IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA AND THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.50705/2019(S-KSAT) BETWEEN NAJMA BANU W/O RIYAZ AHMED, AGED ABOUT 41 YEARS, WORKING AS ASSISTANT MASTER, GOVERNMENT (URDU) HIGHER PRIMARY SCHOOL MALEBENNUR, HARIHAR TALUK, CHITRADURGA DISTRICT-577 530. ...PETITIONER (BY SRI VIRUPAKSHAIAH P.H, ADVOCATE) AND 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, EDUCATION DEPARTMENT (PRIMARY AND SECONDARY EDUCATION) M.S.BUILDING, BENGALURU-560 001.
2. THE DEPUTY DIRECTOR DEPARTMENT OF PUBLIC INSTRUCTIONS BELLARY DISTRICT, BELLARY-583 102.
3. THE DEPUTY DIRECTOR DEPARTMENT OF PUBLIC INSTRUCTIONS BELLARY DISTRICT BELLARY DISTRICT-583 131.
4. THE BLOCK EDUCATION OFFICER DEPARTMENT OF PUBLIC INSTRUCTIONS HARAPANAHALLI TALUK, BELLARY DISTRICT-583 131.
5. THE BLOCK EDUCATION OFICER DEPARTMENT OF PUBLIC INSTRUCTIONS HARIHARA TALUK, DAVANAGERE DISTRICT-577601. ...RESPONDENTS (BY SMT.SHILPA S. GOGI, HCGP FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO QUASH ORDER DATED 06.06.2019 ISSUED BY THE 3RD RESPONDENT AUTHORITY VIDE ANNEXURE-A6 IN SO FAR AS THE PETITIONER IS CONCERNED AT SL.NO.166 HOLDING THE SAME IS ILLEGAL AND ARBITRARY AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, SATYANARAYANA J., MADE THE FOLLOWING:
ORDER The petitioner herein is impugning the order dated 22.07.2019 passed in Application No.3751/2019 on the file of the Karnataka State Administrative Tribunal (for short ‘KSAT’).
2. Admittedly, the application before the KSAT was filed by the petitioner herein in challenge to the order of transfer dated 06.06.2019 bearing No.Aa2/Sha.Pra.Sha.Shi.He.Hu.Stha76/2017- 18(Annexure-A6) issued by the Deputy Director of Department of Public Instruction, Davanagere, in transferring the petitioner as Assistant Teacher from Government (Urdu) Higher Primary School, Malebennur, Harihara Taluk, Davanagere District to Government Higher Primary School (Urdu), Kunchoor, Harapanahalli Taluk, Ballari District. The said application was disposed of by the KSAT with a direction to the applicant to report at the transferred school and submit a representation to the 3rd respondent namely Deputy Director, Department of Public Instructions, Davanagere District, Davanagere-577 003, who shall consider the same in terms of Rule 4(8) of the Teachers Transfer Rules, 2017 and the letter of the Commissioner of Public Instruction dated 18.07.2019 and pass orders, within three months from the date of receipt of such representation.
3. Admittedly, the said process prescribed under Rule 4(8) of the Teachers Transfer Rules, 2017 is with reference to following the procedure of counseling where option will be taken by the candidates to consider for transferring to the place of their choice. The grievance of the petitioner is that she has no choice with reference to transfer but only thing she would state that the transfer is required to be within the District and if she is transferred to any other District, then she will loose her seniority in the place where she has been working at that time. In this background, the question of disturbing the order of KSAT does not arise.
4. On the other hand, the said prayer is required to be considered by the contesting 3rd respondent by considering her representation and thereafter to post her to any place within the District of Davanagere within two weeks from the date of receipt of copy of this order.
With such observation, this writ petition is disposed of.
Sd/- JUDGE Sd/- JUDGE TL