- 1 - HC-KAR NC: 2025:KHC:30363-DB WP No. 19629 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 19629 OF 2024 (S-KSAT) BETWEEN: 1. SMT. GAYATHRI NAIK, W/O SRI POLUR MURALIDHARA, AGED ABOUT 32 YEARS, R/AT AVARAGUPPA, SIDDAPURA TALUK, UTTARA KANNADA DISTRICT. PRESENTLY WORKING AT D.K.Z.P. HIGHER PRIMARY SCHOOL, MANCHI KUKKAJE, BANTWALA TALUK 574 211, DAKSHINA KANNADA DISTRICT. 2. SRI. MALLESHA K. M., S/O MADEGOWDA, AGED ABOUT 36 YEARS, R/AT KALENAHALLI VILLAGE AND POST, PANDAVAPURA TALUK, MANDYA DISTRICT- 571434. PRESENTLY WORKING AT GOVERNMENT HIGHER PRIMARY SCHOOL, KATAGERI, ATHANI TALUK, CHIKKODI EDUCATIONAL DISTRICT-591304. 3. SRI. KOTAIAH P., S/O PUTTARANGAPPA, Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30363-DB WP No. 19629 of 2024 AGED ABOUT 38 YEARS, R/AT THAYAGONDANAHALLI, D.V.HALLI POST, MADHUGIRI TALUK, TUMKUR DISTRICT. WORKING AT GOVERNMENT MODEL HIGHER PRIMARY SCHOOL KHADAKALAT, CHIKKODI TALUK, CHIKKODI EDUCATIONAL DISTRICT. 4. SMT. PRAJWALA, W/O HARISH SHENOY, AGED ABOUT 37 YEARS, KARKALA TALUK, UDUPI DISTRICT-574104. PRESENTLY WORKING AT D.K.Z.P. HIGHER PRIMARY SCHOOL, PADMANOOR, KINNIGOLI, MANGALORE NORTH-574150, DAKSHINA KANNADA DISTRICT. 5. SMT. SHILPASHREE B.M., W/O MADHUCHANDRAN P., AGED ABOUT 35 YEARS, R/AT No. 2265, 2ND B MAIN, 'D' BLOCK, KANAKADASA NAGARA, DHATTAGALLI 3RD STAGE, MYSURU 571122. PRESENTLY WORKING AT HIGHER PRIMARY SCHOOL, SHIRAMAHALLI, H.D.KOTE TALUK, MYSURU-571114. 6. SRI. DEEPAK C.N., S/O NAGENDRA, AGED ABOUT 34 YEARS, R/AT CHIKKA YERAHALLI, PANDAVAPURA TALUK, MANDYA DISTRICT. PRESENTLY WORKING AT K.H.P.S. BEVANUR, BEVANUR POST, ATHANI TALUK, CHIKKODI EDUCATIONAL DISTRICT-591212. - 3 - HC-KAR NC: 2025:KHC:30363-DB WP No. 19629 of 2024 7. SRI MAHESH NAIK, S/O MANJUNATH, AGED ABOUT 35 YEARS, R/AT No.46, KUNAJI, KOLA SIRSI POST, SIDDAPURA TALUK, UTTARA KANNADA DISTRICT-581355. PRESENTLY WORKING AT GOVERNMENT KANNADA HIGHER PRIMARY SCHOOL, NAGANUR P.A. TAVANSHI POST, ATHANI TALUK, CHIKKODI EDUCATIONAL DISTRICT-591212. 8. SRI. MUTHURAJ N. M., S/O MARIYAPPA N.V., AGED ABOUT 37 YEARS, R/AT MALLENAHALLI VILLAGE AND POST, DUDDA HOBLI, MANDYA TALUK AND DISTRICT-571405. PRESENTLY WORKING AT GOVERNMENT HIGHER PRIMARY SCHOOL, SAVASAGI, HANGAL TALUK, HAVERI DISTRICT- 581111. 9. SRI MUHAMMED ZEESHAN, S/O ZABIULLA S., AGED ABOUT 33 YEARS, R/AT WADI-E-HUDA, 2ND MAIN, 2ND CROSS, GUHPS, BALLIGERI, BALLIGERI POST, ATHANI TALUK, CHIKKODI DISTRICT- 591212. 10. SMT. SHILPA B., D/O H. BANUMURTHY, AGED ABOUT 40 YEARS, No.105A, 29TH A CROSS, JAYANAGAR, BENGALURU- 560 082. PRESENTLY WORKING AT GMPS, DODDA KANNELLI, CARMEL RAM POST, DODDA KANNELLI, SARJAPURA ROAD, SOUTH-4, BENGALURU- 560 035. - 4 - HC-KAR NC: 2025:KHC:30363-DB WP No. 19629 of 2024 11. SMT. BABITHA D.S., D/O SOMASHEKAR, AGED ABOUT 35 YEARS, R/AT MADIHALLI, K.R.EXTENSION POST, TIPTUR TALUK, TUMKUR DISTRICT- 572201. PRESENTLY WORKING AT KPS MALAGI, MUNDAGOD TALUK, SIRSI EDUCATIONAL DISTRICT- 581346. …PETITIONERS (BY SRI SRIKANTH M. P., ADVOCATE FOR P1 TO P11) (SRI DILIP KUMAR J.S., ADVOCATE FOR PROPOSED PETITIONERS P12 & P13 IN I.A. 5/2024) AND: 1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION AND LITERACY DEPARTMENT, GOVERNMENT OF KARNATAKA, M.S. BUILDING, DR.AMBEDKAR VEEDHI, BANGALORE 560 001. 