- 1 - HC-KAR NC: 2025:KHC:26188-DB WP No. 10805 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO.10805 OF 2024 (S-KSAT) BETWEEN: DR. AMULYA D MEUNDI W/O DR. SUBRAMNAYA, AGED ABOUT 47 YEARS, RESIDING AT NO.695/1 15TH CROSS, 100 FT RING ROAD, J.P. NAGAR, BENGALURU 560 078. PREVIOUSLY WORKING AS: SENIOR DENTAL HEALTH OFFICER, GOVERNMENT DENTAL COLLEGE AND RESEARCH CENTER, FORT ROAD, BENGALURU 560 001. …PETITIONER (BY SRI. ASHOK HARANAHALLI, SR. COUNSEL FOR SRI. M. C. NAGASHREE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, VIKAS SOUDHA, BENGALURU 560 001. Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26188-DB WP No. 10805 of 2024 2. THE COMMISSIONER DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, AROGYA SOUDHA, MAGADI ROAD, BENGALURU 560 026. 3. THE CHIEF ADMINISTRATIVE OFFICER DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, AROGYA SOUDHA MAGADI ROAD, BENGALURU 560 026. 4. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, BENGALURU URBAN DISTRICT, BENGALURU 560 038. 5. THE ADMINISTRATIVE MEDICAL OFFICER JAYANAGARA GENERAL HOSPITAL, JAYANAGARA, BENGALURU 560 041. 6. DR. NITHYAJA B W/O OF DR KIRAN KUMAR, AGED ABOUT 46 YEARS, WORIING SPECIALIST (MDS), CHIEF DENTAL HEALTH OFFICER, GENERAL HOSPITAL OFFICER, GENERAL HOSPITAL JAYANAGAR, BENGALURU 560 041. …RESPONDENTS (BY SRI. REUBEN JACOB, AAG A/W - 3 - HC-KAR NC: 2025:KHC:26188-DB WP No. 10805 of 2024 SRI. B. RAVINDRANATH, AGA FOR R1 TO R5; SRI. V.R. SARATHY, ADV. FOR R6) THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 15/03/2024 PASSED BY THE HON’BLE KAT IN APPLICATION NO.3806/2023 AND ALLOW THE PRESENT APPEAL. 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 T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioner is before this Court aggrieved by allowing of Application No.3806 of 2023, by order dated 15.03.2024, by the Karnataka State Administrative Tribunal, Bengaluru (for short ‘Tribunal’) quashing the order of transfer dated 24.08.2023 (Annexure-B), where under the petitioner was transferred from the Government Dental College and Research Institute, Bangalore to - 4 - HC-KAR NC: 2025:KHC:26188-DB WP No. 10805 of 2024 Jayanagar General Hospital as Senior Dental Medical Officer in place of respondent no.6 herein. 2. Respondent no.6 approached the Tribunal in the aforesaid application, contending that the transfer has taken place without counseling, contrary to the Karnataka State Civil Services (Regulation of Transfer of Medical Officers and Other Staff) Act, 2011 and Rules 2011 (for short ‘Rules 2011’). The Tribunal, under impugned order, quashed the transfer notification dated 24.08.2023, insofar as the petitioner and respondent no.6 are concerned. Questioning the same, respondent no.6 before the Tribunal is before this Court in this writ petition. 3. Heard learned Senior Counsel Sri.Ashok Haranahalli, for Smt.M.C.Nagarashree, learned counsel for the petitioner. Learned AAG, Sri.Reuben Jacob, along with learned AGA Sri.B.Ravindranath, for Respondent Nos.1 to 5 and Sri.V.R.Sarathy, learned counsel for respondent No.6. - 5 - HC-KAR NC: 2025:KHC:26188-DB WP No. 10805 of 2024 4. Learned Senior Counsel for the petitioner would submit, among other grounds that the petitioner after the Tribunal’s order under O.M. dated 18.05.2024 was given posting as a Dental Medical Officer, District Hospital Madikeri and she is working at Madikeri for last one year. 5. Further, the Learned Senior Counsel would submit that the petitioner had no opportunity to participate in the regular counseling, he requests for an opportunity to the petitioner to participate in the transfer counseling for the year 2025-26. 6. Learned AAG, Sri.Ruben Jacob would submit that the process of transfer counseling is already completed for the year 2025-26. Further, the learned counsel would submit that the transfer shall have to be effected in terms of Karnataka State Civil Services (Regulation of Transfer of Medical Officers and Other Staff) Rules, 2025 (for short ‘Rules of 2025’) as such the petitioner would not be entitled for any relief. - 6 - HC-KAR NC: 2025:KHC:26188-DB WP No. 10805 of 2024 7. The Tribunal rightly set-aside the transfer of petitioner – respondent No.6 effected under notification dated 24.08.2023 (Annexure-B) on the ground that the transfer was without conducting counseling. Subsequently, counseling was conducted insofar as the petitioner was concerned and under O.M. dated 18.05.2024, the petitioner was posted as Dental Medical Officer, District Hospital Madikeri, where the petitioner is working for the past one year. 8. In the meanwhile, 2011 Rules is replaced by 2025 Rules. For the present, 2025 Rules are prevailing in respect of transfers of Medical Officers And Other Staff Of Health And Family Welfare Department. Moreover, as submitted by the learned AAG counseling process for transfer for the 2025-26 has already been completed. Therefore, the question of providing opportunity to the petitioner to participate in the counseling would not arise. - 7 - HC-KAR NC: 2025:KHC:26188-DB WP No. 10805 of 2024 9. In the aforesaid circumstances, it is open for the petitioner to submit representation to the State Government and if the petitioner is eligible for transfer in accordance with Rules of 2025, the State to consider and pass appropriate orders in accordance with law. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE JJ List No.: 1 Sl No.: 26