- 1 - HC-KAR NC: 2025:KHC:30257 WP No. 21213 of 2025 C/W WP No. 12934 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 21213 OF 2025 (S-RES) C/W WRIT PETITION NO. 12934 OF 2022 (S-RES) IN WP No. 21213/2025 BETWEEN: SRI MANJUNATHA D B S/O BOREGOWDA AGED ABOUT 41 YEARS WORKING AS AN PHYSICAL EDUCATION TEACHER R/O DABBEGHATTA TURUVEKERE TALUK TUMKUR DIST-572227. …PETITIONER (BY SRI. JAGDISH SHASTRI., ADVOCATE) AND: 1. THE SECRETARY SOCIAL WELFARE DEPARTMENT STATE OF KARNATAKA VIKAS SOUDHA, BENGALURU-01. 2. KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTION SOCIETY (ITS UNDER TAKING GOVT) REP. BY ITS EXECUTIVE DIRECTOR KARNATAKA STATE CO OPERATIVE BOARD BUILDING 6 AND 7 FLOOR NEAR CHANDRIKA HOTEL CUNNINGHAM ROAD BANGALORE-560052. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30257 WP No. 21213 of 2025 C/W WP No. 12934 of 2022 3. THE DEPUTY DIRECTOR SOCIAL WELFARE DEPARTMENT HASSAN HASSAN DISTRICT-573201. 4. THE PRINCIPAL 767-DR B R AMBEDKAR RESIDENTIAL SCHOOL (SC-CO EDN) SHANTHIGRAMA, HASSAN TALUK HASSAN DIST-573220. 5. KUMAR D S/O DEVARAJU GOWDA AGED ABOUT 31 YEARS WORKING AS GUEST TEACHER AS PHYSICAL EDUCATION TEACHER DR. B R AMBEDKAR RESIDENTIAL SCHOOL SHANTHIGRA, HASSAN TALUK HASSAN DISTRICT-573201. …RESPONDENTS (BY SRI. VIKAS R, AGA FOR R1, R3 & R4: SRI. SIDDARTH BABU RAO, ADVOCATE FOR R2: SRI.RAJESH SHETTIGAR, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO ALLOW THE PETITIONER TO PERFORM THE STATUTORY DUTY AS PER THE TRANSFER ORDER MADE IN THE COUNSELING DATED: 30.06.2025 AND ISSUED THE IMPUGNED ORDER BEARING NO. KREIS/ADMN/TRSR/7/2025-ADMN-209-10 DATED: 7.07.2025 BY THE R-2 VIDE ANNEXURE-D TO THE PETITIONER AND ETC. - 3 - HC-KAR NC: 2025:KHC:30257 WP No. 21213 of 2025 C/W WP No. 12934 of 2022 IN WP NO. 12934/2022 BETWEEN: KUMAR D S/O DEVARAJU GOWDA AGED ABOUT 29 YEARS GUEST TEACHER DR B R AMBEDKAR RESIDENTIAL SCHOOL SHANTHINGRAMA HASSAN TALUK AND DISTRICT 573201 ...PETITIONER (BY SRI. RAJESHA SHETTIGARA., ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE 560001. 2. THE STATE OF KARNATAKA REP BY PRINCIPAL SECRETARY UNDER SECRETARY GRADE I DEPARTMENT OF SOCIAL WELFARE M S BUILDING, BANGALORE 560001. 3. THE STATE OF KARNATAKA REP BY UNDER SECRETARY TO GOVERNMENT DEPARTMENT OF SOCIAL WELFARE M S BUILDING, BANGALORE 560001. 4. THE EXECUTIVE DIRECTOR KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY AN ORGANIZATION OF SOCIAL WELFARE DEPARTMENT CUNNINGHAM ROAD BANGALORE 560001. - 4 - HC-KAR NC: 2025:KHC:30257 WP No. 21213 of 2025 C/W WP No. 12934 of 2022 5. THE SECRETARY SOCIAL WELFARE DEPARTMENT VIKASA SOUDHA, BANGALORE 560001. 6. THE SECRETARY KARNATAKA PUBLIC SERVICE COMMISSION PARK HOUSE ROAD BANGALORE 560001 7. DEPUTY DIRECTOR SOCIAL WELFARE DEPARTMENT AMBEDAKR BHAVAN HASSAN DISTRICT HASSAN 573201. 8. THE PRINCIPAL DR B R AMBEDKAR RESIDENTIAL SCHOOL SHANTHIGRASMA HASSAN TALUK AND DISTRICT 573201 ...RESPONDENTS (BY SRI. VIKAS R, AGA FOR R1 TO R3 & R5 TO R8: SRI NAGAIAH, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DATED: 23.06.2017 BEARING NO.R(2) 1084/17-18 PSC ISSUED BY THE R6 VIDE ANNEXURE- E IN RESPECT OF PT TEACHER POST AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD - 5 - HC-KAR NC: 2025:KHC:30257 WP No. 21213 of 2025 C/W WP No. 12934 of 2022 ORAL ORDER IN WP NO.21213/2025 1. In this writ petition, the petitioner has called in question the order dated 07.07.2025 passed by respondent No.2 vide Annexure-G, whereby the petitioner has been transferred from 161-Morarji Desai Residential School Nuggehalli, Channarayapatna Taluk, Hassan, to 148-Morarji Desai Residential School, Kandali, Hassan Taluk, Hassan. 