- 1 - HC-KAR NC: 2026:KHC:7691-DB WP No. 6523 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 6523 OF 2023 (S-KSAT) BETWEEN: SMT. PUSHPAVATHI H.M., W/O SRI THIPPESWAMY N. B., AGED ABOUT 52 YEARS, PRESENTLY WORKING AS HEAD MISTRESS, PALAVVANAHALLI, HIRIYUR TALUK, CHITRADURGA DISTRICT, CHITRADURGA - 577598 PERMANENTLY RESIDING AT ’PUSHPA KUNJ’, NEAR RUDSET, BANASHANKARI LAYOUT, CHITRADURGA – 577501. …PETITIONER (BY SRI. NARASIMHARAJU, ADV.) AND: 1. THE PRINCIPAL SECRETARY, PRIMARY AND SECONDARY EDUCATION, DEPARTMENT OF EDUCATION, M S BUILDING BENGALURU – 560001. 2. THE COMMISSIONER DEPARTMENT OF COLLEGIATE EDUCATION, NRUPATHUNGA ROAD, BENGALURU - 560002. 3. THE UNDER SECRETARY PRIMARY AND SECONDARY EDUCATION, DEPARTMENT OF EDUCATION, Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7691-DB WP No. 6523 of 2023 M S BUILDING BENGALURU - 560001. 4. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (DDPI) CHITRADURGA DISTRICT- 577598. …RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA FOR R1 TO R4) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE WRIT OF CERTIORARI BY QUASHING THE ORDER PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION NO.2781/2022 DATED 10/03/2023 ANNEXURE-A AND CONSEQUENTLY QUASH THE ORDER PASSED BY THE 2ND RESPONDENT DATED 20/06/2022 BEARING NO.EP 75 SOH 2019 AS PER ANNEXURE-A23 BY ALLOWING THE APPLICATION NO.2781/2022 AS PER ANNEXURE-BAND ETC. THIS PETITION, COMING ON FOR ORDERS, 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 S.G.PANDIT) The petitioner is before this Court questioning the correctness and legality of order dated 10.03.2023 in Application No.2781/2022 whereunder, the petitioner’s prayer to quash the order dated 20.06.2022 (Annexure- 23) canceling the appointment of petitioner as Headmistress, directed to be posted as Assistant Teacher, is rejected. - 3 - HC-KAR NC: 2026:KHC:7691-DB WP No. 6523 of 2023 2. Brief facts of the case are that: The petitioner was initially appointed as a Primary School Assistant Teacher by order of appointment dated 12.08.1992. It is stated that she was promoted as Assistant High School Teacher on 07.09.2009. While she was working as such, in pursuance to the Notification dated 05.11.2007 issued by the Karnataka Public Service Commission inviting application for the post of High School Headmistress/Head Masters, the petitioner is stated to have applied and participated in the selection process. The petitioner was selected as High School Headmistress under Notification dated 30.08.2012 (Annexure-A1) and she was posted as Headmistress to Government High School, Pu-Badani, Shirahatti Taluk, Gadag District. The order of appointment required the petitioner to report to duty within 15 days from the date of receipt of the order of appointment, failing which, it is stated that it would stand cancelled automatically. Subsequently, the petitioner under representation dated 21.01.2013 sought - 4 - HC-KAR NC: 2026:KHC:7691-DB WP No. 6523 of 2023 time to report to duty citing medical grounds under memorandum dated 19.12.2013 (Annexure-A3). Petitioner was granted one month time to report to duty from the date of receipt of the said memo dated 19.12.2013. Thereafter, under Notification dated 01.01.2014 (Annexure-A5), the petitioner was posted as Lecturer of DIETI, Chitradurga. However, prior to posting the petitioner to DIETI, Chitradurga, under memorandum dated 30.12.2013 (Annexure-A7), one Smt. C T Sowmya Kumari was posted as Lecturer of DIETI, Chitradurga. The petitioner submitted her duty report on 06.01.2014 (Annexure-A8). On submission of duty report by the petitioner, the Principal, DIETI, Chitradurga, under letter dated 06.01.2014 (Anenxure-A9) sought clarification from the second respondent – Commissioner with regard to accepting duty report of the petitioner under memorandum dated 31.01.2014 (Annexure-A11), the Deputy Director, Public Instructions, Chitradurga, directed the petitioner to report to duty by her earlier posting i.e., - 5 - HC-KAR NC: 2026:KHC:7691-DB