[Cites 3, Cited by 0]
Karnataka High Court
The Secretary vs The State Of Karnataka on 13 March, 2026
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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WP No. 2130 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 2130 OF 2026 (S-RES)
BETWEEN:
THE SECRETARY
SHRI UJJAYINI JAGADGUR SIDDESHWARA
VIDYAVARDHAKA SANGHA ®,
BANDIMOT, BELLARY - 583 102
...PETITIONER
(BY SRI. NITIN A. M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY OF GOVERNMENT,
PRIMARY AND SECONDARY EDUCATION,
M.S. BUILDING, DR. AMBEDKAR VEEDHI,
BANGALORE - 560 001.
2. THE ADDITIONAL COMMISSIONER,
Digitally signed
DEPARTMENT OF SCHOOL EDUCATION
by CHANDANA AND LITERACY, KALABURAGI - 585 101
BM
Location: High 3. THE DIRECTOR,
Court of
Karnataka OFFICE AT ADDITIONAL COMMISSIONER,
DEPARTMENT OF SCHOOL EDUCATION
AND LITERACY, KALABURGI - 585 101
4. THE DEPUTY DIRECTOR,
DEPARTMENT OF SCHOOL EDUCATION,
BELLARY DISTRICT, BELLARY - 583 101
5. THE BLOCK EDUCATION OFFICER,
KURUGODU TALUK, KURUGODU,
BELLARY DISTRICT - 583 116
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6. THE BLOCK EDUCATION OFFICER,
EAST ZONE, BELLARY TOWN - 583 101
7. SHRI BABU REDDY H.,
S/O HANUMANTHREDDY,
AGED ABOUT 55 YEARS,
WORKING AS ASSISTANT TEACHER,
SHRI MALLESHWARA HIGHER PRIMARY SCHOOL,
MOKA, BALLARY EAST,
BALLARY DISTRICT - 583 101
8. SMT. MAHESHWARI KUNDUR,
AGED ABOUT 50 YEARS,
WORKING AS ASST. TEACHER,
S.E.S. HIGHER PRIMARY SCHOOL,
SANDURU - 583 119.
...RESPONDENTS
(BY SRI. SPOORTHY HEGDE, AGA FOR R1 TO R6;
SRI. THYAGARAJA S., ADVOCATE FOR R7 & R8)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS
IN REVISION PETITION NO.18/2025 WHICH WAS BEFORE THE THE
PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION
AND LITERACY, M.S. BUILDING, BENGALURU, AND ISSUE A WRIT
OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR
DIRECTION, QUASHING THE IMPUGNED ORDER DATED
09.01.2026, PASSED BY THE AUTHORITY BEFORE THE PRINCIPAL
SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND
LITERACY, M.S. BUILDING, BENGALURU, PASSED THE IMPUGNED
ORDER IN REVISION PETITION NO.18/2025 I.E. ANNEXURE G, AS
BEING ILLEGAL, ARBITRARY, AND CONTRARY TO THE
PROVISIONS OF THE KARNATAKA EDUCATION ACT, 1983 AND
THE RULES, 1999 AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner seeks for the following reliefs:-
1. Call for the records in Revision Petition No.18/2025 which
was before the Principal Secretary, Department of School
Education and literacy, M.S. Building, Bengaluru, and Issue a
writ of certiorari or any other appropriate writ, order or
direction, quashing the impugned order dated 09.01.2026,
passed by the authority before the Principal Secretary,
Department of school Education and Literacy, M.S. Building,
Bengaluru, passed the impugned order in Revision Petition
No.18/2025 i.e., Annexure-G, as being illegal, arbitrary, and
contrary to the provisions of the Karnataka Education Act,
1983 and the Rules, 1999;
2. Issue a writ of mandamus or any other appropriate direction
restraining the Respondent No.1 to 6 form interfering with the
internal administration and management of the Petitioner's
aided educational institutions, particularly in matters relating
to posting and transfer of teachers, except in accordance with
law;
3. Declare that the transfer of teachers (Respondent No.7 and
8) effected by the Field Education Officers without the
consent of the Petitioner-Management and without following
Rule 12 of the Karnataka Educational Institutions
(Recruitment and Terms and Conditions of Service of
Employees) Rules, 1999, is illegal, void, and unenforceable;
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4. Restrain the Respondent No.1 to 6 from taking any coercive
action, including withdrawal of grant-in-aid, cancellation of
recognition, or initiation of adverse proceedings against the
Petitioner's institutions, pending adjudication of the legality of
the disputed transfers;
5. Pass such other or further orders as this Hon'ble Court may
deem fit, proper, and necessary in the interest of justice and
equity."
2. Heard learned counsel for the petitioner, learned AGA
for respondent Nos.1 to 6 and learned counsel for respondent
Nos.7 and 8 and perused the material on record.
3. In addition to reiterating the various contentions urged
in the petition and referring to the material on record, learned
counsel for the petitioner submits that aggrieved by the transfer
order dated 25.04.2023, the petitioner has filed a revision petition in
R.P.No.60/2025, which is pending before the Principal Secretary,
Department of School Education and Literacy, M. S. Building,
Bengaluru. Prior to the interim order dated 09.01.2026 passed by
the very same authority in a revision petition filed by respondent
Nos.7 and 8 dated 09.01.2026 and since the subject matter of both
petitioner are one and the same, the impugned order may be set
aside and the matter may be remitted back to respondent No.1 for
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reconsideration of the Revision Petition No.3/2025 (Old
No.18/2025) filed by respondent Nos.7 and 8 along with Revision
Petition No.60/2025 filed by the petitioner together, in accordance
with law, within a stipulated time frame.
4. In view of the aforesaid facts and circumstances and
joint submissions made by both sides, though several contentions
have been urged by both sides in support of their respective
claims, without expressing any opinion on the merits/demerits of
the rival contentions, I deem it just and appropriate to set aside the
impugned order at Annexure-G by issuing certain directions.
5. In the result, I pass the following:
ORDER
(i) The petition is hereby disposed of.
(ii)The impugned order at Annexure-G dated 09.01.2026
passed in R.P.No.3/2025 (Old No.18/2025) is hereby set aside.
(iii) The matter is remitted back to respondent No.1 for
reconsideration of the R.P.No.3/2025 (Old No.18/2025) along with
R.P.No.60/2025 within a period of one month from the date of
receipt of a copy of this order.
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(iv) Respondent Nos.7 and 8 shall appear before
respondent No.1 on 24.03.2026 without awaiting further notice.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
BMC: List No.: 1 Sl No.: 46