2. The case of the petitioner is that he was appointed as a Physical Education Teacher in respondent No.2 by appointment order dated 05.06.2012 vide Annexure-A. Thereafter, by order dated 07.07.2025 vide Annexure-D passed by respondent No.2, the petitioner has been transferred from 161-Morarji Desai Residential School Nuggehalli, Channarayapatna Taluk, Hassan, to 767- Dr.B.R.Ambedkar Residential School, Shanthigrama, Hassan Taluk, Hassan. Again on the very same day, - 6 - HC-KAR NC: 2025:KHC:30257 WP No. 21213 of 2025 C/W WP No. 12934 of 2022 Annexure-D dated 07.07.2025 has been modified and impugned order dated 07.07.2025 vide Annexure-G has been passed by respondent No.2, wherein the petitioner has been transferred from 161-Morarji Desai Residential School Nuggehalli, Channarayapatna Taluk, Hassan, to the 148-Morarji Desai Residential School, Kandali, Hassan Taluk, Hassan. Being aggrieved by the same, the present petition is filed. 3. The learned counsel appearing for the respondent No.5 submits that respondent No.5 is working as a Guest Lecturer in 767-Dr.B.R.Ambedkar Residential School, Shanthigrama, Hassan Taluk, Hassan. In view of the order dated 07.07.2025 vide Annexure-D, the petitioner has been displaced from the said place. Therefore, the earlier transfer order at Annexure-D has been modified and impugned order at Annexure-G has been passed by the respondent No.2. - 7 - HC-KAR NC: 2025:KHC:30257 WP No. 21213 of 2025 C/W WP No. 12934 of 2022 4. The learned AGA appearing for respondents-State submits that in similar circumstances, this Court in WP No.200013/2025 (Kalaburagi Bench) disposed off on 05.02.2025 as held that the permanent teacher cannot be sent from pillar to post and a guest teacher, who has no substantive right has to make way for the permanent teacher. The relevant paragraph-9 of the said order is relevant, which reads thus: “9. No doubt, till date there is no recruitment undertaken by the respondent No.1. Nonetheless, the petitioner was posted against the post of Social Science teacher at the respondent No.2, but was again transferred on 23.12.2024 only to accommodate respondent No.3, who had filed a contempt petition against the respondent No.1. In that view of the matter, the petitioner being a permanent teacher cannot be sent from pillar to post and a guest teacher, who has no substantive right has to make way for the petitioner. In view of the submission of the learned counsel for respondent Nos.1 and 2 that the respondent No.3 will be - 8 - HC-KAR NC: 2025:KHC:30257 WP No. 21213 of 2025 C/W WP No. 12934 of 2022 accommodated at Bhalki, this writ petition deserves to be disposed off on the following terms: (i) This writ petition is allowed. (ii) The impugned order dated 23.12.2024 issued by the respondent No.1 transferring the petitioner from Morarji Desai Residential School (353), Hulsoor, Basavakalyan, Bidar District to Morarji Desai Residential School (BC-502), Bhalki, Bidar District is set aside. Consequently, the petitioner is permitted to continue as Social Science teacher at Morarji Desai Residential School (353), Hulsoor, Basavakalyan, Bidar District. (iii) Respondent No.1 is directed to continue the services of respondent No.3 at Morarji Desai Residential School (BC-502), Bhalki, Bidar District until the post is filled up through regular recruitment process.” 