- 1 - HC-KAR NC: 2025:KHC:31333-DB WP No. 24216 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 24216 OF 2025 (S-KSAT) BETWEEN: 1. SMT. SHOBHA S. MALHARI, W/O. DR.MARUTHI, AGED ABOUT 57 YEARS, R/AT, No.30, SHIVA AMBU NILAYA, MUNIYAPPA GARDEN, CHAMUNDESHWARI LAYOUT, VIDHYARANYAPURA POST, BENGALURU - 560 097. WORKING AS ASSOCIATE PROFESSOR, DEPT. OF ECONOMICS GOVERNMENT FIRST GRADE COLLEGE, MADAGONDANAHALLI, DODDABALLAPURA, BENGALURU RURAL - 561 203. …PETITIONER (BY SRI MOHAMMED AKRAM, ADVOCATE) Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31333-DB WP No. 24216 of 2025 AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, M.S. BUILDING, BANGALORE - 560 001. 2. THE COMMISSIONER, DEPT. OF COLLEGIATE EDUCATION, No.11/12, PALACE ROAD, BENGALURU - 560 001. 3. THE PRINCIPAL, GOVERNMENT FIRST GRADE COLLEGE, MADAGONDANAHALLI, DODDABALLAPURA, BENGALURU RURAL - 561 203. …RESPONDENTS (BY SRI B. RAVINDRANATH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER DATED 06.08.2025 IN APPLICATION No.3560/2025 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL VIDE ANNEXURE-A. THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND - 3 - HC-KAR NC: 2025:KHC:31333-DB WP No. 24216 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioner is before this Court aggrieved by the interim order dated 06.08.2025 in Application No.3560/2025 passed by the Karnataka State Administrative Tribunal, Bengaluru (for short 'the Tribunal') rejecting the petitioner's interim prayer to stay the impugned order of shifting her along with post under the order dated 31.07.2025 (Annexure-A6). 2. Heard Sri Mohammed Akram, learned counsel for the petitioner and Sri.B.Ravindranath, learned Additional Government Advocate for the respondents. 3. Learned counsel for the petitioner would submit that the petitioner who is aged about 57 years could not have been treated as excess teacher under Section 10(1)(vi) of the Karnataka Civil Services (Regulation of Transfer of Teachers) Act, 2020 (for short 'the 2020 Act'). - 4 - HC-KAR NC: 2025:KHC:31333-DB WP No. 24216 of 2025 3.1 Learned counsel for the petitioner would also submit that the petitioner has an aged mother to look after as such, the Tribunal ought to have considered the interim prayer of the petitioner and granted stay of the order dated 31.07.2025 (Annexure-A6). 4. Learned Additional Government Advocate would support the above aspect and would submit that the contentions urged by the petitioner are to be considered by the Tribunal at the time of disposal of the application. Hence, he prays for dismissal of the petition. 5. Having heard learned counsels for the parties and perused the entire writ petition papers. 6. We are not inclined to interfere with the interim order passed by the Tribunal dated 06.08.2025 rejecting the request of the petitioner to stay the impugned order of shifting the petitioner along with post dated 31.07.2025. A perusal of the impugned order dated 31.07.2025 at Annexure-A6 would indicate that the post along with - 5 - HC-KAR NC: 2025:KHC:31333-DB WP No. 24216 of 2025 incumbent is shifted where the workload is available. The contention of the petitioner that there is workload as on this day and that the petitioner is to be granted benefit of Section 10(1)(vi) of the 2020 Act, is to be considered by the Tribunal. 7. If this contention is considered by this Court at this stage, nothing would remain to the Tribunal to consider. 8. Hence, we are not inclined to interfere with the impugned order. Accordingly, the writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 9