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NC: 2023:KHC-D:6576-DB
WA No. 100372 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF JULY, 2023
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
WRIT APPEAL NO. 100372 OF 2023 (S-TR)
BETWEEN:
BHAGAVANT S/O. NINGAPPA KAMBLE,
AGE: 49 YEARS, OCC: HEAD MASTER,
MORARJI DESAI RESIDENTIAL SCHOOL, GAVAN,
R/O: GAVAN, TQ: NIPPANI,
DIST: BELAGAVI-591237.
...APPELLANT
(BY SRI. GIRISH A. YADAWAD AND
SMT. DIVYA DESHPANDE, ADVOCATES)
AND:
1. THE KARNATAKA RESIDENTIAL EDUCATIONAL
INSTITUTIONS SOCIETY,
REPRESENTED BY ITS EXECUTIVE DIRECTOR,
NO.8, MSB-1, 6TH AND 7TH FLOOR,
CUNNINGHAM ROAD, BENGALURU-560 052.
Digitally
2. THE EXECUTIVE DIRECTOR,
signed by
JAGADISH THE KARNATAKA RESIDENTIAL EDUCATIONAL
TR
JAGADISH Location:
TR DHARWAD
INSTITUTIONS SOCIETY,
Date:
2023.07.07 NO.8, MSB-1, 6TH AND 7TH FLOOR,
14:34:44 -
0700 CUNNINGHAM ROAD, BENGALURU-560 052.
...RESPONDENTS
(BY SRI. SUNIL S. DESAI, ADV FOR R1 AND R2)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING TO SET-ASIDE THE IMPUGNED ORDER
DATED 09.06.2023 PASSED BY THE LEARNED SINGLE JUDGE IN WP
NO.103528/2023 (S-TR) AND ALLOW THE WRIT PETITION AS
PRAYED FOR, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING, THIS
DAY, S.G. PANDIT J., DELIVERED THE FOLLOWING:
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NC: 2023:KHC-D:6576-DB
WA No. 100372 of 2023
JUDGMENT
Heard the learned counsel Sri. Girish A Yadawad for the appellant and learned counsel Sri. Sunil S Desai for respondents No.1 and 2.
2. The petitioner is in appeal questioning the correctness and legality of the order dated 9.6.2023 in WP No.103528/2023, whereby the petitioner's challenge to order of transfer dated 3.6.2023 is rejected.
3. The appellant/petitioner was working as a Headmaster/Principal in Morarji Desai Residential School, Gavan, Nippani Taluk, Belagavi District. Under impugned order dated 3.6.2023 (Annexure-H), the petitioner and one Sri. Virupakshi Gudase were transferred from Morarji Desai Residential School, Gavan to Kittur Rani Chennamma Residential School, Tondebavi, Gouribidanur Taluk, Chikkaballapur District and Morarji Desai Residential School, Hebballi, Dharwad District respectively. The impugned order of transfer indicates that transfers were effected on administrative reasons and educational interest of Karnataka Residential Educational Institutions Society. -3-
NC: 2023:KHC-D:6576-DB WA No. 100372 of 2023
4. Learned Single Judge under impugned order dated 9.6.2023 refused to interfere with the order of transfer in exercise of extraordinary power under Article 226 of the Constitution of India. Questioning the said order of learned Single Judge, present writ appeal is filed.
5. On 14.06.2023, notice was ordered to respondents No.1 and 2 to an extent to find out as to whether there is any vacancy of the post of Principal in the neighbouring districts. On appearance of respondents No.1 and 2 through their learned counsel Sri. Sunil S Desai, we directed him to secure instructions with regard to vacancy in and around neighbouring district of Belagavi.
6. Learned counsel Sri. Sunil S Desai filed a memo dated 20.06.2023 enclosing OM bearing No. KREIS/ADMN/7/2023-ADMN/63005, dated 16.06.2023 modifying the earlier order of transfer dated 3.6.2023 posting the petitioner as Principal to Morarji Desai Residential School (347), Santhapur, Aurad Taluk, Bidar District. -4-
NC: 2023:KHC-D:6576-DB WA No. 100372 of 2023
7. Today, learned counsel Sri. Girish A Yadawad after arguing the matter for sometime, on instruction, submits that the petitioner would accept the modified OM dated 16.6.2023 and seeks permission to report to duty as Principal at Morarji Desai Residential School (347), Santhapur, Aurad taluk, Bidar District.
8. In view of the above submission, we pass the following:
ORDER
a) Writ Appeal stands disposed off.
b) Respondents No.1 and 2 shall permit the petitioner/appellant to report to duty as Principal, Morarji Desai Residential School (347), Santhapur, Aurad Taluk, Bidar District, in terms of OM dated 16.6.2023.
c) The petitioner/appellant shall report to duty as Principal in the transferred place as stated above on or before 10.07.2023.
d) The petitioner/appellant is at liberty to make representation to the respondents/authorities seeking regularization of period from the date of -5- NC: 2023:KHC-D:6576-DB WA No. 100372 of 2023 initial transfer i.e. 3.6.2023 to the date of reporting to duty at Santhapur, Aurad Taluk, Bidar District. If such representation is made, respondent/Society shall consider the same and pass appropriate orders in accordance with law.
Pending applications, if any, do not survive for consideration, and accordingly, they are disposed off.
Sd/-
JUDGE Sd/-
JUDGE JTR List No.: 1 Sl No.: 9