- 1 - HC-KAR NC: 2025:KHC-D:14764 WP No. 104346 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 104346 OF 2025 (S-TR) BETWEEN: SMT. ROOPA S. NAIDU, AGE: 42 YEARS, OCC: PRINCIPAL, MORARJI DESAI RESIDENTIAL SCHOOL (BC-EO EDU), BENAKOPPA, NARGUND, DIST: GADAG – 582 207. …PETITIONER (BY SRI. S.A.SODUR, ADVOCATE FOR SRI. K. L. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPTD BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SOCIAL WELFARE , 2ND FLOOR, VIKAS SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU – 01. 2. THE KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY, AND ORGANIZATION OF GOVT. OF KARNATAKA NO. 8, M. S. BUILDING, FLOOR NO 1, 6 AND 7, CUNNINGHAM ROAD, BENGALURU – 581 110, REPRESENTED BY ITS EXECUTIVE DIRECTOR. 3. ASHOK S/O. SANGAPPA KONNUR, AGE: MAJOR, (NOT KNOWN) OCC: PRINCIPAL DR. B. R. AMBEDKAR GIRLS RESIDENTIAL SCHOOL, ALAVANDI KOPPAL – 583 226. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. SUNIL S. DESAI, ADVOCATE FOR R2; SRI. B.B.BALLOLI & SRI. RAVI N. CHIKKARADDER, ADVs. FOR R3) Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:14764 WP No. 104346 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ORDER BEARING NO.SA.KA.E.146 MDS 2025 DATED 30/06/2025 PASSED BY RESPONDENT NO.1 VIDE ANNEXURE-E INSOFAR AS TRANSFER OF THIS PETITIONER IS CONCERNED (AT SL.NO.36 AND 37 TRANSFERRING HER FROM MORARJI DESAI RESIDENTIAL SCHOOL (KANAGINAHAL GADAG) TO DR.B.R.AMBEDKAR GIRLS RESIDENTIAL SCHOOL ALAVANDI KOPPAL AND TRANSFERRING RESPONDENT NO.3 TO THE POST OF PETITIONER) IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR HEARING - INTERLOCUTORY APPLNTHIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court calling in question an order dated 30.06.2025, by which the petitioner stood transferred to Dr.B.R. Ambedkar Girls Residential School, Alavandi, Koppal, in place of the third respondent and the third respondent coming to the place of the petitioner. 2. Heard the learned counsel Shri S.A. Sondur appearing for the petitioner; the learned HCGP Smt. Girija S.Hiremath appearing for respondent No.1 – State; the learned counsel Shri Sunil S.Desai appearing for respondent No.2; and the learned counsels Shri B.B. Ballori and Shri Ravi N.Chikkaradder appearing for respondent No.3. - 3 - HC-KAR NC: 2025:KHC-D:14764 WP No. 104346 of 2025 3. Facts in brief germane are as follows: The petitioner was appointed as a Principal of the School at Negaluru in the year 2012 and is transferred and posted as Principal at Benakoppa on 05.07.2016. The petitioner then continues to be the Principal of the said Institution for close to seven years and for the first time is transferred out of the said Institution on 10.07.2023 to Morarji Desai Residential School, Gadag. Four days thereafter, the petitioner manages to come back to the same Institution where she had worked for seven years. 