WP No. 6523 of 2023 High School Teacher at Government High School, Kote, Chitradurga. Thereafter, under Official Memorandum dated 11.09.2019 (Anenxure-R5), the petitioner was posted as Assistant Master, Government High School, Chikkanahalli, Sria Taluk. However, under Notification dated 20.02.2021 (Annexure-A16), the said Official Memorandum dated 11.09.2019 was modified by the first respondent and the petitioner was posted as Headmistress, Government High School, Palavanahalli, Hiriyuru Taluk, Chitradurga District. In terms of Annexure-A18 dated 24.02.2021, the petitioner is said to have reported to duty. While there was correspondence for issuance of first Pay Certificate, show cause notice dated 04.04.2022 (Anenxure-A22) came to be issued to the petitioner calling upon the petitioner to submit her reply as to why her appointment as Headmistress should not be cancelled. Thereafter, under impugned order dated 20.06.2022 (Anenxure-A23), the Notification dated 20.02.2021 (Anenxure-A16) was withdrawn and it was - 6 - HC-KAR NC: 2026:KHC:7691-DB WP No. 6523 of 2023 directed to post the petitioner as Assistant Teacher. Challenging the said order, the petitioner was before the Tribunal and the Tribunal under the impugned order dated 10.03.2023, rejected the prayer of the petitioner holding that the posting of the petitioner has been altered from one cadre to another higher cadre which is without any order of valid appointment. Questioning the said order of the Tribunal as well as impugned order of the State dated 20.06.2022, the petitioner is before this Court in this writ petition. 3. Heard Sri. Narasimharaju, learned counsel for the petitioner and learned AGA Mr. Vikas Rojipura for respondents. Perused the entire writ petition papers. 4. Learned counsel for the petitioner Sri. Narasimharaju would contend that petitioner was appointed as Headmistress under order of appointment dated 30.08.2012 (Annexure-A1) and her request for extension of time to report to duty was accepted. Further, learned counsel would invite attention of this Court to the - 7 - HC-KAR NC: 2026:KHC:7691-DB WP No. 6523 of 2023 Notification dated 01.01.2014 (Anenxure-A11) wherein relaxation to the joining time was granted and the petitioner was posted as Lecturer, DIETI, Chitradurga and when the petitioner reported to duty at DIETI, Chitradurga, the Principal therein sought clarification insofar as acceptance of the petitioner’s duty report. Thereafter the petitioner was given posting as Assistant High School Teacher at Government High School, Kote, Chitradurga. Learned counsel would submit that subsequently petitioner was given posting under Anenxure-A16 as Headmistress, Government High School, Palavanahalli, Hiriyuru Taluk, Chitradurga. He submits that having extended time for reporting to duty and having not provided proper posting to the petitioner, it is not open for the respondents to cancel the order of appointment of petitioner as Headmistress. He submits that the action of the respondents is totally arbitrary and unreasonable. Further, learned counsel would submit that - 8 - HC-KAR NC: 2026:KHC:7691-DB WP No. 6523 of 2023 the Tribunal without appreciating the factual position rejected the prayer of the petitioner. 5. Per contra, learned AGA Mr. Vikas Rojipura would submit that the petitioner failed to report to duty within the time prescribed and as such, her appointment as Headmistress stood cancelled. Therefore, the authorities rightly cancelled her posting given to her under Notification dated 20.02.2021 (Annexure-A16). Learned AGA would further submit that the petitioner has failed to report to duty at the place of posting through counseling. Therefore, the respondents are justified in canceling her appointment as Headmistress. Thus, he would pray for dismissal of the writ petition. 