SHRIDHAR M S/O NINGAPPA M v. THE STATE OF KARNATAKA
WP/105208/2025 · 2025-08-05
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52082 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52082 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:9784 WP No. 105208 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105208 OF 2025 (S-TR) BETWEEN:
SHRIDHAR M S/O. NINGAPPA M, AGE: 40 YEARS, WORKING AS PRINCIPAL MOORARJI DESAI RESIDENTIAL SCHOOL HAMPASAGAR, HAGARIBOMMANAHALLI TALUK VIJAYANAGAR DISTRICT (NOW UNDER TRANSFER ORDER) …PETITIONER (BY SRI. SHARANABASAVARAJ C, SRI. KUSHAL N. KAMBLE, SRI. PRAVEEN P.TARIKAR ,ADVOCATES)
AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SOCIAL WELFARE 2ND FLOOR, VIKASA SOUDHA DR.B.R.AMBEDKAR VEEDHI, BENGALURU-01
2. THE EXECUTIVE DIRECTOR KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY 6TH AND 7TH FLOOR, M.S.BUILDING BENGALURU-01
3. SRI M T YAMANURA SWAMY WORKING AS PRINCIPAL MOORARJI DESAI RESIDENTIAL SCHOOL (518), AMBALI, KOTTURU TALUK VIJAYANAGAR DISTRICT-583134. …RESPONDENTS (BY SRI. P.N. HATTI., HCGP FOR R1;
SRI. SUNIL S. DESAI., ADVOCATE FOR R2)
Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:9784 WP No. 105208 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER PASSED BY THE RESPONDENT NO. 1, DATED. 30.06.2025, BEARING NO. SA.KA.E.
146 M.D.S. 2025, VIDE ANNEXURE-A AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. Learned AGA accepts notice for respondents NO.1 and 2. 2. The petitioner is before this Court seeking for the following reliefs: i. Issue an appropriate writ, order or direction in the nature of certiorari quashing the impugned order passed by the R1, dated 30.06.2025, bearing No. Sa.Ka.E.146 M.D.S. 2025, vide Annexure-A. ii. Grant such other reliefs as this Hon’ble Court deems fit in the facts and circumstances of the case, in aid of the main relief sought for, in the interest of justice and equity. 3. The petitioner is challenging the transfer order dated 30.06.2025 passed by respondent No.2- Executive Director of the Karnataka Residential Educational Institutions Society, thereby posting the respondent No. 3 to the place of the petitioner and the petitioner
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HC-KAR NC: 2025:KHC-D:9784 WP No. 105208 of 2025
has been transferred to Hutatma Residential School, Challagurki, Bellari District.
The only ground of challenge is that respondent No.3 is not entitled to hold the post of the petitioner as per C&R Rules. 4. The said ground of challenge has not been raised by the petitioner for any bonafide intent or in the interest of respondent No.2, but has been raised only for the reason that the petitioner has been transferred out of that place to another location. 5. Sri.Sunil Desai, learned Council for respondent No.2 submits that the petitioner has already served one term of three years at the present location and the request made by the petitioner for consideration of a transfer to a location closer to the present location is also under consideration and it would be so considered in accordance with law. 6. The said submission would take care of the rights and interests of the petitioner. The petitioner can approach this Court only seeking protection of his
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HC-KAR NC: 2025:KHC-D:9784 WP No. 105208 of 2025
rights, when such rights are violated. The pettiioner in a private interest litigation cannot contend that the Respondnet No.3 is not qualified. In that view of the matter, placing the submission of Sri.Sunil Desai, learned counsel for respondent No.2 on record, the petition stands disposed. 7. The pending IAs stand dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE
LN List No.: 1 Sl No.: 73