- 1 - HC-KAR NC: 2025:KHC-D:16688-DB WP No. 107396 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. WRIT PETITION NO. 107396 OF 2025 (S-KAT) BETWEEN: SMT. PRASEETHA H. AGED ABOUT 32 YEARS, OCC. ASSISTANT TEACHER AT GOVERNMENT HIGHER PRIMARY SCHOOL, MULLAVALLI, MUNDGOD, R/O. SUBHAS NAGAR, BRUNDAVANA LAYOUT MUNDAGOD, UTTAR KANNADA DISTRICT. …PETITIONER (BY SRI SUNIL S. DESAI, ADVOCATE.) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS IN KARNATAKA, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, BENGALURU - 560 001. 3. THE DIRECTOR (PRIMARY EDUCATION) DEPARTMENT OF PUBLIC INSTRUCTIONS, COMMISSIONER OFFICE, NRUPATHUNGA ROAD, BENGALURU - 560 001. Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.04 11:03:03 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16688-DB WP No. 107396 of 2025 4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, (ADMINISTRATIVE) DEPARTMENT OF SCHOOL EDUCATION AND LITERACY MUNDGOD - SIRSI, UTTAR KANANDA-581349. 5. THE BLOCK EDUCATION OFFICER MUNDGOD SIRSI DIVISION, T.D.B ROAD, MUNDGOD, UTTARA KANANDA DISTRICT - 581 349. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, ADDITIONAL GOVERNMENT ADVOCATE.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI, QUASHING THE IMPUGNED ORDER DATED 04/08/2025, PASSED BY HON’BLE ADMINISTRATIVE TRIBUNAL, BELAGAVI, IN APPLICATION NO.10962/2024, VIDE ANNEXURE-C, AS ARBITRARY AND ILLEGAL AND PASS ANY OTHER ORDER AS THIS HON’BLE COURT DEEMS FIT, IN THE FACTS AND CIRCUMSTANCES OF THE CASE, INCLUDING THE COST OF THIS APPLICATION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS 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 MRS JUSTICE GEETHA K.B. ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) This writ petition filed under Article 226 of the Constitution of India, is by the unsuccessful applicant before - 3 - HC-KAR NC: 2025:KHC-D:16688-DB WP No. 107396 of 2025 the Karnataka State Administrative Tribunal, at Belagavi (for short, tribunal), questioning the order dated 04.08.2025, in Application No.10962/2024, whereunder the petitioner’s challenge to cancellation of her deputation is rejected. 2. Heard learned counsel Sri Sunil Desai, through VC, for the petitioner and Sri Sharad V. Magadum, learned Additional Government Advocate, for the respondents. 3. Learned counsel for the petitioner files an affidavit dated 28.11.2025, which reads as follows: ”Smt. Praseetha H Aged about 32 Years, Occ: Assistant Teacher at Government Higher Primary School, Mullavali, Mundgod, R/o: Subhash Nagar, Brundavana layout Mundagod, Uttara Kannda District, today at Dharwad, do hereby solemnly affirm and state on oath as under; 1. I am the petitioner in the above case; I know the facts and circumstances of the case. Hence, I am swearing this affidavit. 2. I state that, by order dated 26-07- 2024 the respondent continued me in Government Higher Primary School, Mullavalli, Tq- Mundgod as Assistant Teacher. When that - 4 - HC-KAR NC: 2025:KHC-D:16688-DB WP No. 107396 of 2025 being the state of affair, the same was withdrawn by order 05-08-2024 and I have been ordered to be relieved. Being aggrieved by that, I have filed Application.No.10962/2024 before the Hon'ble Karnataka State Administrative Tribunal, Belagavi. The Hon'ble Tribunal was pleased to stay the impugned order, in pursuance of the same; I have continued to work at present place of work. It is thereafter, the Hon'ble Tribunal after hearing both the parties by its order dated 04-08-2025 dismissed my application. The said order I have challenged in the present petition. 3. I submit that, apart from other legal contentions, the impugned order dated 05-08- 2024 is passed during the middle of the academic year. I state that, my son's Chinmay D K and Koushik D K are studying in 7th and 5th Standard at Loyal Kendriya Vidyalaya Mundgod. Hence, if the order is given effect, it will cause great hardship to my children's study, hence I request this Hon'ble Court be pleased to permit me to continue in the present school till the academic year i.e., 10-04-2025, it is thereafter I will report at Government Higher Primary School, Thinayghat, Tq- Joida, Dist-Uttar Kannada.” 4. The petitioner is working as Assistant Teacher at Government Higher Primary School, Mullavali in Mundagod Taluk, on deputation since 2019. The petitioner’s original posting was at Government Higher Primary School, Thinayghat in Joida Taluka of Uttara Kannada District. - 5 - HC-KAR NC: 2025:KHC-D:16688-DB WP No. 107396 of 2025 5. The affidavit filed today by the petitioner indicates that, the petitioner’s children, Kumar Chinmay and Kumar Koushik are studying in 7th and 5th standard respectively at Loyola Kendriya Vidyalaya, Mundagod. Hence, the petitioner prayed that she be permitted to continue to work at the present place of working at Mundagod, till the end of academic year. 6. Since the children of the petitioner are studying at Mundagod, the request of petitioner appears to be reasonable and it would not affect or prejudice any other person that too in the middle of the academic year. Hence, the following: ORDER i) The respondents are directed to permit the petitioner to continue to work at the place of her present posting i.e., Government Higher Primary School, Mullavali in Mundagod Taluk, till 10.04.2026 and on the said date, the - 6 - HC-KAR NC: 2025:KHC-D:16688-DB WP No. 107396 of 2025 petitioner shall get herself relieved and report to duty at the original place of posting in Joida. ii) The petitioner is not entitled to seek for extension of time to continue in the present place of posting. iii) The undertaking of the petitioner that she would report at Government Higher Primary School, Thinayghat in Joida Taluka of Uttara Kannada District, after completion of the academic year, is placed on record. iv) The writ petition stands disposed of accordingly. v) In view of disposal of the petition, pending interlocutory applications, if any, stand disposed of as they do not survive for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE MRK/ CT-CMU LIST NO.: 1 SL NO.: 32