. LAKKAR, AGE: 44 YEARS OCC: TEACHER OF PRAGATI HIGH SCHOOL, R/O. JANATA HOUSING COLONY, MUDHOL, TQ AND DIST: BAGALKOT-587103. - 8 -
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18. R.L. PUJAR, AGE: 43 YEARS, OCC: TEACHER OF PRAGATI HIGH SCHOOL, R/O. JANATA HOUSING COLONY, MUDHOL, TQ AND DIST: BAGALKOT-587103. 19. U.R. GANIGER, AGE: 45 YEARS, OCC: TEACHER OF PRAGATI HIGH SCHOOL, R/O. JANATA HOUSING COLONY, MUDHOL, TQ AND DIST: BAGALKOT-587103. 20. R.S. KADAM, AGE: 42 YEARS, OCC: TEACHER OF PRAGATI HIGH SCHOOL, R/O. JANATA HOUSING COLONY, MUDHOL, TQ AND DIST: BAGALKOT-587103. 21. G.B. CHALAWADI, AGE: 49 YEARS, OCC: PEON OF PRAGATI HIGH SCHOOL, R/O. JANATA HOUSING COLONY, MUDHOL, TQ AND DIST: BAGALKOT-587103. 22. A.A. MULLA, AGE: 56 YEARS, OCC: INCHARGE HEAD MASTER OF PRAGATI PRIMARY SCHOOL, R/O. JANATA HOUSING COLONY, MUDHOL, TQ AND DIST: BAGALKOT-587103. 23. G.R. CHAKOTA, AGE: 55 YEARS, OCC: TEACHER OF PRAGATI PRIMARY SCHOOL, R/O. JANATA HOUSING COLONY, MUDHOL, TQ AND DIST: BAGALKOT-587103. 24. S.S. KAKARADDI, AGE: 56 YEARS, OCC: TEACHER OF PRAGATI PRIMARY SCHOOL,
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R/O. JANATA HOUSING COLONY, MUDHOL, TQ AND DIST: BAGALKOT-587103. 25. S.K. BHUTAPPAGOL, AGE: 38 YEARS, OCC: TEACHER OF PRAGATI PRIMARY SCHOOL, R/O. JANATA HOUSING COLONY, MUDHOL, TQ AND DIST: BAGALKOT-587103. 26. M.R. CHIGARI, AGE: 40 YEARS, OCC: TEACHER OF PRAGATI PRIMARY SCHOOL, R/O. JANATA HOUSING COLONY, MUDHOL, TQ AND DIST: BAGALKOT-587103. 27. T.I. VASTRAD, AGE: 52 YEARS, OCC: INCHARGE HEAD MASTER OF PRAGATI HIGH SCHOOL, R/O. MAHALINGAPUR, TQ: MUDHOL, DIST: BAGALKOT-587103. 28. S.S. SONANE, AGE: 56 YEARS, OCC: TEACHER OF PRAGATI HIGH SCHOOL, R/O. MAHALINGAPUR, TQ: MUDHOL, DIST: BAGALKOT-587103. 29. B.B. SHIRAMAGOND, AGE: 47 YEARS, OCC: DRAWING TEACHER OF PRAGATI HIGH SCHOOL, R/O. MAHALINGAPUR, TQ: MUDHOL, DIST: BAGALKOT-587103. 30. B.B. PUJERI, AGE: 45 YEARS, OCC: TEACHER OF PRAGATI HIGH SCHOOL, R/O. MAHALINGAPUR, TQ: MUDHOL, DIST: BAGALKOT-587103.
