- 1 - HC-KAR NC: 2025:KHC:43653 WP No. 728 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 728 OF 2022 (S-RES) BETWEEN: SRI SHAKER.P S/O LATE PUTTARAJU V R AGED ABOUT 48 YEARS No.15, SHEELAMARGHA SIDDHARTHA LAYOUT MYSURU - 570011 …PETITIONER (BY SRI. NAGARAJ D., ADV.) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY MEDICAL EDUCATION DEPARTMENT VIDHANA SOUDHA BENGALURU - 560001 2. THE DIRECTOR RAICHUR INSTITUTION OF MEDICAL SCIENCE RAICHUR - 584102 Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43653 WP No. 728 of 2022 3. THE DIRECTOR AND DEAN MYSORE MEDICAL COLLEGE AND RESEARCH INSTITUTE IRWIN ROAD MYSORE - 570001 …RESPONDENTS (BY SMT. B.SUKANYA BALIGA, AGA FOR R1; SRI. GURURAJ JOSHI, ADV. FOR R2 & SRI. CHANDRANATH R. GOULAY, ADV. FOR R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA RAYING TO QUASH THE ORDER DTD 22.12.2021 PASSED BY THE R-3 INSTITUTION VIDE ANNX-Y, QUASH THE GENERAL BODY MEETING PROCEEDINGS OF THE R-2 HELD ON 05.07.2011 IN SO FAR AS ITS DECISION ON ITEM NO.20 WHEREIN IT HAS RESOLVED TO DEMOTE THE PETITIONER FROM THE POST OF FIRST DIVISION ASSISTANT TO THE POST OF SECOND DIVISION ASSISTANT VIDE ANNX-K, AND CONSEQUENTLY QUASH THE OFFICIAL MEMORANDUM DTD 14.03.2012 ISSUED BY THE R-2 DEMOTING THE PETITIONER FROM THE POST OF FIRST DIVISION ASSISTANT TO SECOND DIVISION ASSISTANT VIDE ANNX-N, AS VOID AB- INITIO, DIRECT THE R-3 INSTITUTION TO CONSIDER THE PETITIONERS REPRESENTATION VIDE ANNX-W, DTD 01.12.2021, AND THE PETITIONER MAY BY CONTINUED AT R-3 INSTITUTION AND GRANT AN INTERIM ORDER TO STAY THE OPERATION AND EXECUTION OF THE ORDER DTD 22.12.2021 PASSED BY THE R-3 INSTITION VIDE ANNX-Y. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:43653 WP No. 728 of 2022 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner has filed this petition seeking the following reliefs: i. Issue a writ, order or direction in the nature of certiorari or any other appropriate writ as this Hon'ble Court deems fit quashing the Order dated 22.12.2021 bearing No.sibbandhi(2)/279/2013-14 passed by the 3rd respondent-Institution vide Annexure-Y, in the interest of justice and equity. ii. Issue a writ, order or direction in the nature of certiorari or any other appropriate writ as this Hon'ble Court deems fit quashing the General Body Meeting proceedings of the 2nd respondent held on 05.07.2011 in so far as its decision on item No.20 wherein it has resolved to demote the petitioner from the post of First Division Assistant to the Post of Second Division Assistant vide Annexure-K, and consequently quash the official memorandum dated 14.03.2012 issued by the 2nd respondent demoting the petitioner from the post of First Division Assistant to Second Division Assistant vide Annexure-N, as void ab-initio, in the interest of justice and equity. iii. Issue a writ, order or direction in the nature of mandamus or any other appropriate writ as this Hon'ble Court deems fit directing the 3rd respondent-Institution to consider the petitioner's representation vide Annexure-W, dated 01.12.2021, and the petitioner may be - 4 - HC-KAR NC: 2025:KHC:43653 WP No. 728 of 2022 continued at 3rd respondent-Institution, in the interest of justice and equity. iv. Pass such other orders or directions including awarding of cost as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity. 2. Brief facts leading rise to the filing of this writ petition are as follows: The petitioner was appointed as Computer Operator at respondent No.2-Institution on 30.12.2006. The Governing Council of respondent No.2-Institution convened a meeting under the Chairmanship of the then Minister for Medical Education and it was decided to fill up the required staff through the direct recruitment before the inspection of Medical Council of India in 2007. The petitioner completed his Bachelor's Degree in Computer Science in April 2007. Pursuant to the proceedings of the said Governing council, respondent No.2 issued an official memorandum appointing the petitioner as FDA on 30.09.2007. On 01.10.2007, the petitioner reported to the - 5 - HC-KAR NC: 2025:KHC:43653 WP No. 728 of 2022 duty. On 05.07.2011, the Finance Committee of respondent No.2-Institution held a meeting, wherein it was decided to demote the petitioner from the First Division Assistant to the Second Division Assistant. Pursuant to the decision of the Finance Committee, the petitioner was issued with an official memorandum dated 