- 1 - HC-KAR NC: 2025:KHC:29772 WP No. 8666 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO.8666 OF 2023 (S-RES) BETWEEN: 1. SHRUTHI R.D., W/O GANGARAJU S, AGED ABOUT 40 YEARS, WORKING AS PROJECT OFFICER (EDUCATION), KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY, BENGALURU, (AN ORGANIZATION OF GOVT. OF KARNATAKA), R/AT NO.E1, 5TH FLOOR, ELITE VISTA APARTMENT, 13TH MAIN ROAD, 4TH ‘T’ BLOCK, JAYANAGARA, BENGALURU-560011. …PETITIONER (BY SRI. GIRISHA T.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINICIPAL SECRETARY, DEPARTMENT OF SOCIAL WELFARE, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE ADDITIONAL SECRETARY, DEPARTMENT OF SOCIAL WELFARE, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29772 WP No. 8666 of 2023 3. KARNATAKA RESIDENTIAL EDUCATION INSTITUTION SOCIETY, REPRESENTED BY ITS EXECUTIVE DIRECTOR, KMF BUILDING, CUNNINGHAM ROAD, BENGALURU-560052. …RESPONDENTS (BY SRI. SIDHARTH BABURAO, AGA FOR R1 AND R2; SRI. SRIDHAR PRABHU, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GOVERNMENT ORDER DATED 06.04.2023 IN NO.SAKAE-MDS/46/2023 BENGALURU, PASSED BY 1ST RESPONDENT AND OFFICIAL MEMO DATED 11.04.2023 IN NO.E59151 KREIS/EST/SL/29/2023-ADMN PASSED BY THE 3RD RESPONDENT VIDE ANNEXURE-G AND H RESPECTIVELY AND TO ISSUE A CONSEQUENTIAL DIRECTION TO THE RESPONDENT TO CONTINUE THE PETITIONER PROJECT OFFICER (EDUCATION) IN THE OFFICE OF KARNATAKA RESIDENTIAL INSTITUTION SOCIETY, BENGALURU, TILL THE COMPLETION OF HER TENURE. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER In this writ petition, the petitioner has called in question the order dated 06.04.2023 passed by respondent No.1 and also the order dated 11.04.2023 passed by respondent No.3 produced as Annexures-G and H, respectively, whereby the petitioner has been posted as Principal to Morarji Desai Residential School, Doddabadanagere, Kanakapura Taluk, Ramanagara District. - 3 - HC-KAR NC: 2025:KHC:29772 WP No. 8666 of 2023 2. The petitioner was appointed as Principal on 31.05.2012 in respondent No.3 institution. Thereafter, the petitioner has been transferred to the post of Project Officer (Planning) in the office of the Karnataka Residential Education Institution Society vide impugned order at Annexure-C on 08.09.2022. Thereafter, vide impugned order at Annexure-H, she has been posted to the post of Principal in Morarji Desai Residential School, Doddabadanagere, Kanakapura Taluk, Ramanagara District. Being aggrieved by the impugned order at Annexure-H, the petitioner is before this Court. 3. The learned counsel for the petitioner has contended that the petitioner has been posted as a Project Officer on 08.09.2022. Before completion of her tenure of two years, by the impugned order, she has been posted as Principal of Morarji Desai Residential School, Doddabadanagere, Kanakapura Taluk, Ramanagara District. The same is in violation of transfer guidelines issued by the State Government. Hence, the petitioner sought for allowing of the writ petition. 4. The learned counsel for respondent No.3 and the learned Additional Government Advocate for respondent Nos.1 - 4 - HC-KAR NC: 2025:KHC:29772 WP No. 8666 of 2023 and 2 have submitted that the petitioner was appointed as Principal. By order dated 08.09.2022, she has been posted as Project Officer. Pursuant to the direction issued by the Apex Court in Civil Appeal No.5659/2007, this Court in W.P.No.27252/2011, has directed the Government to withdraw the Teachers, Lecturers, Professors and Principals, who are working on deputation in other department other than educational institutions in the best interest of the students. On the basis of the directions issued by the Apex Court, the impugned order Annexure-H has been passed. They further contended that by 11.06.2024, the petitioner has already completed the tenure of two years. 5. In reply, the learned counsel for the petitioner has contended that as on the date of passing of the impugned order, the petitioner had not completed her term of two years. Therefore, the impugned order of transfer is premature and contrary to the transfer guidelines. In support of his contentions, he has relied on the judgment of this Court passed in W.P.No.28507/2009 disposed of on 19.01.2010. 6. Heard the learned counsel for the parties. Perused the writ papers. - 5 - HC-KAR NC: 2025:KHC:29772 WP No. 8666 of 2023 7. It is not in dispute that the petitioner was appointed as Principal on 31.05.2012 in respondent No.3 institution. It is also not in dispute that by order dated 08.09.2022 vide Annexure-C, the petitioner has been transferred as Project Officer for Planning in Karnataka Residential Education Institution Society, Bengaluru. The Apex Court in Civil Appeal No.5659/2007 disposed of on 06.12.2007 has directed as follows: “We therefore, direct that all teaching staff shall be out on the duties of roll revisions and election works on holidays and non-teaching days Teachers should not ordinarily be put on duty on teaching days and within teaching hours Non-teaching, staff, however, may be put on such duties on any day or at any time, if permissible in law.” 8. Pursuant to the order passed by the Apex Court, this Court in W.P.No.27252/2011 disposed of on 22.07.2011, has directed the State Government. The relevant portion is extracted hereinbelow: “…..We direct the Government to withdraw the teachers, Lecturers, professors and principals, who are working on deputation in other department other than Educational Institutions in the best - 6 - HC-KAR NC: 2025:KHC:29772 WP No. 8666 of 2023 interest of the students and the Educational Institutions to get better results in institutions and Government Aided Institutions……..” 9. In view of the direction issued by the Apex Court, the impugned order has been passed. The petitioner who has been appointed as a teacher, who has been posted to non- teaching post, has been withdrawn and posted as Principal in Morarji Desai Residential School, Doddabadanagere, Kanakapura Taluk, Ramanagara District vide Annexure-H dated 11.04.2023. Therefore, there is no illegality or error in the order passed by the respondents and also by 11.06.2024, the petitioner has completed her term of two years on the basis of the interim order passed by this Court. On this ground also, the petition will not survive for consideration. Hence, the writ petition is dismissed. All the pending applications are disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE MD List No.: 1 Sl No.: 33