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2026 DAILYLAW 16422 (KAR)

THE SECRETARY v. THE STATE OF KARNATAKA

WP/2130/2026 · 2026-03-13

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:15086 WP No. 2130 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 2130 OF 2026 (S-RES) BETWEEN: THE SECRETARY SHRI UJJAYINI JAGADGUR SIDDESHWARA VIDYAVARDHAKA SANGHA ®, BANDIMOT, BELLARY – 583 102 …PETITIONER (BY SRI. NITIN A. M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY OF GOVERNMENT, PRIMARY AND SECONDARY EDUCATION, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE – 560 001. 2. THE ADDITIONAL COMMISSIONER, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, KALABURAGI – 585 101 3. THE DIRECTOR, OFFICE AT ADDITIONAL COMMISSIONER, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, KALABURGI – 585 101 4. THE DEPUTY DIRECTOR, DEPARTMENT OF SCHOOL EDUCATION, BELLARY DISTRICT, BELLARY – 583 101 5. THE BLOCK EDUCATION OFFICER, KURUGODU TALUK, KURUGODU, BELLARY DISTRICT – 583 116 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15086 WP No. 2130 of 2026 6. THE BLOCK EDUCATION OFFICER, EAST ZONE, BELLARY TOWN – 583 101 7. SHRI BABU REDDY H., S/O HANUMANTHREDDY, AGED ABOUT 55 YEARS, WORKING AS ASSISTANT TEACHER, SHRI MALLESHWARA HIGHER PRIMARY SCHOOL, MOKA, BALLARY EAST, BALLARY DISTRICT – 583 101 8. SMT. MAHESHWARI KUNDUR, AGED ABOUT 50 YEARS, WORKING AS ASST. TEACHER, S.E.S. HIGHER PRIMARY SCHOOL, SANDURU – 583 119. …RESPONDENTS (BY SRI. SPOORTHY HEGDE, AGA FOR R1 TO R6; SRI. THYAGARAJA S., ADVOCATE FOR R7 & R8) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN REVISION PETITION NO.18/2025 WHICH WAS BEFORE THE THE PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, M.S. BUILDING, BENGALURU, AND ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED 09.01.2026, PASSED BY THE AUTHORITY BEFORE THE PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, M.S. BUILDING, BENGALURU, PASSED THE IMPUGNED ORDER IN REVISION PETITION NO.18/2025 I.E. ANNEXURE G, AS BEING ILLEGAL, ARBITRARY, AND CONTRARY TO THE PROVISIONS OF THE KARNATAKA EDUCATION ACT, 1983 AND THE RULES, 1999 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:15086 WP No. 2130 of 2026 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs:- 1. Call for the records in Revision Petition No.18/2025 which was before the Principal Secretary, Department of School Education and literacy, M.S. Building, Bengaluru, and Issue a writ of certiorari or any other appropriate writ, order or direction, quashing the impugned order dated 09.01.2026, passed by the authority before the Principal Secretary, Department of school Education and Literacy, M.S. Building, Bengaluru, passed the impugned order in Revision Petition No.18/2025 i.e., Annexure-G, as being illegal, arbitrary, and contrary to the provisions of the Karnataka Education Act, 1983 and the Rules, 1999; 2. Issue a writ of mandamus or any other appropriate direction restraining the Respondent No.1 to 6 form interfering with the internal administration and management of the Petitioner’s aided educational institutions, particularly in matters relating to posting and transfer of teachers, except in accordance with law; 3. Declare that the transfer of teachers (Respondent No.7 and 8) effected by the Field Education Officers without the consent of the Petitioner-Management and without following Rule 12 of the Karnataka Educational Institutions (Recruitment and Terms and Conditions of Service of Employees) Rules, 1999, is illegal, void, and unenforceable; - 4 - HC-KAR NC: 2026:KHC:15086 WP No. 2130 of 2026 4. Restrain the Respondent No.1 to 6 from taking any coercive action, including withdrawal of grant-in-aid, cancellation of recognition, or initiation of adverse proceedings against the Petitioner’s institutions, pending adjudication of the legality of the disputed transfers; 5. Pass such other or further orders as this Hon’ble Court may deem fit, proper, and necessary in the interest of justice and equity.” 2. Heard learned counsel for the petitioner, learned AGA for respondent Nos.1 to 6 and learned counsel for respondent Nos.7 and 8 and perused the material on record. 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner submits that aggrieved by the transfer order dated 25.04.2023, the petitioner has filed a revision petition in R.P.No.60/2025, which is pending before the Principal Secretary, Department of School Education and Literacy, M. S. Building, Bengaluru. Prior to the interim order dated 09.01.2026 passed by the very same authority in a revision petition filed by respondent Nos.7 and 8 dated 09.01.2026 and since the subject matter of both petitioner are one and the same, the impugned order may be set aside and the matter may be remitted back to respondent No.1 for - 5 - HC-KAR NC: 2026:KHC:15086 WP No. 2130 of 2026 reconsideration of the Revision Petition No.3/2025 (Old No.18/2025) filed by respondent Nos.7 and 8 along with Revision Petition No.60/2025 filed by the petitioner together, in accordance with law, within a stipulated time frame. 4. In view of the aforesaid facts and circumstances and joint submissions made by both sides, though several contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to set aside the impugned order at Annexure-G by issuing certain directions. 5. In the result, I pass the following: ORDER (i) The petition is hereby disposed of. (ii)The impugned order at Annexure-G dated 09.01.2026 passed in R.P.No.3/2025 (Old No.18/2025) is hereby set aside. (iii) The matter is remitted back to respondent No.1 for reconsideration of the R.P.No.3/2025 (Old No.18/2025) along with R.P.No.60/2025 within a period of one month from the date of receipt of a copy of this order. - 6 - HC-KAR NC: 2026:KHC:15086 WP No. 2130 of 2026 (iv) Respondent Nos.7 and 8 shall appear before respondent No.1 on 24.03.2026 without awaiting further notice. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC: List No.: 1 Sl No.: 46