Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 53185 (KAR)

SMT MAHADEVI GIDDAPPA v. THE VICE CHANCELLOR

WP/104437/2024 · 2026-01-05

K S Hemalekha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC-D:21 WP No. 104437 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 104437 OF 2024 (S-TR) BETWEEN: SMT. MAHADEVI GIDDAPPA AGED ABOUT 46 YEARS, OCC: SENIOR ASSISTANT, VETERINARY SCIENCES UNIVERSITY GADAG. …PETITIONER (BY SRI. VIDYASHANKAR G.DALWAI, ADVOCATE) AND: 1. THE VICE CHANCELLOR KARNATAKA VETERINARY ANIMAL AND FISHERIES SCIENCES UNIVERSITY, BIDAR-585401. 2. THE REGISTRAR KARNATAKA VETERINARY ANIMAL AND FISHERIES SCIENCES UNIVERSITY, BIDAR-585401. 3. THE DEAN VETERINARY SCIENCE COLLEGE, HOMBAL ROAD, GADAG-582102. …RESPONDENTS (BY SMT. ARUNA R.DESHPANDE, ADVOCATE FOR R2; NOTICE TO R1 AND R3 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER BEARING NO. KUSA.SHIKSHETARA.SIBANDI.SA.VARGAVANE.2024-25/1442 DATED 06/07/2024 PASSED BY THE RESPONDENT NO.1 VIDE ANNEXURE-L. AND ISSUE A WRIT OF CERTIORARI AND QUASH IMPUGNED CIRCULAR BEARING NO. KUSA.VARGAVANE.SIBAND.BIDUGADE.2024- 25 DATED 20/07/2024 PASSED BY RESPONDENT NO.1 VIDE ANNEXURE-M AND ETC. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.08 11:13:54 +0530 - 2 - HC-KAR NC: 2026:KHC-D:21 WP No. 104437 of 2024 THIS WRIT PETITION COMING ON FOR FINAL HEARING, THIS DAY ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER The petitioner has approached this Court calling in question the transfer order dated 06.07.2024 and the consequential circular dated 20.07.2024, issued by the respondent-University, whereby the petitioner has been prematurely transferred from Veterinary Science College, Gadag to the Finance Control Department, Karnataka Veterinary, Animal and Fisheries Sciences University, Bidar. 2. The matter, though listed for orders on the interlocutory application, is taken up for final disposal with the consent of learned counsel appearing for both the parties. Brief facts: 3. The petitioner was appointed as an Assistant in the respondent-University in the year 2013 and her probation was declared satisfactorily. Over the years, she - 3 - HC-KAR NC: 2026:KHC-D:21 WP No. 104437 of 2024 was transferred to different units of the University and lastly came to be posted as Veterinary Science College, Gadag, where she joined duty on 24.05.2022. 4. While the petitioner was posted at Gadag, the impugned transfer order dated 06.07.2024 was issued transferring her to Bidar, followed by a circular dated 20.07.2024, directing implementation by relieving employees. Aggrieved by the said premature transfer and immediately relieving direction, the petitioner has filed the present writ petition. This Court granted an interim order of stay on 26.07.2024. 5. Learned counsel for the petitioner submits that the impugned transfer is in violation of the transfer guidelines of the University (Annexure-N), which mandates that the transfers shall normally be effected only during April-May and after completion of the minimum 5 years. The petitioner has completed less than 2 years at Gadag, - 4 - HC-KAR NC: 2026:KHC-D:21 WP No. 104437 of 2024 whereas the guidelines contemplate a longer 5 years, and no exceptional circumstances are recorded. 6. It is contended that no disciplinary proceedings are pending against the petitioner and no specific reasons are assigned except a bald reference to “interest of University work”. It is submitted that the impugned order is arbitrary and without application of mind and so also the consequential circular. 7. Per contra, learned counsel for the respondent- University contends that the transfer was made in extraordinary circumstances in the interest of University administration. Certain complaints and audit related issues necessitated strengthening of the account section at the University headquarters. The petitioner is experienced in accounts works and her services are required at Bidar. The transfer is a matter of administrative policy, and unless mala fides or violation of rules is demonstrated, this Court should not interfere and submits that the interim order - 5 - HC-KAR NC: 2026:KHC-D:21 WP No. 104437 of 2024 deserves to be vacated as the petitioner has not made out any prima facie case. 8. Upon careful consideration of the rival submission and perusal of the material on record, this Court finds that the “transfer guidelines” (Annexure-N) unequivocally provides that the transfer shall normally be made during April and May, and any transfer beyond the said period can be effected only in extraordinary circumstances, with reasons recorded in writing. In the present case, the impugned transfer is made in the month of July, and the order does not disclose any specific or cogent reasons, except a general statement that it is in the “interest of University work”. The petitioner has admittedly completed less than 2 years at the present place of posting. No material is placed on record to demonstrate existence of circumstances warranting such premature transfer. 9. Administrative exigency, though a relevant consideration, cannot be invoked in a routine or a - 6 - HC-KAR NC: 2026:KHC-D:21 WP No. 104437 of 2024 mechanical manner, especially when the governing guidelines themselves requires recording of reasons. Respondent's reliance on general principles that the transfer is a matter of policy does not assist them, as the present case involves non-adherence to the self-framed guidelines, rendering the action arbitrary. Accordingly, this Court is of the considered view that the impugned transfer order and the circular do not withstand the judicial scrutiny and is liable to be interfered with. 10. For the foregoing reasons, this Court pass the following; ORDER i. The writ petition is allowed. ii. The impugned order of transfer dated 06.07.2024 issued by the respondent No.1- University (Annexure-L) and the consequential circular dated 20.07.2024 (Annexure-M) - 7 - HC-KAR NC: 2026:KHC-D:21 WP No. 104437 of 2024 directing immediate implementation are hereby quashed. iii. The petitioner shall be continued at her present place of posting, in accordance with law. iv. All pending Interlocutory Applications stand disposed of. Sd/- JUSTICE K.S.HEMALEKHA AT CT:VH List No.: 1 Sl No.: 28