- 1 - HC-KAR NC: 2026:KHC:14541-DB WP No. 16605 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 16605 OF 2025 (S-KSAT) BETWEEN: 1. SMT. KALPASHREE C.K., W/O. KESHAVAMURTHY S.H., AGED ABOUT 39 YEARS, WORKING AS PRIMARY SCHOOL TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, SINDHUVALLY, ALUR TALUK, HASSAN DISTRICT - 573 213. R/AT LAKSHMIVENKATESHWARA NILAYA, SHESHACHALA VATARA, NEAR DUBAI ANGADI CIRCLE, ARYABHATA ROAD, DASARAKOPALU, HASSAN - 572 201. …PETITIONER (BY SRI P.H. VIRUPAKSHAIAH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, M S BUILDING, DR. BR AMBEDKAR VEEDHI, BENGALURU 560 001. Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14541-DB WP No. 16605 of 2025 2. THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTION, KR CIRCLE, BENGALURU - 560 001. 3. THE JOINT DIRECTOR DEPARTMENT OF PUBLIC INSTRUCTION, MYSURU DIVISION, MYSURU - 570 001. 4. THE DEPUTY DIRECTOR OF SCHOOL EDUCATION AND LITERACY, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, HASSAN DISTRICT, HASSAN - 577 102. …RESPONDENTS (BY SRI V. SHIVAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO GRANT THE FOLLOWING RELIEFS. ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION IN THE SIMILAR NATURE QUASHING THE IMPUGNED ORDER DATED 30/01/2025 IN APPLICATION NO.3419/2024 VIDE ANNEXURE-A PASSED THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BANGALORE AND ORDER BEARING NO.C1 PRASHASHI.K.S.A.T DHAVA ARJI/04/2023-24 DATED 16.05.2024 VIDE ANNEXURE-A13 PASSED BY THE 4TH RESPONDENT AUTHORITY HOLDING THE SAME ARE ILLEGAL AND WITHOUT APPLICATION OF MIND AND ETC,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:14541-DB WP No. 16605 of 2025 CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioner, a Primary School Teacher is before this Court aggrieved by order dated 30.01.2025 in Application No.3419/2024 passed by the Karnataka State Administrative Tribunal, Bengaluru (for short, 'the Tribunal') rejecting her prayer to quash the endorsement dated 16.05.2024, wherein her request for transfer was rejected. 2. Heard Sri P.H. Virupakshaiah, learned counsel for the petitioner and Sri V. Shivareddy, learned Additional Government Advocate for the respondents, and perused the entire writ petition papers. 3. Sri P.H. Virupakshaiah, learned counsel for the petitioner would submit that the petitioner was initially appointed in the year 2008 as Science Kannada Medium Teacher and it is the contention of learned counsel for the petitioner that instead of posting the petitioner to teach Science subject, the petitioner has been posted to teach Kannada - 4 - HC-KAR NC: 2026:KHC:14541-DB WP No. 16605 of 2025 subject. Further, learned counsel would submit that as on the date of counselling, the petitioner had one year child and in terms of Notification dated 22.07.2020 i.e., Karnataka State Civil Services (Regulation of Transfer of Teachers) Rules, 2020 (for short, '2020 Rules'), the petitioner ought to have been provided protection, which the respondents failed to provide. 3.1 It is further submitted that the Tribunal failed to appreciate the above contention and the Tribunal solely on the ground that the order of transfer is already implemented, rejected the petitioner's application. Learned counsel would further submit that in the first instance in Application No.4315/2023, the Tribunal had directed the authorities to consider the application of the petitioner and to pass appropriate order. Learned counsel would submit that the representation of the petitioner was not considered in accordance with law and in terms of 2020 Rules. Therefore, he would pray for appropriate order. 4. Sri V. Shivareddy, learned Additional Government Advocate appearing for the respondents would support the order passed by the Tribunal and further submits that the - 5 - HC-KAR NC: 2026:KHC:14541-DB WP No. 16605 of 2025 ground raised by the petitioner as on this date is not available to her and the petitioner is working at transferred place for more than two and half years. Thus, learned AGA would submit that the petitioner would not be entitled to any relief and it is open for the petitioner to participate in the next counselling if she is eligible in terms of 2020 Rules. 5. Having heard the learned counsel for the parties, we are not inclined to interfere with the order passed by the Tribunal. 6. The first ground that, the petitioner is appointed as Science teacher and the respondents could not have posted her to teach Kannada subject cannot be appreciated. The petitioner has placed on record the order of appointment at Annexure-A1 dated 26.09.2008. The Subjects indicated therein would read "ಕನಡ-ಾನ". When the petitioner is appointed to teach Kannada and Science subjects, it is not open for the petitioner to contend that the petitioner is appointed to teach Science subject in Kannada Medium. The petitioner is expected to teach both Kannada as well as Science subjects. - 6 - HC-KAR NC: 2026:KHC:14541-DB WP No. 16605 of 2025 7. Insofar as the contention that as on the date of counselling, the petitioner had one year child and she ought to have been granted the exemption under 2020 Rules, would not survive for consideration at this stage. As on this date, the said ground is not available to the petitioner. Since as on this date, the child is more than 3 and half years old. Moreover, it is seen that the petitioner has served in the earlier place for more than 15 years and there is no justification for the petitioner to seek continuation of her service in the same place. Therefore, we do not find any error in the order of the Tribunal. 8. It is open for the petitioner to participate in the next counselling if she is eligible in terms of 2020 Rules. 9. In view of the above, writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE DDU/List No.: 1 Sl No.: 22