6. Having heard the learned counsel for the parties and on perusal of the entire writ petition papers, we are of the considered view that the Tribunal failed to appreciate the factual position and erroneously denied the relief to the petitioner. Hence, the impugned order passed by the - 9 - HC-KAR NC: 2026:KHC:7691-DB WP No. 6523 of 2023 Tribunal needs to be interfered with for the following reasons: Admittedly, the petitioner was selected and appointed as Headmistress under Notification dated 30.08.2021 of the second respondent – Commissioner. On her appointment, she was posted as Headmistress, Government High School Pu-Badani, Shirahatti Taluk, Gadag District. However, the petitioner sought extension of time to report to duty citing health grounds. It was accepted under Memo dated 19.02.2013. Thereafter in the counseling, the petitioner was given posting as Lecturer at DIETI, Chitradurga, where the petitioner reported to duty on 06.01.2014 and the Principal, DIETI, sought clarification with regard to acceptance of duty report of the petitioner. In the meanwhile, correspondence took place with regard to posting of the petitioner. However, under memorandum dated 31.01.2014, the petitioner was posted as Assistant High School Teacher at Government High School, Kote, Chitradurga. In the - 10 - HC-KAR NC: 2026:KHC:7691-DB WP No. 6523 of 2023 meanwhile, under Official Memorandum dated 11.09.2019, the petitioner was posted as Assistant Master, Government High School, Chikkanahalli, Shira Taluk. The said order was again modified under Notification dated 20.02.2021 (Annexure-A16) where the petitioner is said to have reported to duty on 22.02.2021. It is true that Rule 18 of the Karnataka Civil Services (General Recruitment) Rules 1977 provides 15 days time to report to duty on appointment. However, it also empowers the appointing authority to extend the time to report to duty. In the instant case, on the request of the petitioner, time to report to duty was extended under Memorandum dated 19.02.2017 (Annexure-A3) as well as the Notification dated 01.01.2014 (Annexure-A5) wherein relaxation was provided for joining time. Without taking note of the above memo as well as Notification, impugned order withdrawing the petitioner’s posting under Notification dated 20.02.2021 is passed. When the petitioner was selected and appointed as Headmistress - 11 - HC-KAR NC: 2026:KHC:7691-DB WP No. 6523 of 2023 and when her request for extension of time to join duty was granted, the respondents could not have come to the conclusion that it is impermissible to modify the transfer order of Assistant Teacher and to post as Headmistress. It is not modification, it is the wrong posting provided by the Department to the petitioner. The respondent – authorities instead of posting the petitioner as Headmistress, could not have posted the petitioner as High School Assistant Teacher that too without canceling the order of appointment and notification extending the time to report to duty. Thus, the impugned order dated 26.02.2022 insofar as withdrawing the Notification dated 20.02.2021 posting the petitioner as Headmistress, Government High School, Palavanahalli, Hiriyuru Taluk, Chitradurga District, is wholly arbitrary, unreasonable and unfair. 7. Learned Additional Government Advocate has filed a memo dated 30.01.2026 enclosing memorandum dated 27.01.2026 and memorandum dated 28.01.2026 posting the petitioner as Headmistress, Government High - 12 - HC-KAR NC: 2026:KHC:7691-DB WP No. 6523 of 2023 School, Masanakatti, Hanagal Taluk, Haveri District. Posting of the petitioner as Headmistress is through counseling that was held on 27.01.2026. In pursuance to the memorandum of posting, the petitioner is relieved of her duties under memorandum dated 28.01.2026 at Government High School, M.D.Kote, Yiriyuru Taluk, Chitradurga District. 8. For the reasons recorded above, impugned order passed by the Tribunal dated 10.03.2023 in Application No.2781/2022 is set aside and consequently, said application is allowed; order bearing No.E¦ 75 J¸ïNºÉZï 2019, ¨ÉAUÀ¼ÀÆgÀÄ dated 20.06.2022 (Annexure- A23) stands quashed. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE BSV CT:bms