- 1 - HC-KAR NC: 2025:KHC:37388-DB WP No. 2064 of 2025 C/W WP No. 2666 of 2025 WP No. 2844 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 2064 OF 2025 (S-KSAT) C/W WRIT PETITION No. 2666 OF 2025 (S-KSAT) WRIT PETITION No. 2844 OF 2025 (S-KSAT) IN WP No. 2064/2025 BETWEEN: 1. THE STATE OF KARNATAKA, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, M. S. BUILDING, BENGALURU 560001. REP BY ITS PRINCIPAL SECRETARY. 2. THE COMMISSIONER,, DEPARTMENT OF SCHOOL EDUCATION, NRUPATHUNGA ROAD, BENGALURU 560001. 3. THE DEPUTY DIRECTOR AND DISCIPLINARY AUTHORITY, DEPARTMENT OF SCHOOL EDUCATION, TUMAKURU 572 101. …PETITIONERS (BY SRI VIKAS ROJIPURA, AGA) Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37388-DB WP No. 2064 of 2025 C/W WP No. 2666 of 2025 WP No. 2844 of 2025 AND: 1. SMT. VANAJAKAKSHI A., W/O CHANDRASHEKAR, AGED ABOUT 51 YEARS, WORKING AS ASSISTANT TEACHER, SINGANAPALYA, TUMAKURU. R/OF C-7, "INCHARA", VASASVINAGAR, 3RD CROSS, SIRA ROAD, SIRAGATE, TUMAKURU 572 106. PRESENTLY WORKING AS ASSISTANT TEACHER, GOVT. LOWER PRIMARY SCHOOL, SINGANA PALYA, TUMAKURU TALUK 572 103. …RESPONDENT (BY SRI H.V. MANJUNATHA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 24.07.2024 PASSED BY THE KSAT AT BENGALURU IN A.No-2888/2024 VIDE ANNXURE-A ETC. IN WP No.2666/2025 BETWEEN: 1. THE STATE OF KARNATAKA DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, M.S.BUILDING, BENGALURU - 560001. REPRESENTED BY ITS PRINCIPAL SECRETARY. - 3 - HC-KAR NC: 2025:KHC:37388-DB WP No. 2064 of 2025 C/W WP No. 2666 of 2025 WP No. 2844 of 2025 2. THE COMMISSIONER, DEPARTMENT OF SCHOOL EDUCATION, NRUPATHUNGA ROAD, BENGALURU - 560001. 3. THE DEPUTY DIRECTOR AND DISCIPLINARY AUTHORITY DEPARTMENT OF SCHOOL EDUCATION, TUMAKURU - 572101. ...PETITIONERS (BY SRI VIKAS ROJIPURA, AGA) AND: 1. SRI. JAGADEESHA T. N., S/O NAGANNA, AGED ABOUT 48 YEARS, WORKING AS ASSISTANT TEACHER, GOVERNMENT LOWER PRIMARY SCHOOL, BETTA SEETHKAL, OORDIGERE, TUMAKURU TALUK - 572 106. R/AT SIDDESHWARA NILAYA, NEAR 120FT ROAD, BEHIND SANGESHWARA TEMPLE, CHIKKAVEERANAIAH PALYA, SIRA GATE, TUMAKURU - 512 106. ...RESPONDENT (BY SRI H.V. MANJUNATHA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 24/07/2024 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BENGALURU IN APPLICATION NO.2891/2024 VIDE ANNEXURE- A. - 4 - HC-KAR NC: 2025:KHC:37388-DB WP No. 2064 of 2025 C/W WP No. 2666 of 2025 WP No. 2844 of 2025 IN WP No.2844/2025 BETWEEN: 1. THE STATE OF KARNATAKA, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, M.S.BUILDING, BENGALURU - 560001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE COMMISSIONER, DEPARTMENT OF SCHOOL EDUCATION, NRUPATHUNGA ROAD, BENGALURU - 560001. 3. THE DEPUTY DIRECTOR AND DISCIPLINARY AUTHORITY DEPARTMENT OF SCHOOL EDUCATION, TUMAKURU - 572101. ...PETITIONERS (BY SRI VIKAS ROJIPURA, AGA) AND: 1. SMT. NIRMALA N.C., W/O H. B. LINGARAJU, R/O OF HIREHALLI, MITRA LAYOUT, TUMKARU TALUK AND DISTRICT - 572 104 PRESENTLY WORKING AS ASSISTANT TEACHER, GOVT. LOWER PRIMARY SCHOOL, SANGAPURADAHATTI, TUMAKURU TALUK - 572 106. ...RESPONDENT (BY SRI H.V. MANJUNATHA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 24/07/2024 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BENGALURU IN APPLICATION No.2890/2024 VIDE ANNEXURE- A. THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:37388-DB WP No. 2064 of 2025 C/W WP No. 2666 of 2025 WP No. 2844 of 2025 CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) In the above three writ petitions, the State by Education Department, is before this Court under Article 226 of the Constitution of India questioning the order dated 24.07.2024 in Application Nos.2888/2024, 2891/2024 and 2890/2024 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short 'the Tribunal'), where under, the posting order given to the respondents on different dates were quashed. 2. Heard Sri. Vikas Rojipura, learned Additional Government Advocate for the petitioners-State and Sri. H.V.Manjunatha, learned counsel for the respondents, and perused the entire writ petition papers. 