4. This happens on 14.07.2023. Since 14.07.2023, the petitioner again continues as a Principal in the said Institution till the impugned order of transfer is passed. Therefore, the petitioner has been a Principal of the Benakoppa Institution from 05.07.2016 till the passage of the impugned order and continues to be even today. Therefore, the petitioner has been in the post of Principal for more than nine years in the said Institution. The impugned order of transfer comes to be passed on 30.06.2025, now transferring the petitioner from Benakoppa, Koppal as observed hereinabove. This is what has driven the petitioner to this Court in the subject petition. - 4 - HC-KAR NC: 2025:KHC-D:14764 WP No. 104346 of 2025 5. The Co-ordinate bench of this Court owing to the submission of the counsel to the petitioner had granted an interim order of stay and thus, the petitioner continues to be working as a Principal of the Institution at Benakoppa. The learned counsel appearing for the petitioner would submit that the petitioner though was transferred after seven years of her service in Benakoppa on 10.07.2024, the said order stood cancelled and was again transferred back to Benakoppa on 14.07.2023. The learned counsel submits that, that is the order that has to be taken note of and if that is taken note of, five years service is yet to get completed of the petitioner as a Principal in the said Institution and therefore, the transfer runs counter to the guidelines. The learned counsel submits that the orders must be obliterated and the petitioner be permitted to continue in the said post till the tenure of five years would get complete in terms of the guidelines. 6. Per contra, learned counsel appearing for the third respondent who has filed an application seeking vacation of the interim order would submit that the petitioner after seven years was transferred out of Benakoppa within four days comes back to the said place. Therefore, on a gap of four days or 96 hours - 5 - HC-KAR NC: 2025:KHC-D:14764 WP No. 104346 of 2025 the petitioner has been a Principal of Benakoppa on some pretext or the other for over 9 years. In that light the learned counsel submits that the petitioner having completed nine years of service cannot now make a hue and cry with non completion of five years of service. 7. The learned counsel appearing for the Institution and the State again in unison would submit that the contention of the petitioner that the transfer has to be only on counselling is also untenable as the government has now modified the guidelines by its circular on 06.06.2025, that counselling must be only for Group-C and Group-D and not Group-B, which the petitioner is. Therefore, would submit that the petitioner has to march to the transferred place and seeks dismissal of the petition. 8. I have given my anxious consideration to the submissions made by the learned counsel appearing for the parties and perused the materials available on record. 