- 1 - HC-KAR CNR: KAHC010514502026 NC: 2026:KHC:41726-DB WP No. 23060 of 2026 C/W WP No. 23066 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO. 23060 OF 2026 (S-KSAT) C/W WRIT PETITION NO. 23066 OF 2026 (S-KSAT) IN WP No. 23060/2026: BETWEEN: SRI SURESH B S/O. S. BASAVARAJAPPA, AGED ABOUT 59 YEARS, WORKING AS ASSISTANT DRUGS CONTROLLER-II, TUMKUR CIRCLE, TUMKUR, R/AT. 11TH C, CROSS, UDAYA NIVAS, MAHALAKSHMI NAGAR, BATAVADE, TUMKUR 572 102. …PETITIONER (BY SRI. V R SARATHY.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, VIKAS SOUDHA, BANGALORE-560 001. 2. THE COMMISSIONER, FOOD SAFETY AND DRUGS ADMINISTRATIONS, PALACE ROAD, BANGALORE - 560 001. Digitally signed by G SHREERAKSHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010514502026 NC: 2026:KHC:41726-DB WP No. 23060 of 2026 C/W WP No. 23066 of 2026 3. SMT. NAGAJYOTHI. K.S, MAJOR WORKING AS ASSISTANT DRUGS CONTROLLER-1, BENGALURU CIRCLE-5, DRUGS CONTROL OFFICE, PALACE ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI.VIJAYA SIMHA REDDY D V., ADVOCATE FOR C/R3 IN CP NO.17854/2026 AND ACCEPT THE NOTICE FOR R3; SRI.REUBEN JACOB., AAG A/W SRI.K R RAJENDRA., AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE AN APPROPRIATE WRIT ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN A.NO.2763/2026 DATED 21/07/2026 (ANNEXURE-A) AND CONSEQUENTLY ALLOW THE A.NO.2763/2026 AS PRAYED FOR QUASHING THE IMPUGNED OFFICE ORDER BEARING NO.A.AO.4A/403(1)/SIBBANDI/2026, DATED 02/06/2026 (ANNEXURE-A10) AND THE CONSEQUENTIAL OFFICE ORDER BEARING NO.A.AOU.A/403(1)/SIBBANDI/2026, DATED 02/06/2026 (ANNEXURE-A11), MARKED IN ANNEXURE-B ISSUED BY THE 2ND RESPONDENT TRANSFERRING THE 3RD RESPONDENT AS ASSISTANT DRUGS CONTROLLER-2, TUMKUR CIRCLE IN THE PLACE OF THE APPLICANT/PETITIONER AT SL.NO.2 IS CONCERNED AND ETC., IN WP NO. 23066/2026: BETWEEN: SRI.MOHAMMED JOWHER KHALID S/O B I ABDUL SUBHAN, AGED ABOUT 52 YEARS, WORKING AS ASSISTANT DRUGS CONTROLLER, MANDYA CIRCLE, MANDYA, R/AT NO. 4144, 3RD CROSS, V V LAYOUT, YETHAGADAHALLI ROAD, MANDYA 571 403. ...PETITIONER (BY SRI. V R SARATHY.,ADVOCATE) - 3 - HC-KAR CNR: KAHC010514502026 NC: 2026:KHC:41726-DB WP No. 23060 of 2026 C/W WP No. 23066 of 2026 AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, VIKAS SOUDHA, BANGALORE 560 001. 2. THE COMMISSIONER FOOD SAFETY AND DRUGS ADMINISTRATIONS, PALACE ROAD, BANGALORE 560 001. 3. SMT. SHYLAJA D S MAJOR, WORKING AS ASSISTANT DRUGS CONTROLLER-2, BENGALURU CIRCLE-5, DRUGS CONTROL OFFICE, PALACE ROAD, BENGALURU 560 001. ...RESPONDENTS (BY SRI.VIJAYA SIMHA REDDY D V., ADVOCATE FOR C/R3 IN CP NO.17854/2026 AND ACCEPT THE NOTICE FOR R3; SRI.REUBEN JACOB., AAG A/W SRI.K R RAJENDRA., AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE AN APPROPRIATE WRIT ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN A.NO.2767/2026 DATED 21/07/2026 (ANNEXURE-A) AND CONSEQUENTLY ALLOW THE A.NO.2767/2026 AS PRAYED FOR QUASHING THE IMPUGNED OFFICE ORDER BEARING NO.A.AOU.4A/403(1)/SIBBANDI/2026, DATED 02/06/2026 (ANNEXURE-A12) AND THE CONSEQUENTIAL OFFICE ORDER BEARING NO.A.AOU.A/403(1)/SIBBANDI/2026, DATED 02/06/2026 (ANNEXURE-A13), MARKED IN ANNEXURE-B ISSUED BY THE 2ND RESPONDENT TRANSFERRING THE 3RD RESPONDENT AS ASSISTANT DRUGS CONTROLLER-2, TUMKUR CIRCLE IN THE PLACE OF THE APPLICANT PETITIONER AT SL.NO.3 IS CONCERNED AND ETC., - 4 - HC-KAR CNR: KAHC010514502026 NC: 2026:KHC:41726-DB WP No. 23060 of 2026 C/W WP No. 23066 of 2026 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The above two writ petitions are taken up together, heard and disposed of by this common order since both the petitions related to transfer arising from Karnataka State Civil Services (Regulation of Transfer of Medical Officers and Other staff) Rules, 2025 (hereinafter referred to as 'the Rules, 2025') relating to Commissionerate of Food Safety and Drug Administration. 