- 1 - HC-KAR NC: 2025:KHC-D:17059 WP No. 102934 of 2025 C/W WP No. 103210 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 102934 OF 2025 (S-TR) C/W WRIT PETITION NO. 103210 OF 2025 IN WP NO.102934/2025 BETWEEN: DR. GOPAL S/O. VENKAPPA DASAR AGE. 60 YEARS, OCC . PROFESSOR DEPARTMENT OF FOREST RESOURCE MANAGEMENT COLLEGE OF FORESTRY SIRSI R/O GOKUL NILAYA, NEJJUR COLONY, BANAVASI RAOD, SIRSI, TQ. SIRSI, DIST. UTTARA KANNADA-581401. &PETITIONER (BY SRI. H. M. DHARIGOND, ADVOCATE) AND: 1. THE REGISTRAR, UNIVERSITY OF AGRICULTURAL SCIENCES KRASHINAGAR, DHARWAD-580008. 2. THE ADMINISTRATOR UNIVERSITY OF AGRICULTURAL SCIENCES KRASHINAGAR, DHARWAD-580008. 3. THE DEAN (FOREST), COLLEGE OF FORESTRY SIRSI, TQ.SIRSI, DIST. UTTARA KANNADA-581401. &RESPONDENTS (BY SRI. HARSH DESAI, ADVOCATE) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:17059 WP No. 102934 of 2025 C/W WP No. 103210 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED TRANSFER ORDER DATED. 04-04-2025 PASSED BY THE SECOND RESPONDENT UNDER NO. AAK/C.SHA-5/PS/2025-26/39-B VIDE ANNEXURE-A. IN SO FAR AS PETITIONER IS CONCERNED AND ETC., IN W P NO.103210/2025 BETWEEN: DR. GOPAL S/O. VENKAPPA DASAR, AGE: 60 YEARS, OCC: PROFESSOR, DEPARTMENT OF FOREST RESOURCE MANAGEMENT COLLEGE OF FORESTRY SIRSI R/O. GOKUL NILAYA NEJJUR COLONY BANAVASI ROAD, SIRSI, TALUK: SIRSI DISTRICT: UTTAR KANNADA-581401 &PETITIONER (BY SRI. H. M. DHARIGOND, ADVOCATE) AND: 1. THE REGISTRAR UNIVERSITY OF AGRICULTURAL SCIENCES, KRASHINAGAR, DHARWAD 580008. 2. THE ADMINISTRATOR UNIVERSITY OF AGRICULTURAL SCIENCES, KRASHINAGAR, DHARWAD 580008. 3. THE DEAN (FOREST), COLLEGE OF FORESTRY SIRSI, TALUK SIRSI DISTRICT: UTTAR-KANNADA 581401. 4. THE SPECIAL OFFICER SC/ST CELL UNIVERSITY OF AGRICULTUREAL SCIENCES KRASHINAGAR, DHARWAD-580008. 5. SRI. RAGHAVENDRA. J. AGE: MAJOR, OCC: ASSISTANT PROFESSOR, MICROBIOLOGY DEPARTMENT OF FB AND TI COLLEGE OF FORESTRY SIRSI TALUK: SIRSI, DISTRICT: UTTAR-KANNADA 581 401. &RESPONDENTS (BY SRI. HARSH DESAI, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC-D:17059 WP No. 102934 of 2025 C/W WP No. 103210 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED. 24-04-2025 PASSED BY THE SECOND RESPONDENT UNDER NO. AO/EST-V/2025-26/178B VIDE ANNEXURE-N AND ETC., THESE WRIT PETITIONS, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: IN WP NO. 102934/25 a) A writ in the nature of certiorari to quash the impugned transfer order dated 04-04-2025 Passed by the second respondent under No.AAK/C.SHA-5/PS/2025-26/39-B vide ANNEXURE-A. In so far as Petitioner is concerned. b) Any other writ or direction from this Hon9ble Court Deems fit under the circumstances of acts of the case, in the interest of justice and equity. IN WP NO. 103210/25 a) A writ in the nature of certiorari to quash the impugned order dated 24-04-2025 Passed by the second respondent under No. AO/EST-V/2025-26/178B vide ANNEXURE-N. b) Any other writ or direction from this Hon9ble Court deems fit under the circumstances of acts of the case, in the interest of justice and equity. 2. Heard learned counsel, Sri.H.M. Dharigond, appearing for the petitioner, and learned counsel, Sri.Harsh Desai, appearing for the respondents. - 4 - HC-KAR NC: 2025:KHC-D:17059 WP No. 102934 of 2025 C/W WP No. 103210 of 2025 3. In both these petitions, the petitioner is common, the parties to the lis are common, and the issue is common. Therefore, the petitions are taken up together and considered by this common order. 4. The petitioner is an employee of the University of Agricultural Sciences. The issue in the lis is with regard to the transfer of the petitioner from Sirsi to Vijayapur. The petitioner joins the service of the University of Agricultural Sciences as a Junior Soil Scientist and is posted at Gangavathi for a period of 3 years. After Gangavathi, the petitioner comes to Sirsi in June 1998 and is transferred out of Sirsi in the year 2013. Therefore, the petitioner stays in Sirsi for a period of 15 years. 