2. THE COMMISSIONER, DEPARTMENT OF PUBLIC INSTRUCTIONS, NRUPATHUNGA ROAD, BENGALURU 560 001. 3. THE DIRECTOR, PRIMARY EDUCATION, SCHOOL EDUCATION AND LITERACY DEPARTMENT, NRUPATHUNGA ROAD, BENGALURU 560 001. 4. THE DEPUTY DIRECTOR, SCHOOL EDUCATION AND LITERACY DEPARTMENT, DAKSHINA KANNADA DISTRICT 575 006. 5. THE BLOCK EDUCATION OFFICER, SCHOOL EDUCATION AND LITERACY DEPARTMENT, BANTWALA TALUK 574 211, DAKSHINA KANNADA DISTRICT. - 5 - HC-KAR NC: 2025:KHC:30363-DB WP No. 19629 of 2024 6. SMT. KAVITHA K., W/O VASANTH D., AGED ABOUT 40 YEARS, OCC: ASSISTANT TEACHER ARTS (ENGLISH), GOVERNMENT ADARSHA VIDYALAYA (RMSA), GUNDLUPETE, CHAMARAJNAGAR, R/AT DEVASYA HOUSE, GUNDLUPETE TALUK, GUNDLUPETE, DISTRICT CHAMARAJNAGAR 571 111. 7. THE JOINT DIRECTOR, PUBLIC INSTRUCTIONS IN THE OFFICE OF DEPARTMENT OF PUBLIC INSTRUCTIONS, MYSORE 570 004. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, IN THE OFFICE OF PUBLIC INSTRUCTIONS, CHAMARAJNAGAR - 571 313. 8. SRI. CHETHAN V. NAYAK, OCC: ASSISTANT TEACHER, GRADE-2, ARTS (ENGLISH), GOVERNMENT ADARSHA VIDYALAYA, HUNSUR TALUK, MYSORE DISTRICT - 571 105. 9. SMT. SHILPASHREE, OCC: ASSISTANT TEACHER, GRADE-2, ARTS (ENGLISH), GOVERNMENT ADARSHA VIDYALAYA, MYSORE SOUTH, MYSORE - 570 008. …RESPONDENTS (BY SRI REUBEN JACOB, AAG A/W SRI V. SHIVAREDDY, AGA FOR R1 TO R5 & R7 TO R8; R6, R9 & R10 SERVED, UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 16/02/2024 PASSED IN REVIEW APPLICATION No.5/2024 BY THE HON'BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU VIDE ANNEXURE-B AND ETC. - 6 - HC-KAR NC: 2025:KHC:30363-DB WP No. 19629 of 2024 THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioners - third parties to the order dated 10.01.2022 in Application No.5957/2021 passed by the Karnataka State Administrative Tribunal, Bengaluru ('hereinafter referred to as 'Tribunal') are before this Court questioning the observation made by the Tribunal that the applicants therein would be entitled to transfer before the five year period of service only if the said condition is waived by the appointing authority or after they complete the said period of service, on the ground that they are also similarly situated Teachers. 2. Heard Sri M.P. Srikanth, learned counsel for the petitioners; Sri Reuben Jacob, learned Additional Advocate General along with Sri V. Shivareddy, learned Additional Government Advocate for respondent Nos.1 to 5 and 7 to 8. - 7 - HC-KAR NC: 2025:KHC:30363-DB WP No. 19629 of 2024 Respondent Nos.6, 9 and 10 are served and unrepresented. Perused the entire writ petition papers. 