- 1 - HC-KAR NC: 2025:KHC:31588 WP No. 9449 of 2025 C/W WP No. 36005 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 9449 OF 2025 (S-RES) C/W WRIT PETITION NO. 36005 OF 2024 (S-RES) IN WP No. 9449/2025 BETWEEN: MOHANKUMAR H K S/O LATE KUBERAPPA H AGED ABOUT 48 YEARS LECTURER (POLITICAL SCIENCE) DVS INDEPENDENT PU COLLEGE SHIMOGA-577201 R/O SHARADA NIVASA BHAVIKATTE CIRCLE VINOBA NAGAR, SAGAR-577401 …PETITIONER (BY SRI. K SREEDHAR., ADVOCATE) AND: 1. THE DIRECTOR OF PRE UNIVERSITY BOARD 18TH CROSS, MALLESHWARAM BENGALURU-560012. 2. THE DEPUTY DIRECTOR OF PRE-UNIVERSITY SHIMOGA DISTRICT SHIMOGA-577201. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31588 WP No. 9449 of 2025 C/W WP No. 36005 of 2024 3. DVS INDEPENDENT PU COLLEGE SHIMOGA-577201 REPRESENTED BY ITS PRINCIPAL. …RESPONDENTS (BY SRI.VIKAS R, AGA FOR R1 & R2: SRI S V PRAKASH, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO ACCEPT DUTY REPORT OF THE PETITIONER PURSUANT TO ORDER OF THE R-1 VIDE ANNEXURE-A BEARING NO. DPUE- EST30TT(ZERS)/2/2023/1272956 DATED: 19.11.2024 AND DIRECT R-1 TO 3 TO RELEASE THE SALARY OF THE PETITIONER FROM OCT 2024 AND ETC. IN WP NO. 36005/2024 BETWEEN: DESHIYA VIDHYA SHALA SAMITHI (REGISTERED UNDER THE PROVISIONS OF KARNATAKA SOCIETIES REGISTRATION ACT 1960) SIR. M.V. ROAD, SHIVAMOGGA CITY - 577201 REPRESENTED BY ITS SECRETARY S RAJASHEKAR ...PETITIONER (BY SRI. S V PRAKASH., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF PRIMARY & SECONDARY EDUCATION M S BUILDING, DR.B.R. AMBEDKAR VEEDHI BENGALURU - 560001. 2. THE DIRECTOR DEPARTMENT OF SCHOOL EDUCATION - 3 - HC-KAR NC: 2025:KHC:31588 WP No. 9449 of 2025 C/W WP No. 36005 of 2024 (PRE UNIVERSITY) 18TH CROSS MALLESHWARAM, BENGALURU - 560012. 3. THE DEPUTY DIRECTOR DEPARTMENT OF SCHOOL EDUCATION (PRE UNIVERSITY) B H ROAD SHIVAMOGGA DISTRICT SHIVAMOGGA CITY - 577201. 4. SRI MOHAN KUMAR H K POLITICAL SCIENCE LECTURER NALANDA PRE-UNIVERSITY COLLEGE TALAGUPPA, SAGARA TALUK SHIVAMOGGA DISTRICT. ...RESPONDENTS (BY SRI. VIKAS R., AGA FOR R1 TO R3: SRI K SRIDHAR, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICIAL MEMORANDUM DATED 19.11.2024 ISSUED BY THE SECOND RESPONDENT DEPUTING ONE MOHAN KUMAR WHO WAS WORKING AS LECTURER IN NALANDA PRE-UNIVERSITY COLLEGE AS POLITICAL SCIENCE LECTURER TO THE DVS INDEPENDENT PRE-UNIVERSITY COLLEGE RUN BY THE PETITIONER VIDE ANNEXURE-D NO: DPUE-EST30TT(ZERS) 2/2023/1272956 TO THE WRIT PETITION AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD - 4 - HC-KAR NC: 2025:KHC:31588 WP No. 9449 of 2025 C/W WP No. 36005 of 2024 ORAL ORDER These writ petitions are filed under Articles 226 & 227 of the Constitution of India. W.P.No.9449/2025 is filed by the employee, seeking a writ of mandamus to implement the order dated 19.11.2024 (Annexure-A) issued by the first respondent. W.P.No.36005/2024 is filed by the Management, challenging the very same order dated 19.11.2024 (Annexure-D). Hence, both the petitions are clubbed together and common order is being passed. 2. The petitioner in W.P.No.9449/2025 was appointed as a Lecturer in Political Science in Nalanda Pre- University College, Talaguppa. In view of the reduction in the admission of the students, the petitioner has been treated as excess teacher. By order dated 19.11.2024, he was transferred to DVS Pre-University College, i.e., the petitioner in W.P.No.36005/2024. Since the said order has been passed without the consent of the Management, the Management is before this Court in W.P.No.36005/2024. - 5 - HC-KAR NC: 2025:KHC:31588 WP No. 