- 1 - HC-KAR NC: 2026:KHC:6133-DB WP No. 12804 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 12804 OF 2024 (S-KSAT) BETWEEN: 1. DR. DYAVAPPA B. M., S/O LATE MUNISHAMAPPA, AGED ABOUT 42 YEARS, RESIDING AT BELLAHALLI, VEMAGAL HOBLI, SANTHEKALLAHALLI POST, KOLAR-563128. …PETITIONER (BY SRI SAILESH S. KATAREY, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, M. S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALORE-500001. 2. THE COMMISSIONER, DEPARTMENT OF COLLEGIATE AND TECHNICAL EDUCATION, UNNATHA SHIKSHANA SOUDHA, Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6133-DB WP No. 12804 of 2024 SHEHADRI ROAD, BANGALORE-560001. 3. SRI SRINIVASA S., AGED ABOUT 50 YEARS, WORKING AS ASSISTANT PROFESSOR OF PHYSICS, (UNDER ORDER OF TRANSFER), GOVERNMENT FIRST GRADE COLLEGE, CHIKKABALLAPURA-562101. …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER OF THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION No.3651/2023, DATED 19.03.2024 AT ANNEXURE-A ETC. 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 Sailesh S. Katarey, learned counsel for the petitioner and Smt. B. Sukanya Baliga, learned Additional Government Advocate for respondent Nos.1 and 2. 2. The unsuccessful applicant in Application No.3651/2023 has preferred the present petition challenging the order dated - 3 - HC-KAR NC: 2026:KHC:6133-DB WP No. 12804 of 2024 19.03.2024 passed by the Karnataka State Administrative Tribunal, Bengaluru (for short, “the Tribunal”). 3. The petitioner was appointed as an Assistant Professor of Physics and was posted to the Government College for Women, Kolar. He continued in the said post from the date of his appointment until transfers were effected pursuant to the Karnataka Civil Services (Regulation of Transfer of Teaching Staff of the Department of Collegiate Education) Rules, 2021 (for short, “the Rules, 2021”), notified on 29.01.2021. 3.1 Under the Rules, 2021, transfers were to be effected through counseling. When counseling was conducted based on seniority, the petitioner opted for Government College for Boys, Kolar, against a vacant post. It is stated that the Counselling Committee did not permit him to select the said post and instead transferred him to the Government First Grade College, Chikkaballapura. 3.2 Aggrieved by the denial of his selection to the post at Government College for Boys, Kolar, the petitioner preferred an application before the Tribunal. The Tribunal, after taking note - 4 - HC-KAR NC: 2026:KHC:6133-DB WP No. 12804 of 2024 of the Government Order dated 27.07.2023, which restricted selection of a college in the same place, dismissed the application. 4. Sri Sailesh S. Katarey, learned counsel appearing for the petitioner, submits that the petitioner has been serving as an Assistant Professor of Physics at the Government College for Women, Kolar, for the past 14 years. He further submits that the petitioner is suffering from Lymphadenitis (Tuberculosis) and requires continuous treatment at R.L. Jalappa Hospital, Kolar, at intervals of every 15 days. It is contended that, when a vacant post was available at Government College for Boys, Kolar, denial of the option to select the said post is in violation of Rules 2(e) and 2(q) of the Rules, 2021. 4.1 Learned counsel submits that Rules 2(e) and 2(q) do not impose any restriction on opting for a posting in another college situated in the same place. It is further contended that a Government Order cannot introduce a restriction which is not contemplated under the Rules. Learned counsel, without prejudice to the aforesaid contentions, further submits that - 5 - HC-KAR NC: 2026:KHC:6133-DB WP No. 12804 of 2024 when a vacancy exists in the same place, the case of the petitioner ought to be considered on humanitarian grounds. 5. Smt. B. Sukanya Baliga, learned Additional Government Advocate appearing for respondent Nos. 1 and 2, submits that the petitioner has been serving in the same post and at the same place since his appointment in the year 2009. It is contended that the petitioner has continued at Kolar for more than 14 years and that a transfer to another college in the same town would defeat the very object of introducing the counselling system under the transfer policy. 5.1 Learned Additional Government Advocate further submits that, in view of the Government Order dated 27.07.2023, the petitioner was rightly denied the option of selecting Government College for Boys, Kolar. It is therefore contended that the order passed by the Tribunal is justified and does not warrant interference by this Court. 6. We have considered the submissions made on either side and perused the records. - 6 - HC-KAR NC: 2026:KHC:6133-DB WP No. 12804 of 2024 7. The petitioner was appointed as an Assistant Professor of Physics at the Government College for Women, Kolar, on 02.09.2009 and continued at the said place for more than 14 years, until his transfer was effected in the year 2023. The petitioner does not have a vested right to continue at the same place. 8. The Rules, 2021 have been framed to regulate transfers through a counselling process based on seniority. In order to effectuate the object of transfer through counselling, the Government Order dated 27.07.2023 imposes a restriction disentitling the Government servant from selecting a vacant post in the same town or place. The said Government Order has not been challenged. 9. In that view of the matter, the order passed by the Tribunal, refusing to interfere having regard to the Government Order dated 27.07.2023, cannot be found fault with. We find no error or infirmity in the order of the Tribunal warranting interference. - 7 - HC-KAR NC: 2026:KHC:6133-DB WP No. 12804 of 2024 10. However, liberty is reserved to the petitioner to submit a representation to the respondent-authorities in the light of the specific plea that he is suffering from Lymphadenitis (Tuberculosis) and requires regular medical treatment at R.L. Jalappa Hospital, Kolar, at intervals of every 15 days. If such a representation is submitted, the respondent-authorities shall consider the same in accordance with law. 11. With the above observations, the writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE MV List No.: 1 Sl No.: 30