5. The learned counsel appearing for respondent No.2 submits that the respondent No.5 will be posted to 148- - 9 - HC-KAR NC: 2025:KHC:30257 WP No. 21213 of 2025 C/W WP No. 12934 of 2022 Morarji Desai Residential School, Kandali, Hassan Taluk, Hassan. 6. In view of the above, the following order is passed: ORDER a) The writ petition is allowed. b) The order dated 07.07.2025 passed by respondent No.2 vide Annexure-G, transferring the petitioner from 161-Morarji Desai Residential School Nuggehalli, Channarayapatna Taluk, Hassan, to 148- Morarji Desai Residential School, Kandali, Hassan Taluk, Hassan, is hereby quashed. c) The petitioner is permitted to continue his service at 767-Dr.B.R.Ambedkar Residential School, Shanthigrama, Hassan Taluk, Hassan. d) The respondent No.2 is directed to post respondent No.5 at 148-Morarji Desai Residential School, Kandali, Hasasn Taluk, Hassan, within two weeks from the date of receipt of copy of this order. All pending I.As., if any are disposed of. - 10 - HC-KAR NC: 2025:KHC:30257 WP No. 21213 of 2025 C/W WP No. 12934 of 2022 IN WP No.12934/2022 1. In this writ petition, the petitioner has sought for the following reliefs: i) Issue writ in the nature of certiorari or any other writ, order or direction and quash the notification dated 23/06/2017 bearing No. R(2) 1084/17-18/PSC issued by the respondent No. 6 vide ANNEXURE- E in respect of PT Teacher post. (ii) Issue writ in the nature of mandamus or any other writ order or direction, directing the respondents to frame C & R rules and regulations for the colleges/school newly established by the respondent No.4. (iii) Issue writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondents to extend the benefit of service weightage and to relaxation of age or to regularize their service of job to the petitioner appointed on contract basis in the interest of justice. - 11 - HC-KAR NC: 2025:KHC:30257 WP No. 21213 of 2025 C/W WP No. 12934 of 2022 (iv) Issue any other writ or direction in the nature of writ which this Hon'ble court may deem fit in the facts and circumstances of the above case in the interest of justice. 2. The learned AGA appearing for the respondents-State submits that this issue has been covered by a decision of this Court passed in W.P.No.8442/2020 and connected matters disposed of on 04.07.2022. 3. The same has not been disputed by the learned counsel appearing for the petitioner. 4. The learned AGA further submits that in respect of similarly situated persons, this Court in W.P.No.7047/2023 and connected matters disposed of on 21.02.2024 has directed the respondents to continue the services of the petitioners as Teachers/Lecturers till regular recruitment is conducted in accordance with the Karnataka Residential Educational Institutions Society (Cadre & Recruitment) (Amendment) Regulations, 2021. - 12 - HC-KAR NC: 2025:KHC:30257 WP No. 21213 of 2025 C/W WP No. 12934 of 2022 7. In view of the above, the writ petition is disposed of in terms of the order passed in W.P.No.8442/2020 disposed of on 04.07.2022. 8. The respondents are directed to continue the services of the petitioners as teachers at 148-Morarji Desai Residential School, Kandali, Hassan Taluk, Hassan, till regular recruitment is conducted in accordance with the Karnataka Residential Educational Institutions Society (Cadre & Recruitment) (Amendment) Regulations, 2021. 9. All pending I.As., if any, are disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 16