9449 of 2025 C/W WP No. 36005 of 2024 3. As per Rule 29(i) of the Karnataka Department of School Education (Pre-University) (Academic, Registration, Administration and Grant-in- Aid, etc.) Rules, 2024 (for short, ‘2024 Rules’), the staff working in aided posts in an Aided Private Pre-University College may be transferred to an aided post in another Private Pre-University College with the prior approval of the Director, if the posts in both the colleges are same in nature and both the Managing Committee agree to the proposal and there is sufficient workload for teaching staff. This Court in W.P.No.33101/2014 and connected matters, disposed of on 30.03.2021 has held that before transferring the teacher from one aided college to another aided college, they have to take the consent of the Management. Since the impugned order at Annexure-D in W.P.No.36005/2024 has been passed without consulting the petitioner – Management, on this short ground, the impugned order requires to be quashed. - 6 - HC-KAR NC: 2025:KHC:31588 WP No. 9449 of 2025 C/W WP No. 36005 of 2024 4. The petitioner in W.P.No.9449/2025 was working as a Lecturer in Nalanda Pre-University College, Talaguppa. Before his transfer to DVS Pre-University College, he was transferred to National Pre University College, Konandoor, Tirthahalli Taluk. But, by the impugned order at Annexure-A, even before the petitioner taking the charge, the said order has been cancelled and he has been transferred to DVS Pre-University College, Shivamogga. 5. The learned counsel for the petitioner in W.P.No.9449/2025 submits that, if this Court intends to quash the impugned order dated 19.11.2024 in W.P.No.36005/2024, the Management of the National Pre- University College, Konandoor has no objection to take the petitioner to their Institution. 6. On instructions, the learned AGA submits that, if the Management has no objection, the Government will pass appropriate orders transferring the petitioner to - 7 - HC-KAR NC: 2025:KHC:31588 WP No. 9449 of 2025 C/W WP No. 36005 of 2024 National Pre-University College, Konandoor, Tirthahalli Taluk. 7. At this stage, learned counsel for the petitioner in W.P.No.9449/2025 submits that, pursuant to the impugned order dated 19.11.2024, the petitioner had approached the DVS Pre-University College, Shivamogga, but they have refused to take him to duty. Therefore, without any fault on the part of the petitioner, he cannot be denied the salary and during that period he has to be treated as an employee of the Nalanda Pre-University College, Talaguppa and he is also entitled to the salary and he may be permitted to submit a representation in that regard. 8. In view of the above, the following order is passed: (i) W.P.No.36005/2024 is allowed. (ii) The order dated 19.11.2024 (Annexure-D) is quashed. - 8 - HC-KAR NC: 2025:KHC:31588 WP No. 9449 of 2025 C/W WP No. 36005 of 2024 (iii) W.P.No.9449/2025 is disposed of. (iv) The respondent – authority is directed to issue modified transfer order to the petitioner transferring him to National Pre-University College, Konandoor, Tirthahalli Taluk, as expeditiously as possible, not later than two weeks from the date of receipt of a copy of this order. (v) The petitioner in W.P.No.9449/2025 is at liberty to submit a representation, as stated above, before the competent authority. (vi) If such a representation is submitted, the same may be considered in accordance with law. (vii) In view of disposal of the petition, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 28