- 1 - NC: 2025:KHC-D:6773-DB WP No. 102721 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH 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.102721 OF 2025 (S-KAT) BETWEEN: SRI. MALAKARISIDDA M WADEYAR, S/O MALLAPPA, AGE. 43 YEARS, ASSISTANT MASTER GRADE II, SUBJECT: KANNADA LANGUAGE, GOVERNMENT ADARSHA VIDYALAYA, DASTIKOPPA 586124, KALAGHATGI (T), DHARWAD (D). ALSO R/AT ARAKERI, TQ. TIKOTA, DISTRICT VIJAYAPUR-586104. …PETITIONER (BY SRI. MADANGOUDA N. PATIL, ADVOCATE) AND: 1. THE ADDITIONAL COMMISSIONER, ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:6773-DB WP No. 102721 of 2025 DEPARTMENT OF SCHOOL EDUCATION, D.I.E.T., CAMPUS, RODDHA ROAD, DHARWAD 580008, (BELGAUM DIVISION). 2. THE JOINT DIRECTOR, DEPARTMENT OF SCHOOL EDUCATION, NEAR RANI CHANNAMMA CIRCLE, (BELGAUM DIVISION), BELGAUM 590002. 3. THE DEPUTY DIRECTOR (ADMINISTRATION), DEPARTMENT OF SCHOOL EDUCATION, D.I.E.T., CAMPUS, RODDHA ROAD, DHARWAD 580008. 4. THE BLOCK EDUCATION OFFICER, KALAGHATAGI, DISTRICT DHARWAD 581204. …RESPONDENTS (BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, SET ASIDE THE IMPUGNED ORDER DATED 07.01.2025 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI IN APPLICATION NO.10971/2024 C/W APPLICATION NO.10988/2024 VIDE ANNEXURE-A AND DIRECT THE RESPONDENTS TO CONDUCT THE COUNSELING TO THE PETITIONER FOR TRANSFER, BY ALLOWING THE APPLICATION AS PRAYED FOR AND ETC. - 3 - NC: 2025:KHC-D:6773-DB WP No. 102721 of 2025 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) Sri. G.K.Hiregoudar, learned Government Advocate accepts notice for the respondents-State. 2. Petitioner, the applicant before the Karnataka State Administrative Tribunal at Belagavi (for short, ‘the Tribunal’) is before this Court under Article 226 of the Constitution of India questioning the common order dated 07.01.2025 passed by the Tribunal in Application No.10971/2024 C/w Application No.10988/2024 only insofar as direction issued by the Tribunal at paragraph No.13(ii) of the impugned order directing the respondents to consider the case of the petitioner/applicant for transfer through counseling that would take place in the next transfer period. - 4 - NC: 2025:KHC-D:6773-DB WP No. 102721 of 2025 3. Heard Sri. Madangouda N.Patil, learned counsel appearing for the petitioner, and Sri G.K.Hiregoudar, learned Government Advocate for respondents No.1 to 4. Perused the entire writ petition papers. 4. Learned counsel appearing for the petitioner would submit that the petitioner was kept under suspension on 22.07.2024. The petitioner had applied for transfer through counseling. It is the case of the petitioner that he was not called for counseling and no reasons are assigned for not calling him for counseling. The petitioner filed Application No.10988/2024 challenging the order of suspension and Application No.10971/2024 for a direction to the respondents to consider the representation dated 08.08.2024 seeking permission to participate in the counseling for transfer of teachers. The Tribunal on hearing both the parties, under impugned order dated 07.01.2025, allowed both the applications directing the respondents to consider the case of the applicant i.e., the petitioner herein, for transfer through counseling in the counseling for next transfer period. The Tribunal also quashed the order of - 5 - NC: 2025:KHC-D:6773-DB WP No. 102721 of 2025 suspension dated 22.07.2024 with a further direction to reinstate the petitioner into service. 5. Learned counsel for the petitioner would submit that the Tribunal instead of directing consideration of the petitioner’s case for transfer through counseling in the counseling for the next transfer period, it could have directed conducting of special counseling since the petitioner was entitled to participate in the counseling process for transfer that was held on 08.08.2024 itself. It is further submitted that since the Tribunal quashed the order of suspension, the petitioner would be entitled for special counseling. Thus, he prays for allowing the petition. 6. Per contra, learned Government Advocate would support the order of the Tribunal and submits that the next counseling for transfer would be held in the months of June and July and, as directed by the Tribunal, the case of the petitioner would be considered for transfer of the petitioner in the next counseling process. It is submitted that the petitioner would not be entitled for special counseling since - 6 - NC: 2025:KHC-D:6773-DB WP No. 102721 of 2025 the transfer period for the previous year is already completed. 7. Having heard the learned counsel for the parties and on perusal of the entire writ petition papers, we are of the considered view that the petitioner is not an aggrieved person, and that no adverse order is passed against the petitioner under impugned order passed by the Tribunal. The Tribunal under the impugned order has granted all the relief sought for by the petitioner. The petitioner cannot seek for special counseling for transfer since as on the date of counseling held on 08.08.2024, the petitioner was under suspension by order dated 22.07.2024 which is prior to the date of counseling. The order of suspension is set aside under the impugned order dated 07.01.2025, and therefore, the petitioner would become entitled to participate only in the next counseling process for transfer. The counseling which was held on 08.08.2024 was for the period 2024-25, which period has ended long back. - 7 - NC: 2025:KHC-D:6773-DB WP No. 102721 of 2025 In the above circumstances, we do not find any error in the order passed by the Tribunal, and we also do not find any merit in the writ petition. Accordingly, the writ petition is rejected. Pending interlocutory applications, if any, are disposed of as not surviving for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE KMS, CT:VP LIST NO.: 1 SL NO.: 11