14.03.2012, demoting the petitioner to the post of SDA and for recovery of difference of salary. On 10.10.2013, at the request of the petitioner, respondent No.1 transferred the petitioner from respondent No.2-Institution to respondent No.3. Respondent No.3 in pursuance of the communication from respondent No.1 dated 26.02.2020, issued the impugned official memorandum dismissing the petitioner from the post of SDA. The petitioner aggrieved by the order of dismissal, preferred a writ petition in W.P.No.5497/2021. This Court, vide order dated 11.11.2021, allowed the writ petition and quashed the official memorandum dated 10.07.2020 and further, directed for reinstatement with 50% backwages and three - 6 - HC-KAR NC: 2025:KHC:43653 WP No. 728 of 2022 months time was granted for compliance. The petitioner has submitted a representation to respondent No.2 on 01.12.2021, enclosing the order passed by this Court in W.P.No.5497/2021 and requested to reinstate the petitioner by paying 50% backwages and to continue him in respondent No.3-Institution, since, he was transferred to respondent No.3-Institution on the ground that his wife was also working at Mandya. On 18.12.2021, respondent No.3 also issued a notice to the petitioner, asking him to appear for enquiry on 20.12.2021 at about 03.00 p.m. The petitioner appeared before respondent No.3 on 20.12.2021 and submitted his appointment order proceedings dated 05.07.2011., of the 6th respondent - Committee of respondent No.2 order dated 14.03.2012 demoting the petitioner as a Second Division Assistant proceedings of 24th General Body Meeting of the Governing Council dated 18.04.2016, transfer order dated 30.09.2013 issued by the government and other documents. On 22.12.2021, respondent No.3 in alter - 7 - HC-KAR NC: 2025:KHC:43653 WP No. 728 of 2022 violation of the order passed by the Hon'ble Court has passed an order relieving the petitioner and directing him to report respondent No.2-Institution. The petitioner aggrieved by the order vide Annexure-Y, has filed this petition. 3. Respondent No.3 filed a statement of objections contending that the petitioner was appointed as a temporary employee and no persons working on a contract basis have been regularised. It is contented that the petitioner was transferred to respondent No.3-Institution vide order dated 30.09.2013 and the petitioner reported to the respondent No.3-University on 10.10.2013. Respondent No.3 addressed a letter to respondent No.2 seeking the service particulars of the petitioner and service book and no action can be taken to fix his pay etc. and also addressed a letter to the State Government seeking instructions regarding his service particulars of the petitioner. Respondent No.2 has returned the service book. Respondent No.3 for the want of full particulars from - 8 - HC-KAR NC: 2025:KHC:43653 WP No. 728 of 2022 respondent No.2, the service register was returned back by respondent No.3 to respondent No.2. The petitioner was terminated from service on 10.07.2020 and the said order was challenged by the petitioner in W.P.No.5497/2021. The said order was quashed by this Court vide order dated 11.11.2021, and this Court directed respondent No.3 to hold an enquiry. It is contended that the Director of the Medical Education has made a communication to the State Government on 26.02.2020, whereby he has expressed that action is warranted against the petitioner in dismissing him from service as evident from Annexure-R2. The State could not have taken a decision as against the petitioner regarding his confirmation in the post, his transfer right to respondent No.3-Institution. It was the obligation on the part of the State Government and Director of Medical Education to ensure that such an order is passed against the petitioner. It is contented that there is no need or necessity of the service of the petitioner to respondent No.3-Institution. - 9 - HC-KAR NC: 2025:KHC:43653 WP No. 728 of 2022 Therefore, he cannot be once again ordered to be continued in the Institution. Hence, on these grounds, prays to dismiss the writ petition. 4. Heard the learned counsel for the petitioners and also the learned counsel for respondent No.3. 5. Learned counsel for the petitioner submits that respondent No.3 have no jurisdiction to pass an order vide Annexure-Y. The power of transfer of employee of one university to another autonomous university is vested with the State Government and not with respondent No.3. The impugned order vide Annexure-Y passed by respondent No.3 is without jurisdiction. Hence, on these grounds, he prays to allow the writ petition. 