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31. H.D. BYAKOD, AGE: 48 YEARS, OCC: TEACHER OF PRAGATI HIGH SCHOOL, R/O. MAHALINGAPUR, TQ: MUDHOL, DIST: BAGALKOT-587103. …PETITIONERS (BY SRI. MALLIKARJUN B. MADANALLI, ADVOCATE) AND:
1. PRAGATI SAMUDAY EDUCATION AND RURAL DEVELOPMENT INDUSTRIAL SOCIETY MUDHOL, REPRESENTED BY SECRETARY, BASAPPA S/O. ISHWAR MANE, AGE: 55 YEARS, OCC: AGRICULTURE, R/O. WARD NO.8, SAI NAGAR, MUDHOL, DIST: BAGALKOT – 587313. 2. MARUTI S/O YAMANAPPA ANI AGE: 59 YEARS, OCC: AGRICULTURE, PRESIDENT OF PRAGATI SAMUDAY EDUCATION, & RURAL DEVELOPMENT INDUSTRIAL SOCIETY MUDHOL, R/O: MANTUR, TQ: MUDHOL, DIST: BAGALKOT-587313. 3. SHIVALINGA MARUTI MANE, AGE: 51 YEARS, OCC: AGRICULTURE, MEMBER OF PRAGATI SAMUDAY EDUCATION & RURAL DEVELOPMENT INDUSTRIAL SOCIETY MUDHOL, R/O: WARD NO.7, PAVANACHUKKI, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT-587313. 4. SMT. SHAKUNTALA RAMACHANDRA DAASAR, AGE: 49 YEARS, OCC: HOUSEWIFE, MEMBER OF PRAGATI SAMUDAY EDUCATION, & RURAL DEVELOPMENT INDUSTRIAL SOCIETY MUDHOL, R/O: WARD NO.7, PAVANACHUKKI, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT-587313. - 11 -
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5. SMT. SUSHILABAI YAMANAPPA KAATARAKI, AGE: 52 YEARS, OCC: HOUSEWIFE, MEMBER OF PRAGATI SAMUDAY EDUCATION, & RURAL DEVELOPMENT INDUSTRIAL SOCIETY MUDHOL, R/O: WARD NO.5, MALLAMMANAGAR, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT-587313. 6. RAMACHANDRA RAJU POL, AGE: 49 YEARS, OCC: BUSINESS, MEMBER OF PRAGATI SAMUDAY EDUCATION, & RURAL DEVELOPMENT INDUSTRIAL SOCIETY MUDHOL, R/O: WARD NO.3, SAIDAPUR GALLI, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT-587313. 7. SANTOSH VASANT KODATHE, AGE: 35 YEARS, OCC: BUSINESS, MEMBER OF PRAGATI SAMUDAY EDUCATION, & RURAL DEVELOPMENT INDUSTRIAL SOCIETY MUDHOL, R/O: NEAR SAYYADSABDARGA, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT-587313. 8. SMT. PREMA VIJAYAKUMAR MAADAR, AGE: 32 YEARS, OCC: HOUSEWIFE, MEMBER OF PRAGATI SAMUDAY EDUCATION, & RURAL DEVELOPMENT INDUSTRIAL SOCIETY MUDHOL, R/O: HEBBAL, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT-587313. 9.
KUMAR PAVAN BASAPPA MANE, AGE: 23 YEARS, OCC: BUSINESS, MEMBER OF PRAGATI SAMUDAY EDUCATION, & RURAL DEVELOPMENT INDUSTRIAL R/O: WARD NO.8, SAINAGAR, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT-587313. 10. THE STATE OF KARNATAKA, REPRESENTED BY CHIEF SECRETARY, DEPARTMENT OF PUBLIC INSTRUCTIONS, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560001. - 12 -
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11. THE ADDL. COMMISSIONER OF PUBLIC INSTRUCTION AND COMPETENT AUTHORITY, OFFICE OF COMMISSIONER, R.R. ROAD, DHARWAD – 580008. 12. THE DIRECTOR OF PUBLIC INSTRUCTION DEPARTMENT OF PUBLIC INSTRUCTION, ROOM NO.132, DISTRICT ADMINISTRATIVE BUILDING, NAVANAGAR, BAGALKOT- 587103. 13. BLOCK EDUCATION OFFICER, DEPARTMENT OF PUBLIC INSTRUCTION, MUDHOL, BAGALKOT – 587313. …RESPONDENTS (BY SRI. IRANAGOUDA K. KABBUR, ADVOCATE FOR R1;
SRI. V.S. KALASURMATH, AGA FOR R10-13;
NOTICE TO R2-R9 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE 1ST RESPONDENT TO CONSIDER THE REPRESENTATION DATED 14-02-2021 VIDE ANNEXURE-F AND DIRECT TO RETURN THE SERVICE REGISTER TO THE PETITIONERS HEREIN; ISSUE A WRIT OF MANDAMUS, DIRECTION, DECLARATION OR ANY OTHER APPROPRIATE ORDER WHICH TO BE PASSED BY THIS HON’BLE COURT DEEMED TO FIT IN FAVOUR OF THE PETITIONER UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE TO MEET THE ENDS OF JUSTICE AND EQUITY. THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioners in each of the above matters are before this Court seeking for the following reliefs:
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IN WP NO.104938/2023
1. Issue writ of certiorari to quash the Transfer Order bearingNo.G1/SHA.SHI.A:VARGA:PRAGATI:21:202 3-24 dated 31-07-2023 passed by the 2nd respondent vide Annexure-N to the writ petition in so far as petitioners are concerned. 2.