2. On 05.08.2026, this Court passed the following order: "Learned AGA files affidavits of the Commissioner as well as Principal Secretary to Government, Health and Family Welfare Department and the same are taken on record. On hearing learned counsel for both the parties, the Court expressed that the entire counseling is contrary to the Karnataka State Civil Services (Regulation of Transfer of Medical Officers - 5 - HC-KAR CNR: KAHC010514502026 NC: 2026:KHC:41726-DB WP No. 23060 of 2026 C/W WP No. 23066 of 2026 and other Staff) Rules, 2025 (for short "2025 Rules"). On pointing out to the learned Additional Advocate General Sri.Reuben Jacob that the entire counseling and not providing posting to the petitioner is contrary to 2025 Rules, on instructions, he submits that the entire counseling process would be re-done. Taking note of the above submission, we direct the learned Additional Advocate Genera to file a memo of the respondents to that effect and also to withdraw the impugned transfer orders and to maintain status-quo ante to the order of transfer Re-list on 07.08.2026". 3. In pursuance of the above order, learned AAG Sri.Reuben Jacob files memo dated 07.08.2026 along with memorandum dated 06.08.2026 issued by the Commissioner of Food, Safety and Drugs Administration Department. The memo dated 07.08.2026 reads as follows: "1. The Respondent No.2 in terms of the undertaking recorded in the order dated 05.08.2026 has issued a memorandum dated 06.08.2026 withdrawing the transfer order dated 02.06.2026, intimating that Re- conselling will be held in terms of the vacancy list published on 25.05.2026. Copy of the said memorandum dated 06.08.2026 is produced herewith as ANNEXURE-R1. - 6 - HC-KAR CNR: KAHC010514502026 NC: 2026:KHC:41726-DB WP No. 23060 of 2026 C/W WP No. 23066 of 2026 2. It is submitted that Re-conselling will be held in terms of the vacancy list published on 25.05.2026 by publishing the eligibility list and priority list afresh and all the officers in the priority list will be called for counseling. However, transfer by counseling will be restricted to 15% of the working strength in terms of Rule 10(6) of the Karnataka State Civil Services (Regulation of Transfer of Medical Officers and Other Staff) Rules, 2025 (for short "Transfer Rules"). In the event, any officer in the priority list beyond 15% is displaced due to the deemed vacancy occupied by him being opted by any other officer, that displaced officer will be permitted to opt for a posting in the same counseling out of the remaining vacancies as per priority. 3. Wherefore, it is prayed that this Hon'ble Court may be pleased to take this memo on record, in the interest of justice and equity". 4. Learned AAG Sri.Reuben Jacob submits that the transfer memorandum order dated 02.06.2026 is withdrawn by issuing memorandum dated 06.08.2026. Further, he would submit that re-counseling would be held in terms of the vacancy list published on 25.05.2026. While conducting re-counseling, fresh procedure from the stage of publishing vacancy list dated 25.06.2026 would be followed. - 7 - HC-KAR CNR: KAHC010514502026 NC: 2026:KHC:41726-DB WP No. 23060 of 2026 C/W WP No. 23066 of 2026 5. Learned counsel Sri.V R Sarathy for the petitioners has no objection for conducting fresh counseling. However, he submits that, in terms of the Rules, 2025, the transfer shall not exceed 15% of the working strength in the respective cadre. It is further submitted that, the petitioners would fall outside 15% and, as such, they would be not liable for transfer. However, he admits that their name appears in the vacancy list published on 25.05.2026. Further, it is noticed that the vacancy list published on 25.05.2026, the post in which the petitioners are working is also shown as deemed vacancy. The 15% ceiling would be applicable to ultimate transfer that would take place from the working strength of the respective cadre. The 15% cap may not apply to calling for counseling or publishing eligibility list or publishing vacancy list. While implementing the provisions of the Rules, 2025, there may be minor abrasions which shall have to be ignored. - 8 - HC-KAR CNR: KAHC010514502026 NC: 2026:KHC:41726-DB WP No. 23060 of 2026 C/W WP No. 23066 of 2026 6. Since the respondents - State has already withdrawn the transfer order dated 02.06.2026, quashing the same would not arise. However, placing the memo filed by the respondents - Stated dated 07.08.2026 on record, the above writ petitions stands disposed of. 7. It is made clear that the respondents shall effect transfer by counseling strictly in accordance with Rules, 2025. Sd/- (S.G.PANDIT) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE GSR List No.: 1 Sl No.: 5