6. Per contra, learned counsel for respondent No.3 submits that the service of the petitioner is no more required for respondent No.3 and further, he submits that respondent No.3 holds an enquiry against the petitioner - 10 - HC-KAR NC: 2025:KHC:43653 WP No. 728 of 2022 pursuant to the order passed by this Court in W.P.No.5497/2021 disposed off on 11.11.2021. He also submits that respondent No.3 has addressed the communication to the State Government to transfer the petitioner from respondent No.3-Institution to respondent No.2 and respondent No.1 has not passed any order on the recommendation made by respondent No.3 vide communication dated 18.02.2022. He submits that if the reasonable time is granted to respondent No.3, respondent No.3 will hold an enquiry and pass an appropriate order in accordance with law. Hence, on these grounds he prays to dispose off the writ petition. 7. Perused the records and considered the submissions of the learned counsel for the parties. 8. There is no dispute that, initially, the petitioner was appointed in respondent No.2-Institution. The allegations were made against the petitioner for - 11 - HC-KAR NC: 2025:KHC:43653 WP No. 728 of 2022 misconduct. Respondent No.2 has passed an order demoting the petitioner from FDA to SDA. The petitioner had accepted the said order of demotion. Thereafter, the petitioner submitted a representation to the State requesting to transfer him from Raichur to Mysore on the ground that his spouse is working in Mandya. The representation of the petitioner was considered by the State and passed an order on 10.10.2013 transferring the petitioner from respondent No.2-Institution to respondent No.3-Institution. The petitioner is working in respondent No.3-Institution from 2013 and thereafter, respondent No.3 in pursuance of the communication from respondent No.1 dated 01.07.2020, issued the official memorandum dismissing the petitioner from service vide order dated 10.07.2020. The petitioner aggrieved by the order of termination, preferred a writ petition in W.P.No.5497/2021. This Court, vide order dated 11.11.2021, allowed the writ petition and quashed the order of termination and directed respondent No.3 to hold - 12 - HC-KAR NC: 2025:KHC:43653 WP No. 728 of 2022 an enquiry. Respondent No.3 instead of holding an enquiry, passed an order vide Annexure-Y, transferring the petitioner from Mysore to Raichur. When a specific query was put to the learned counsel for respondent No.3 under which provision the impugned order was passed, he was unable to point out any provision for transfer of this petitioner from Mysore to Raichur. He submits that the power is vested with the Government to transfer the employee of one autonomous University to another autonomous University. As no power is vested with respondent No.3 to transfer the employee from one autonomous University to another autonomous University, it is only the Government has power to transfer the employee of one University to another University the order vide Annexure-Y is to be set aside. Respondent No.3 has no authority to transfer the petitioner from Mysore University to respondent No.2-University. The order passed by respondent No.3 is without jurisdiction is - 13 - HC-KAR NC: 2025:KHC:43653 WP No. 728 of 2022 considered as nullity. Hence, on this ground, the impugned order is liable to be set aside. 9. In view of the above discussion, I proceed to pass the following: ORDER i. The writ petition is partly allowed. ii. The order dated 22.12.2021 vide Annexure Y passed by respondent No.3-University is hereby quashed. iii. Respondent No.3 is directed to hold an enquiry as per the order passed by this Court in W.P.No.5497/2021. iv. All the contentions of the parties are kept open. v. Respondent No.3 has issued communication to the State Government on 18.02.2022 requesting to transfer the petitioner from Mysore Institution to respondent No.2- Institution. The Government has not passed - 14 - HC-KAR NC: 2025:KHC:43653 WP No. 728 of 2022 any order on the communication dated 18.02.2022. vi. Liberty is reserved to respondent No.3 to pursue the matter before the Government. vii. Pending applications, if any, stand disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB