- 1 - HC-KAR NC: 2026:KHC:17549-DB WP No. 5819 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 5819 OF 2026 (S-KSAT) BETWEEN: 1. DR. RAVEENDRA T., S/O B.N.THAMMANNA, AGED ABOUT 56 YEARS, WORKING AS SENIOR SPECIALIST (ORTHOPEDICS') DFI GENERAL HOSPITAL, JAYANAGAR 4TH T BLOCK, BENGALURU-5600. (NOW UNDER ORDER OF TRANSFER TO GENERAL HOSPITAL, KANAKAPURA DISTRICT, RAMANAGARA) RESIDING AT No.715/A, MODI HOSPITAL ROAD, RAJAJINAGAR 2ND STAGE, BENGALURU-560086. …PETITIONER (BY SRI RAGHAVENDRA G. GAYATRI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:17549-DB WP No. 5819 of 2026 DEPARTMENT OF HEALTH AND FAMILY WELFARE, M.S. BUILDING, BENGALURU - 560 001. 2. THE COMMISSIONER, HEALTH AND FAMILY WELFARE SERVICES, MAGADI ROAD, BENGALURU- 560 023. 3. THE MEDICAL SUPERINTENDENT GENERAL HOSPITAL, JAYANAGAR. BENGALURU 560 041. 4. DR. RAJKUMAR. R., AGE NOT KNOWN TO THE PETITIONER SENIOR SPECIALIST (ORTHOPEDICS'), VICTORIA HOSPITAL, BENGALURU 560 002, (NOW UNDER ORDER OF TRANSFER TO GOVERNMENT DISTRICT HOSPITAL, JAYANAGAR, BENGALURU URBAN), 5. DR. RAVI S., S/O ANKAIAH, AGED ABOUT 48 YEARS, W/A SENIOR SPECIALIST (ORTHOPEDICS'), KANAKA PURA GENERAL HOSPITAL, RAMANAGARA DISTRICT-562117. …RESPONDENTS (BY SRI REUBEN JACOB, AAG A/W SRI V. SHIVAREDDY, FOR R1 TO R3; SMT. SUMANGALA GACHCHINAMATH, ADVOCATE FOR C/R4; SRI V.R. SARATHY, ADVOCATE FOR R5 FOR IMPLEADING RESPONDENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 12.02.2026 IN APPLICATION No.3508/2025 VIDE ANNEXURE-A PASSED BY THE HON'BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AND CONSEQUENTLY TO ALLOW THE SAID WRIT PETITION AS PRAYED FOR, IN THE INTEREST OF JUSTICE. - 3 - HC-KAR NC: 2026:KHC:17549-DB WP No. 5819 of 2026 THIS PETITION, COMING ON FOR PRELIMINARY 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 K. V. ARAVIND) Heard Sri Raghavendra G. Gayatri, learned counsel for the petitioner; Sri Reuben Jacob, learned Additional Advocate General along with Sri V. Shivareddy, learned Additional Government Advocate for respondent Nos.1 to 3; Smt. Sumangala Gachchinamath, learned counsel for the caveator/respondent No.4 and Sri V.R. Sarathy, learned counsel for impleading applicant - respondent No.5. 2. This writ petition is filed by the applicant in Application No. 3508/2025, impugning the order dated 12.02.2026 passed by the Karnataka State Administrative Tribunal, Bengaluru (hereinafter referred to as “the Tribunal”). 3. The petitioner challenged the transfer order dated 28.07.2025, whereby he was transferred from General Hospital, Jayanagara, Bengaluru to General Hospital, Kanakapura. The - 4 - HC-KAR NC: 2026:KHC:17549-DB WP No. 5819 of 2026 said application came to be rejected by the Tribunal. Aggrieved thereby, the petitioner has impugned the order of the Tribunal, contending inter alia that, on account of erroneous allotment of marks and alteration of the provisional list, he was deprived of the opportunity to choose his place of posting in accordance with his seniority. During the pendency of this petition, the petitioner has accepted the transfer and has reported for duty at General Hospital, Kanakapura. In view of this subsequent development, the petition does not survive for further consideration. 3.1 In the interregnum, the impleading applicant was posted to General Hospital, Kanakapura, the place to which the petitioner was transferred. Upon the petitioner reporting to the said hospital, the impleading applicant came to be relieved. Thereafter, in order to accommodate the impleading applicant, counselling was conducted and he was posted to Government Hospital, Gowribidanur. 3.2 The impleading applicant contends that, having regard to his seniority in the counselling process, he was entitled to opt for a more favourable place of posting. It is further contended - 5 - HC-KAR NC: 2026:KHC:17549-DB WP No. 5819 of 2026 that he is entitled to be posted in and around Bengaluru, particularly at Mandya, on spouse grounds. In this regard, a memo dated 04.03.2026 has been filed by Sri V.R. Sarathy, learned counsel appearing for the impleading applicant. 4. Sri Reuben Jacob, learned Additional Advocate General, along with Sri V. Shivareddy, learned Additional Government Advocate appearing for the respondents, opposing the memo dated 04.03.2026, submits that the impleading applicant has been posted as a Medical Officer at General Hospital, Gowribidanur, which is an upgraded post. It is further submitted that the impleading applicant would be afforded an opportunity in the next general counselling to exercise his option for a place of posting in accordance with his seniority. 5. Per contra, Sri V. R. Sarathy, learned counsel appearing for the impleading applicant, opposes the said submission and contends that vacant posts of Orthopedic Specialists are available at Mandya, Mysuru, or Ramanagara, and that the impleading applicant ought to be accommodated in any one of the said institutions. - 6 - HC-KAR NC: 2026:KHC:17549-DB WP No. 5819 of 2026 6. Learned counsel for the impleading applicant submits that the earlier posting at General Hospital, Kanakapura was granted on spouse grounds. It is contended that, in view of the present posting being at a place other than Kanakapura, the impleading applicant would be entitled to claim the benefit of spouse grounds in accordance with law. 7. The learned Additional Advocate General has not opposed the prayer to accommodate the impleading applicant at Mandya, Mysuru, or Ramanagara; however, he submits that such posting would be purely tentative and subject to the outcome of the next general transfer counselling. It is further submitted that, without being prejudiced by such tentative posting, the name of the impleading applicant would be considered in the list of candidates eligible for transfer in the ensuing counselling process. 8. Learned counsel for the impleading applicant, further submits that once the impleading applicant is posted at any of the aforesaid places, he would be entitled to serve for a minimum tenure. The said submission cannot be accepted. The - 7 - HC-KAR NC: 2026:KHC:17549-DB WP No. 5819 of 2026 impleading applicant shall, however, be entitled to participate in the general counselling in accordance with his seniority. 9. Having regard to the anomalies that have occurred in the process of preparation of the provisional list for transfer, as explained in the affidavit filed by the respondent authorities, we are inclined to treat the present posting arrangement as purely tentative and without prejudice to the rights and seniority of the impleading applicant. All contentions and exceptions available to the impleading applicant in the transfer counselling are kept open. 10. Accordingly, the respondent authorities are directed to provide posting to the impleading applicant at any one of the places, namely, Mandya, Mysuru, or Ramanagara, as indicated in the memo dated 04.03.2026, within a period of one week from the date of receipt of a copy of this order. It is made clear that the said posting shall be purely tentative, and the impleading applicant shall be entitled to be considered for transfer in the next general transfer counselling in accordance with law. - 8 - HC-KAR NC: 2026:KHC:17549-DB WP No. 5819 of 2026 11. With the above observations, the writ petition is disposed of. Pending I.As. stand disposed of accordingly. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE MV List No.: 1 Sl No.: 23