9. The afore-narrated facts are not in dispute. Transfer though is incidence of service is undoubtedly hedge by conditions stipulated in terms of certain guidelines. The guidelines in the case at hand, in this regard, i.e., completion of five years, in a - 6 - HC-KAR NC: 2025:KHC-D:14764 WP No. 104346 of 2025 particular place of posting. The drill of dates would go this way. The petitioner gets appointed as a Principal in the year 2012, works at Negaluru Institution of the respondent No.2 and gets transferred to Benakoppa Institution on 05.07.2016 and continues till 10.07.2023, seven long years is transferred on 10.07.2023 goes and reports to duties and immediately gets a mutual transfer back to Benakoppa on 14.07.2023, 96 hours after the order of transfer, comes back to Benakoppa and continues to be in the said place for again for over two and a half years till today. Therefore, the petitioner has not five completed more than nine years of service at Benakoppa as a Principal with an artificial gap of four days, which was also redone ostensibly at the instance of the petitioner. Though, it is projected to be a mutual transfer. 10. The learned counsel for the petitioner submits that the impugned transfer is not preceded by counselling as is necessary under the government order. The learned counsel for the respondent has now placed a government order dated 06.06.2025, which tweaks or tinkers the earlier government order with regard to counselling, the clause in the said government order reads as follows: - 7 - HC-KAR NC: 2025:KHC-D:14764 WP No. 104346 of 2025 “4. ªÀUÁðªÀuÉAiÀÄ «zsÀUÀ¼ÀÄ : ªÀUÁðªÀuÉAiÀÄ£ÀÄß F PɼÀPÀAqÀAvÉ JgÀqÀÄ jÃwAiÀiÁV «AUÀr¹zÉ. i) PÉÆÃjPÉAiÀÄ ªÀUÁðªÀuÉ :- £ËPÀgÀgÀ PÉÆÃjPÉAiÀÄ ªÉÄÃgÉUÉ MlÄÖ ªÀÄAdÆgÁzÀ ºÀÄzÉÝUÀ¼À°è ¸ÀPÁðgÀªÀÅ ¸ÀPÁðgÀªÀÅ ¸ÁªÀðd¤PÀ ªÀUÁðªÀuÉAiÀÄ°è ¤UÀ¢ü¥Àr¹gÀĪÀ ±ÉÃPÀqÀªÁgÀÄ ªÀUÁðªÀuÉ ¥ÀæªÀiÁtzÀ£ÀéAiÀÄ £ËPÀgÀgÀ ªÀUÁðªÀuÉ PÉÊUÉƼÀî¯ÁUÀĪÀÅzÀÄ PÁ®PÁ®PÉÌ ¸ÀPÁðgÀzÀ DzÉñÀzÀ£ÀéAiÀÄ ªÀiÁ¥ÁðrUÉ M¼À¥ÀnÖgÀÄvÀÛzÉ. ii) DqÀ½vÁvÀäPÀ ªÀUÁðªÀuÉ:- F jÃwAiÀÄ ªÀUÁðªÀuÉ MAzÀÄ ¸ÀܼÀzÀ°è PÁAiÀÄð¤ªÀð»¸ÀÄwÛgÀĪÀ ¹§âA¢UÉ ¸ÀAWÀªÀÅ ¸ÁªÀðd¤PÀ |DqÀ½vÁvÀäPÀ »vÀzÀȶ׬ÄAzÀ/ zÀÆj£À »£É߯ÉAiÀÄ°è ªÀUÁðªÀuÉAiÀÄ£ÀÄß ªÀiÁqÀ¯ÁUÀÄvÀÛzÉ. 5. ªÀUÁðªÀuÉAiÀÄ£ÀÄß D£ï¯ÉÊ£ï PË£Éì°AUï ªÀÄÆ®PÀ ªÀiÁqÀĪÀÅzÀÄ. i) ¸ÀAWÀzÀ UÀÆæ¥ï-¹ & r ªÀÈAzÀzÀ ¹§âA¢UÀ¼À ªÀUÁðªÀuÉAiÀÄ£ÀÄß Pˤì°AUï ¥ÀæQæAiÉÄAiÀÄ ªÀÄÆ®PÀ £ÀqɸÀ¯ÁUÀÄvÀÛzÉ. ¸ÀA§AzsÀ¥ÀlÖ £ËPÀgÀgÀ PÉÆÃjPÉAiÀÄ£ÀÄß D£ï¯ÉÊ£ï ªÀÄÆ®PÀ ¹éÃPÀj¹ ªÀUÁðªÀuÉ ªÀiÁqÀ¨ÉÃPÀÄ. ii) ¸ÀPÁðgÀ ¤UÀ¢ü¥Àr¹gÀĪÀ ¢£ÁAPÀ:14.06.2025 gÉƼÀUÁV CªÀ¢üAiÀÄ°è D£ï¯ÉÊ£ï ªÀÄÆ®PÀ PË£Éì°AUï £ÀqɸÀĪÀÅzÀÄ. iii) PÉÆÃjPÉAiÀÄ ªÀUÁðªÀuÉAiÀÄ £ËPÀgÀgÀ£ÀÄß ªÀUÁðªÀuÉ CAPÀUÀ¼À E½PÉ PÀæªÀÄzÀ°è ¯ÉPÁÌZÁgÀ ªÀiÁr ¥ÀnÖ ¹zÀÝUÉƽ¸ÀĪÀÅzÀÄ. ¸ÀzÀj ¥ÀnÖAiÀÄAvÉ ¸ÀܼÀ ¤AiÀÄÄQÛ ªÀiÁqÀ®Ä PÀæªÀĪÀ»¸ÀĪÀÅzÀÄ. 11. The Government Order restricts counselling to Group-C and Group-D teachers and not Group-B, which the petitioner is the Principal of the Institution is undoubtedly a - 8 - HC-KAR NC: 2025:KHC-D:14764 WP No. 104346 of 2025 Group-B post. In that light, the petitioner having spent more than nine years in the same place, cannot mean to remain in the same place for the entire service. Transfer being an incidence, the petitioner has to march towards the transferred place. For the aforesaid reasons, the following: ORDER (i) The petition stands rejected. (ii) Interim order of any kind stands dissolved. Sd/- (M.NAGAPRASANNA) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 9