- 1 - HC-KAR NC: 2025:KHC:54235-DB WP No. 36969 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 36969 OF 2025 (S-KSAT) BETWEEN: SMT. BHAGYALAKSHMI M.L., W/O DR. SUHAS B.M, AGED ABOUT 49 YEARS, ASSISTANT TEACHER (MATHS), GOVERNMENT JUNIOR COLLEGE FOR BOYS, RAMANAGARA TOWN, RAMANAGARA TALUK, RAMANAGARA DISTRICT - 562 159. R/AT NO 005, SATTVA ANUGRAHA, SOMANAHALLI, AMAGADI ROAD, BENGALURU - 560 079. …PETITIONER (BY SRI. A. NAGARAJAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, 2ND GATE, 6TH FLOOR, M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI, BANGALORE - 560 001. Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:54235-DB WP No. 36969 of 2025 2. THE COMMISSIONER, COMMISSIONERATE OFFICE, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, NEW PUBLIC OFFICE, NRUPATUNGA ROAD, K.R.CIRCLE, BANGALORE - 560 001. 3. THE DEPUTY DIRECTOR, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, BENGALURU SOUTH DISTRICT, ZILLA PANACHAYATH OFFICE, RAMANAGARA - 562 159. …RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN ORDER OR DIRECTION OR WRIT IN THE NATURE OF WRIT OF CERTIORARI TO SET- ASIDE THE ORDER OF THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU DATED 17.11.2025 MARKED AT ANNEXURE-A IN APPLICATION NO.4694/2025 AND GRANT INTERIM PRAYER AS PRAYED FOR STAYING THE OFFICIAL MEMORANDUM DATED 04.11.2025 IN NO.DPI-CPIOC4- 1(EXHS)/9/2025/E-1918546 ISSUED BY THE 2ND RESPONDENT MARKED AT ANNEXURE-A6 OF ANNEXURE-B. - 3 - HC-KAR NC: 2025:KHC:54235-DB WP No. 36969 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE T.M.NADAF) This petition is by the applicant before the Karnataka State Administrative Tribunal at Bengaluru ['Tribunal' for short] in Application No.4694/2025 under Articles 226 and 227 of Constitution of India, calling in question the order dated 17.11.2025. The Tribunal by the order impugned declined to grant interim order sought in the application. 2. The parties are referred to as per their rankings before the Tribunal. 3. The brief factual matrix leading to the filing of this petition are as under: - 4 - HC-KAR NC: 2025:KHC:54235-DB WP No. 36969 of 2025 The petitioner with M.Sc, M.Ed was initially appointed on 04.07.2007 as Assistant Master, High School (PCM-Kannada) and posted to Government High School, Kabbur, Davanagere on 20.07.2010. The petitioner was transferred to Ramanagara to the post held by the petitioner earlier to the transfer order. The third respondent on 09.09.2025 has published counselling time table scheduled for transfer of excess teachers. Accordingly the counselling date was scheduled on 12.09.2025. The Department of School Education, Karnataka has published teacher transfer 2024-2025 final priority list of existing teachers within district. In the said list, the name of the petitioner was at the serial number 11. So far as Ramanagar Taluk is concerned, one PCM Kannada medium post was shown vacant, but there are two teachers including petitioner and one - 5 - HC-KAR NC: 2025:KHC:54235-DB WP No. 36969 of 2025 Smt.Vijayalakshmi, whose name finds place at Serial Number 10. The said Vijayalakshmi opted for the post PCM-Kannada Medium left in the Ramanagar Taluk. 4. It is the case of the applicant that she could not attend the counselling scheduled, as her father expired a day before i.e., on 11.09.2025. A dummy counselling came to be held by the Department and the applicant was transferred to the left over place i.e., Kabbur, Magadi Taluk, which is situated at a distance of 50 kilometres from Bengaluru. In the facts and circumstances the petitioner was not given any opportunity to choose place in the counselling. 5. On 19.09.2025, the petitioner had submitted a representation to the Commissioner, Department of School Education, Bengaluru, requesting to conduct re-counselling with respect to the petitioner and permit her to choose her place. It - 6 - HC-KAR NC: 2025:KHC:54235-DB WP No. 36969 of 2025 is the further contention of the applicant that since she has crossed 50 years, as per the existing rules, she should not have been declared as an excess teacher. The second respondent on 04.11.2025 has issued an Official Memorandum, rejecting the request of the applicant. Aggrieved by the rejection of request, the applicant approached the Tribunal in Application No.4694/2025 seeking for interim order, to stay the Official Memorandum dated 04.11.2025 issued by the second respondent and direct the respondents to consider her representation dated 16.09.2025 to re- do the counselling and permit her to choose a place in the counselling. The Tribunal upon hearing the parties before it declined to pass any interim order and posted the matter for reply statement by the Government. It is this order passed by the Tribunal is called in question in the present petition, on the main prayer as well as interim prayer before the Tribunal. - 7 - HC-KAR NC: 2025:KHC:54235-DB WP No. 36969 of 2025 6. Heard Sri.A.Nagarajappa, learned counsel for petitioner and Sri.Vikas Rojipura, learned Additional Government Advocate for respondents. 7. Sri.Nagarajappa, with all fairness submits that subsequent to order rejecting her representation, the applicant has reported to transferred place at GJC, Ramanagar Boys School. He further submits that notwithstanding her report to the place shown in the counselling, the respondent be directed to re-do the counselling in the factual situation which is due to unforeseen event happened, by considering the case of the applicant for counselling. 8. Sri.Vikas Rojipura submits that the Department has already conducted counselling and holding counselling for single person, subsequent to the counselling scheduled at the earlier is not permissible. However, the learned Additional Government Advocate, with all fairness, submits in the peculiar facts and circumstances of the case, if - 8 - HC-KAR NC: 2025:KHC:54235-DB WP No. 36969 of 2025 any vacancy is available in and around the earlier place of posting, the petitioner is at liberty to make representation before the authorities to consider the same in accordance with law. 9. Having considered the rival submissions and the subsequent event of the applicant reporting to the transferred place, this petition is disposed of with the following observations: (i) Notwithstanding the applicant reporting to the place of transfer, the Tribunal to consider the application in the peculiar facts and circumstances of the case regarding the absenteeism of the applicant on the counselling schedule. (ii) The applicant is at liberty to make appropriate representation before the State Authorities regarding the vacant post available in Bengaluru, or in and around the earlier posting, prior to transfer order. - 9 - HC-KAR NC: 2025:KHC:54235-DB WP No. 36969 of 2025 (iii) The Tribunal shall either consider the application in the light of peculiar facts and circumstances of the case stated supra directing the respondents to hold counselling for the applicant or to consider her case for accommodating in the post vacant in and around the earlier place of posting within Bengaluru. In view of disposal of the Writ Petition, pending I.A's if any stand disposed of. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (T.M.NADAF) JUDGE RR List No.: 1 Sl No.: 6 ct-vn