5. On 05.01.2013 the petitioner is promoted as Senior Soil Scientist and is Posted to Belavattagi where he stays for 4 years and 6 months and then comes to Dharwad on request and stays for 2 months and again gets back to his old place i.e., Sirsi and stays there for 8 years. Therefore the petitioner continues to stay in Sirsi as on the date of the impugned order of transfer. He has now stayed and worked in Sirsi for a period of 23 years. - 5 - HC-KAR NC: 2025:KHC-D:17059 WP No. 102934 of 2025 C/W WP No. 103210 of 2025 6. The petitioner is now transferred by the impugned order to Vijayapura from Sirsi. Learned counsel for the petitioner projects the guidelines to demonstrate that the transfer is in violation of the guidelines and seeks interference at the hands of this Court. 7. The Learned counsel for the petitioner, Sri.H.M.Dharigond, would take this Court through the documents appended to the petition and would project twin circumstance to challenge the said order of transfer: (i) One being the petitioner left with 1 year and 6 months of service should not be transferred, since he is nearing retirement and the guideline indicates that transfer should not be effected at the fag end of one's career. (ii) The other is that the petitioner is said to be the co-opted in the SC/ST cell. Therefore, his stay at Sirsi is imperative. 8. Per contra, learned counsel Sri.Harsh Desai, appearing for respondents would place a chart of the petitioner's - 6 - HC-KAR NC: 2025:KHC-D:17059 WP No. 102934 of 2025 C/W WP No. 103210 of 2025 history in University of Agricultural Sciences to demonstrate that out of his 32 years of service, he has stayed in Sirsi for more than 23 years. Therefore, the petitioner should not be shown any indulgence as transfer is an incidence of service. 9. I have given my anxious consideration to the submissions of the learned counsel for parties and have perused the material on record. 10. The afore-narrated facts are not in dispute. Transfer though is an incidence of service is now a settled principle, but it is hedged with conditions stipulated under the guidelines, statute or any Government order. In the case at hand, the employees of the University of Agricultural Sciences are regulated qua their transfers through the guidelines. Guidelines would indicate that an employee should not be transferred at the fag end of his service. What is the quantum of service that would determine fag end is not found in the guidelines. Even otherwise the petitioner right from the date he joined service has been in Sirsi for close to 23 years and wants to stay in Sirsi till his retirement, which would be 25 years in all. It is unheard of that a University - 7 - HC-KAR NC: 2025:KHC-D:17059 WP No. 102934 of 2025 C/W WP No. 103210 of 2025 servant whose transfer is an incidence of service stays in a particular place for 23 years. 11. Therefore, there is no warrant of interference at the hands of this Court as the transfer has been effected from Sirsi to Vijayapura. It is for the petitioner to march to Vijayapura and report to duties at the place that he is now transferred, failing which, it would be putting a premium on the petitioner's stay at Sirsi, which would be completing 25 years otherwise. For the aforesaid reasons indicated in the petition challenging transfer, the companion petition seeking the claim for retention at Sirsi also would not survive for any further consideration. The petitions thus lacking in merit, stand rejected. Sd/- (M.NAGAPRASANNA) JUDGE RHR/-CT:ANB List No.: 1 Sl No.: 36