Pass such other orders or issue directions as this Hon’ble Court deems fit under the facts and circumstances of the case to meet the ends of justice and equity. IN WP NO.102824/2021
i. Issue a writ of certiorari to quash the suspension
order letter dated 21.07.2021 passed by the 5th respondent herein vide Annexure E to the writ petition;
ii. Issue a Writ of Mandamus directing the 2nd respondent to continue the order of appointed 4th respondent as a special officer dated 10.10.2019 vide Annexure C to the writ petition;
iii. Issue a writ of mandamus, direction, declaration or any other appropriate order which to be passed by this Hon’ble Court deemed to fit in favour of the petitioner under the facts and circumstances of the case to meet the ends of justice and equity.
IN WP NO.103730/2022
i. Issue a writ of mandamus directing the 1st respondent to consider the representation dated 14- 02-2021 vide Annexure-F and direct to return the service register to the petitioners herein. ii. Issue a writ of mandamus direction declaration or any other appropriate order which to be passed by this Hon’ble court post writ petition before Hon’ble single judge for preliminary hearing tsm 20.09.2022.
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2. The dispute arose between the parties mainly on account of lack of confidence and miscommunication between the teachers and the management of the school.
3. Though several allegations were made by each other against each other, when the matter was taken up for consideration, on enquiry as to whether the matter could be amicably resolved, both the counsel submitted that they will endeavour to try and resolve the matter. Both the counsel upon instructions, thereafter submitted that both of them are willing to withdraw the allegations made against each other. However, a submission was made by the teachers that, there being lack of confidence, they would wish to be transferred to any other school admitted to grant-in-aid.
Learned counsel for the school management also acceded to the said request.
4. The affidavits of the petitioners filed in regard to the above are taken on record.
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5. In that view of the matter, learned AGA was directed to secure instructions if there are any vacancies available within the said Taluk, in any other schools admitted to grant-in-aid, wherein the teachers could be transferred.
6. Learned AGA upon instructions, today submits that, there are 50 vacancies in different schools in the primary and high school level in Mudhol Taluk. He submits that, taking into
consideration the convenience of the teachers and taking into account their preferences, 15 of the teachers, who are before this Court in the above matters, would be transferred to the respective schools of their choice.
7.
Learned counsel for the Management submits that, since the exams are now scheduled from the 10.03.2025, until the recruitment is completed, the teachers would have to continue to render their services in the school and thereafter they could be transferred, and in this regard he submits that the
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recruitment of new teachers would take about 3 months time to be completed.
8. In that view of the matter, the above being amicable resolution which has been arrived at between the parties, I am of the considered opinion that, passing of necessary directions in that regard would resolve the matter. Hence, I pass the following:
ORDER i. W.P.No.102824/2021 and W.P.No.103730/2022 are dismissed as withdrawn. ii. W.P.N.104938/2023 is allowed. A certiorari is issued, Transfer Order bearing No.G1/SHA.SHI.A:
VARGA:PRAGATI:21:2023-24 dated 31.07.2023 passed by 2nd respondent vide Annexure-N is quashed, insofar as the petitioners are concerned. iii. Leaned AGA today has submitted a list of vacancies to the petitioners, the petitioners are
directed to convey their respective preferences to
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the 4th respondent – Block Education Officer, by
17.03.2025. iv. The petitioners in W.P.No.104938/2023, shall continue to work in the respondent No.5 Institution for a period of three months from today i.e., until 31.05.2025. v. Upon completion of the tenure on 31.05.2025, respondent No.3 is directed to transfer the above petitioners to the respective schools. vi. The submission of learned counsel for the Management that a proposal for fresh recruitment would be submitted to the second respondent by 07.03.2025 is placed on record. If the said representation is received by the second respondent by that time, the second respondent is
directed to process the same and afford necessary approval in relation thereto within 15 days from
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the date or receipt or by 21.03.2025, whichever is later. vii. Responded No.5 is at liberty to cause the recruitment of fresh teachers in the time frame that it so chooses. The tenure of the petitioners would however come to an end by 31.05.2025. viii. The respondent Management is directed to upload necessary Service Registers with the correct details with appropriate increments and the like in respect of each of the above petitioners on or before 30.04.2025. In view of disposal of the main matters, pending I.As., if any, do not survive for consideration and are
disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE
gab CT-MCK List No.: 1 Sl No.: 59