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2026 DAILYLAW 6264 (KAR)

SRI. CHANDRU. P v. STATE OF KARNATAKA

WP/27228/2025 · 2026-03-03

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:12883 WP No. 27228 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.27228 OF 2025 (S-TR) BETWEEN: SRI. CHANDRU P., S/O PUTTASWAMY, AGED ABOUT 43 YEARS, WORKING AS GROUP-D EMPLOYEE, O/O BANAKAL HIGH SCHOOL, BANAKAL VIDYA SAMSTHE, BANAKAL, MUDIGERE TALUK, CHIKKAMANGALURU – 577 113 …PETITIONER (BY SRI. V. LAKSHMINARAYANA, SENIOR COUNSEL FOR SMT. ANUSHA L., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPT. OF PRIMARY & SECONDARY EDUCATION, 3RD GATE, MS BUILDING, BENGALURU – 560 001. 2. STATE OF KARNATAKA REP. BY ITS COMMISSIONER, COMMISSIONERATE OF PUBLIC INSTRUCTION, DEPARTMENT OF SCHOOL EDUCATION, NRUPATHUNGA ROAD, BENGALURU – 560 001. 3. STATE OF KARNATAKA REP. BY ITS DIRECTOR (SECONDARY EDUCATION), O/O COMMISSIONERATE OF PUBLIC INSTRUCTION, DEPARTMENT OF SCHOOL EDUCATION, NRUPATHUNGA ROAD, BENGALURU – 560 001. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:12883 WP No. 27228 of 2025 4. STATE OF KARNATAKA, REP. BY ITS DEPUTY DIRECTOR (ADMINISTRATION) DEPARTMENT OF SCHOOL EDUCATION, CHIKKAMAGALURU – 577 101. 5. BLOCK EDUCATION OFFICER, DEPARTMENT OF SCHOOL EDUCATION, MUDIGERE – 577 111. 6. THE SECRETARY, BANAKAL VIDYA SAMSTHE (R), BANAKAL, MUDIGERE TALUK, CHIKKAMAGALURU – 577 113. 7. THE SECRETARY, SHREE SEVALAL VIDYA SAMSTHE (SCST) (R), HANDRALU, ARASIKERE TALUK, HASSAN – 573 122. …RESPONDENTS (BY SRI. SPOORTHY HEGDE, AGA FOR R1 TO R5; R6 & R7 SERVED BUT UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER DATED 25.06.2025 IN ±Á²C ªÀUÁð C£ÀÄ 1773625/2025-26 PASSED BY RESPONDENT NO.3 (ANNEXURE-O) AND THE ENDORSEMENT DATED 21.07.2025 ¸ÀASÉå: J6/±Á²E/ªÀUÁðªÀuÉ/06/2025-26 ISSUED BY RESPONDENT NO.5 (ANNEXURE-Q) AS ARBITRARY, VIOLATIVE OF ARTICLES 16 AND 21 OF CONSTITUTION OF INDIA AND ETC., THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2026:KHC:12883 WP No. 27228 of 2025 ORAL ORDER In this petition, petitioner seeks the following reliefs: “a) Issue a writ of certiorari to quash the order dated 25.06.2025 in ±Á²C ªÀUÁð C£ÀÄ 1773625/2025-26 passed by respondent No.3 (Annexure-O) and the endorsement dated 21.07.2025 ¸ÀASÉå: J6/±Á²E/ªÀUÁðªÀuÉ/06/2025-26 issued by respondent No.5 (Annexure-Q) as arbitrary, violative of Articles 16 and 21 of Constitution of India; b) Issue a writ of mandamus directing the respondents to consider the case of the petitioner on the principle of parity on the lines of the order dated 19.10.2020 as per Annexure-S; c) Issue a writ of mandamus directing the respondents that as per Note 2 of the Notification dated 26.09.2017, the post at Banakal, Banakal High School, Mudigere Taluk may be treated as unaided and post at Sevalal High School, Sakharepattna, Birur Range, Chikmagaluru District where the petitioner is now seeking transfer may be treated as aided post in terms of the notification dated 26.09.2017 (Annexure- R); d) Pass any appropriate writ or orders as deems fit by this Hon’ble Court in the circumstances of the case.” 2. Heard learned Senior Counsel for the petitioner and learned AGA for respondent Nos.1 to 5 and perused the material - 4 - HC-KAR NC: 2026:KHC:12883 WP No. 27228 of 2025 on record. Respondent Nos.6 and 7 having been served with notice of the petition have chosen to remain unrepresented and have not contested the petition. 3. A perusal of the material on record will indicate that the petitioner having been appointed as a Group-D employee on compassionate grounds after the demise of his father late Puttaswamy, is presently working as a Group-D employee at Mudigere Taluk, Chikmagalur District. The petitioner subsequently made a request seeking transfer from Mudigere to Sakharayapattana, which was rejected by respondent No.3 vide impugned order at Annexure-O dated 25.06.2025 followed by the impugned endorsement at Annexure-Q dated 21.07.2025 and as such, petitioner is before this Court by way of the present petition. 4. Learned Senior Counsel for the petitioner submits that apart from the fact that the impugned order and endorsement rejecting the request of the petitioner for transfer from Mudigere to Sakharayapattana, is illegal, arbitrary and contrary to law, having regard to the transfer granted in favour of identically / similarly situated employee Ravishankar H.S., the petitioner is entitled to - 5 - HC-KAR NC: 2026:KHC:12883 WP No. 27228 of 2025 seek transfer in terms of Notification at Annexure-R dated 26.09.2017 and as such, the present petition deserves to be allowed by quashing the impugned order and endorsement. 5. Per contra, learned AGA has filed a memo enclosing copy of the Communication addressed to respondent No.5 intimating that they have no objection for the petitioner to be transferred from Mudigere to Sakharayapattana. 6. In view of the aforesaid facts and circumstances and the memo filed by learned AGA to the effect that Sree Sevalal High School, Sakarayapattana, Birur Valaya, Chikmagalur District, has a vacancy in relation to the post where the petitioner is presently working at Mudigere and they have no objection for the petitioner to be transferred to the said post, I deem it just and appropriate to quash the impugned order dated 25.06.2025 and endorsement dated 21.07.2025 and direct the respondents to transfer the petitioner from Banakal High School, Mudigere Taluk to Sree Sevalal High School, Sakarayapattana, Birur Valaya, Chikmagalur District, immediately upon receipt of a copy of this order and at any - 6 - HC-KAR NC: 2026:KHC:12883 WP No. 27228 of 2025 rate within a period of four weeks from the date of receipt of a copy of this order. 7. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned order at Annexure – O dated 25.06.2025 and the impugned endorsement at Annexure – Q dated 21.07.2025 passed / issued by respondent Nos.3 and 5, respectively, are hereby set aside. (iii) The concerned respondent Nos.1 to 4 are directed to transfer the petitioner from Banakal High School, Mudigere Taluk to Sree Sevalal High School, Sakarayapattana, Birur Valaya, Chikmagalur District, within a period of four weeks from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 29