Karnataka High Court
Bhagavant S/O Ningappa Kamble vs The Karnataka Residential ... on 3 July, 2023
Bench: S G Pandit, Vijaykumar A.Patil
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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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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.
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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.
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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
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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