3. The respondents were suspended from service by orders dated 05.01.2024, 20.04.2024 and 17.04.2024 and the second petitioner-the Commissioner took decision to revoke the suspension of the respondents under Official Memorandum dated 21.05.2024 with a condition that the respondents shall - 6 - HC-KAR NC: 2025:KHC:37388-DB WP No. 2064 of 2025 C/W WP No. 2666 of 2025 WP No. 2844 of 2025 be posted to 'C' zone where there are more than 25% of the vacancies available and that to in the Government Higher Primary School. Contrary to the said conditions, the third petitioner provided posting to the respondents on 28/30.05.2024 to different Government Lower Primary Schools in 'C' zone, where there are less than 25% of the vacancies. Thereafter, on complaint, the second petitioner under order dated 21.06.2024 directed the third petitioner to cancel the posting given to the respondents and to rectify the mistake and to provide posting in terms of the conditions laid down in memorandum dated 21.05.2024. Taking note of the said direction, impugned orders are issued on 26.06.2024 to all the respondents. Questioning the said reposting order, the respondents were before the Tribunal. The Tribunal, under impugned orders, allowed the application of the respondents by setting aside the order of reposting. Aggrieved by the same, the State is before this Court. 4. Sri. Vikas Rojipura, learned Additional Government Advocate would contend that the Tribunal without taking note of posting of the respondents to 'C' zone and to the vacant - 7 - HC-KAR NC: 2025:KHC:37388-DB WP No. 2064 of 2025 C/W WP No. 2666 of 2025 WP No. 2844 of 2025 post, allowed the application and quashed the impugned reposting order. Learned Additional Government Advocate would further submit that the Tribunal failed to take note of the fact that while revoking the order of suspension of the respondents, the second petitioner had directed to post such teachers to 'C' zone where there are more than 25% of the vacancies in Government Higher Primary Schools. 5. On the other hand, Sri. H.V.Manjunatha, learned counsel for the respondents would support the orders passed by the Tribunal and contends that the respondents were rightly given posting in 'C' zone schools where there were more vacancies. 6. We have considered the contentions of learned counsels for the parties and we are of the view that the Tribunal committed grave error in setting aside the reposting order issued by the petitioners. The condition on which the suspension of the respondents were revoked was that the reposting shall be to a Higher Primary School in a 'C' block where more than 25% of the vacancies existed. Though respondents are given posting in 'C' zone school, they were not - 8 - HC-KAR NC: 2025:KHC:37388-DB WP No. 2064 of 2025 C/W WP No. 2666 of 2025 WP No. 2844 of 2025 provided posting in 'C' zone where there were more than 25% of the vacancies. Learned Additional Government Advocate rightly pointed out that in reposting order, the respondents are given posting where there are higher percentage of the vacancies. The mistake committed while giving posting on revocation of suspension is rectified subsequently on 26.06.2024, which is in accordance with law. 7. During the course of hearing, this Court directed the Secretary to Government, Education Department, to file affidavit as to the action taken against the concenred DDPI and if not taken, to explain as to why action against the erring officer is not yet initiated. In terms of the said directions, the Principle Secretary to Government, Department of School Education and Literacy has filed affidavit dated 18.09.2025 enclosing the Charge Memo issued to the concerned officer dated 16.09.2025 under Rule 11 of the KCS CCA Rules, 1957. The same is taken on record. 8. Today, this Court has disposed of identical writ petition in Writ Petition No.21062/2024 and the reasons stated therein would also apply to the present order. - 9 - HC-KAR NC: 2025:KHC:37388-DB WP No. 2064 of 2025 C/W WP No. 2666 of 2025 WP No. 2844 of 2025 9. In view of the above, the present writ petitions are allowed and order dated 24.07.2024 in Application Nos.2888/2024, 2891/2024 and 2890/2024 passed by the Karnataka State Administrative Tribunal at Bengaluru, are hereby set aside. 10. The petitioners-State authorities shall permit the respondents to report to duty in terms of the reposting order, if not already reported, within 15 days from the date of uploading of this order in the official website of the High Court of Karnataka. Pending I.A's if any, stands disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 0