3. Learned counsel for the petitioners submit that the petitioners are appointed as Graduate Primary School Teachers in respondent No.2 - Department of Public Instructions during the period from 31.03.2016 to 2018. Learned counsel submit that in the order of appointment of petitioners, a condition is imposed that the appointed candidates shall compulsorily serve for 5 to 10 years at the place of initial posting and they would not be entitled for transfer before completion of the said period. Learned counsel further submit that the State introduced Karnataka Civil Services (Regulation of Transfer of Teachers) Act, 2020 (hereinafter referred to as '2020 Act'), which has come into force from 27.03.2020. In the said Act, the minimum period of service for transfer of Teachers is 3 years. Learned counsel also submit that the condition imposed in the order of appointment of petitioners is prior to coming into force of 2020 Act. Learned counsel further submit that there is no basis for imposing the condition to serve for a minimum of 5 to - 8 - HC-KAR NC: 2025:KHC:30363-DB WP No. 19629 of 2024 10 years at the place of first posting. Thus, learned counsel prays for allowing the writ petition and to expunge the observations in the order impugned hereunder. 4. Per contra, learned Additional Advocate General fairly submit that prior to the order impugned, the transferring authorities were following the minimum period of service prescribed under 2020 Act irrespective of the condition put by the State Government in the order of appointment with regard to minimum service at the first place of posting. Learned Additional Advocate General further submit that in view of the observations made by the Tribunal in the impugned order, the State Government without having any other option followed the said decision. Therefore, he prays for passing appropriate order. 5. Having heard learned counsel for the parties and on perusal of the entire writ petition papers, we are of the considered opinion that in the facts and circumstances of the present case, it is for the respondent authorities to follow the minimum period of service prescribed under 2020 Act. Admittedly, the petitioners are appointed prior to coming into - 9 - HC-KAR NC: 2025:KHC:30363-DB WP No. 19629 of 2024 force of the 2020 Act and the condition of minimum service at the place of first posting is not contemplated under 2020 Act. The 2020 Act would only provide for minimum period of service in a place of posting to become eligible for transfer. In terms of 2020 Act, a Teacher would become eligible for transfer if he/she has served for a minimum period of service prescribed under the Act. Therefore, it would be expedient for the State Government to give effect to the minimum period of service prescribed under the 2020 Act instead to the condition of minimum period of service incorporated in the order of appointment. 6. With the above observations, writ petition stands disposed of. In view of disposal of main petition, pending interlocutory applications stand disposed of as not surviving. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE MV/List No.: 1 Sl No.: 53