- 1 - HC-KAR NC: 2025:KHC:36033-DB WP No. 26368 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH 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. 26368 OF 2025 (S-KSAT) BETWEEN: SRI.SRINIVASAIAH S.M S/O. LATE MUNIYAPPA.T AGED ABOUT 59 YEARS, GRADUATE HEAD MASTER, GOVERNMENT MODEL HIGHER PRIMARY SCHOOL OORGAUMPET, K.G.F., KOLAR DISTRICT-563121 R/A. 4TH BLOCK, OLD TOWN, BETHAMANAGALA AND POST, K.G.F., KOLAR DISTRICT-563116 …PETITIONER (BY SRI. VIJAYA SIMHA REDDY D.V.,ADVOCATE) 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, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, K. R. CIRCLE, BENGALURU-560001. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36033-DB WP No. 26368 of 2025 3. THE JOINT DIRECTOR-1 AND TRANSFERRING AUTHORITY OF TEACHERS, O/O. COMMISSIONER, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, K. R. CIRCLE, BENGALURU-560001. 4. THE DEPUTY DIRECTOR, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, KOLAR DISTRICT-563101. 5. THE BLOCK EDUCATION OFFICER, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, K.G.F. TALUK, KOLAR DISTRICT-563122 …RESPONDENTS (BY SRI. V SHIVAREDDY - AGA) ------ THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORDS PERTAINING TO IMPUGNED ORDER DAED 25.08.2025 PASSED IN APPLICATION No. 3825/2025 VIDE ANNEXURE-A PASSED BY THE HONBLE TRIBUNAL AND TO ISSUE WRIT OF CERTIORARI TO QUASH THE AFORESAID IMPUGNED ORDER AS THE SAME ARE UNJUST, ARBITRARY AND CONTRARY TO THE LAW OF LAND AND FURTHER CALL FOR THE RECORDS PERTAINING TO THE IMPUGNED REVISED PROVISIONAL-PRIORITY LIST EXCESS TRANSFER FOR TRANSFER OF TEACHERS FOR THE YEAR 2024-25 DATED 21.08.2025 VIDE ANNEXURE-A8 PASSED BY THE 4TH RESPONDENT AND ISSUE A WRIT OF CERTIORARI TO SET ASIDE THE SAME IN SO FAR AS IT RELATES TO THE PETITIONER AT Sl.No.17 BY CONSIDERING THE SAME AS ARBITRARY, ILLEGAL, UNJUSTIFIED, UNSUSTAINABLE, WITHOUT JURISDICTION AND CONTRARY TO THE SETTLED LEGAL POSITION AND ETC. - 3 - HC-KAR NC: 2025:KHC:36033-DB WP No. 26368 of 2025 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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) Heard Sri. Vijaya Simha Reddy D.V., learned counsel for the petitioner as well the Sri. V.Shivareddy, learned AGA, on interim prayer. 2. Learned counsel for the petitioner would submit that, the petitioner is working as a Graduate Senior Head Master at Government Model Higher Primary School, Oorgaumpet, K.G.F. Further it is submitted that, as on this date, the petitioner is aged Fifty Nine years, One month and he is left with Eleven months service. Therefore, he submits that, in terms of Section 10 of the Karnataka State Civil Services (Regulation of Transfer of Teachers) Act, 2020, exemption is available for the petitioner from transfer and for priority request transfer. It is submitted that, above the age of 50 years in case of female teachers and, 55 years in case of male teachers - 4 - HC-KAR NC: 2025:KHC:36033-DB WP No. 26368 of 2025 are exempted from transfers. Thus, he would submit that Annexure-A8 issued including the name of the petitioner in Excess Transfer Priority List, is not proper. 3. However, learned AGA, referring to the documents filed along with the memo dated 03.09.2025, would submit that, vide notification dated 29.05.2025 (document no.3), guidelines have been issued for transfers under 2020 Act, wherein exemption under Section 10 would not be available for teachers where students strength is less than the prescribed. 3.1. Learned AGA would further submit that, the petitioner is working as a Senior Headmaster at present and in the said school, the student strength is only 206 whereas, to continue the petitioner as a Senior Head Master, it requires student strength of 250. 4. If that is the case, the main question that is to be decided by the Tribunal would be as to, 'Whether benefit available to a Teacher under Section 10 of the 2020 Act, - 5 - HC-KAR NC: 2025:KHC:36033-DB WP No. 26368 of 2025 can be taken away by issuing a Executive Order under Notification dated 29.05.2025 (Document No.3)?. In that view of the matter, the Tribunal is not justified in rejecting the petitioner's interim prayer. In the above circumstances, we are of the considered view that, taking note of Section 10 (vi) of 2020 Act and, taking note of the age of the petitioner i.e., Fifty Nine years and One month, we are of the considered view that the petitioner has made out a prima facie case and would be entitled for an interim order as prayed before the Tribunal. 5. Hence, the following : ORDER i) The impugned order dated 25.08.2025 in Application No.3825/25 passed by the KAT (Annexure-A) is set aside only to the extent of non-consideration of the interim prayer of the petitioner; - 6 - HC-KAR NC: 2025:KHC:36033-DB WP No. 26368 of 2025 ii) Stay of Annexure-A.8 dated 21.08.2025, Revised Provisional-Priority list insofar as the petitioner is concerned during the pendency of Application No.3825/25 before the Tribunal. With the above observation, the writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE rs List No.: 1 Sl No.: 40