Smt Asha B M v. State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 5654 OF 2022 (S-RES) BETWEEN: SMT ASHA B M D/O B MANJAPPA AGED ABOUT 44 YEARS WORKING AS ASSISTANT TEACHER SRI THIRTHALINGESHWARA NATIONAL HIGH SCHOOL BELAGUTTI NYAMATHI, HONNALI TALUK DAVANAGERE DISTRICT-577218 R/AT SRINIVASA KRUPA 1ST FLOOR, 6TH CROSS,1ST STAGE MALLESHWARA NAGARA SHIVAMOGGA-577201. …PETITIONER (BY SRI. SUBRAMANYA BHAT M., ADVOCATE) AND:

¶1STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY PRIMARY & SECONDARY EDUCATION DEPARTMENT M S BUILDING, BANGALORE-560001.

¶2THE COMMISSIONER FOR PUBLIC INSTRUCTIONS NRUPATHUNGA ROAD BANGALORE-560001.

¶3THE DIRECTOR SECONDARY EDUCATION DEPARTMENT OF PUBLIC INSTRUCTIONS NRUPATHUNGA ROAD BANGALORE-560001

Location: HIGH COURTOF KARNATAKA NC:(2026:KHC:11726( WP(No.(5654(of(2022( ( , ,,HC-KAR( ( (

4., DEPUTY,DIRECTOR,OF,PUBLIC,INSTRUCTIONS, DAVANAGERE,DISTRICT, DAVANAGERE-577001., ,

5., THE,BLOCK,EDUCATION,OFFICER, HONNALI,TALUK,,HONNALI, DAVANAGERE,DISTRICT-577217., ,

6., THE,NATIONAL,EDUCATION,SOCIETY,(R), BALARAJ,URS,ROAD, SHIVAMOGGA-577201, BY,ITS,SECRETARY., ,

7., THE,HEAD,MASTER, SRI,THIRTHALINGESHWARA,, NATIONAL,HIGH,SCHOOL, BELAGUTTI,,HONNALI,TALUK, DAVANAGERE,DISTRICT-577201., ,

8., GOPAL,M, S/O,SRI,MASTEPPA, AGED,ABOUT,45,YEARS,, WORKING,AS,TEMPORARY,TEACHER,, SRI,THIRTHALINGESHWARA,, NATIONAL,HIGH,SCHOOL, BELAGUTTI,,HONNALI,TALUK, DAVANAGERE,DISTRICT-577201., …RESPONDENTS, (BY,SRI.,G,RAMESH,NAIK,,AGA,FOR,R1,TO,R5:, SRI.,M,NARAYAN,BHAT.,,ADVOCATE,FOR,R6,&,R7), , THIS, WRIT, PETITION, IS, FILED, UNDER, ARTICLES, 226, AND, 227, OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO, QUASH,THE,OFFICIAL,MEMORANDUM,BEARING,NO.ANU,1:SHA, PROU.SHA.VE.ANU150/2017-18,, DATED:, 19.04.2021, ISSUED, BY,THE,R-4,UNDER,ANNEXURE-V,CONSEQUENTLY,QUASH,THE, ORDER,07.02.2022,ISSUED,BY,THE,R-2,IN,APPEAL,NO.01/2022, UNDER,ANNEXURE-AF,BY,ISSUING,THE,WRIT,IN,THE,NATURE, OF,CERTIORARI,AND,ETC.,

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

ORAL ORDER

¶1In this writ petition, the petitioner is challenging the Official Memorandum dated 19.04.2021 issued by respondent No.4 vide Annexure-V, whereby the petitioner has been treated as an excess teacher and transferred to an Institution run by respondent No.6; and the order dated 07.02.2022 passed by the respondent No.2 vide Annexure-AF, whereby the appeal filed by the petitioner under Section 130 of the Karnataka Education Act, 1983, has been dismissed, confirming the order dated

19.04.2021.

¶2The case of the petitioner is that she was appointed as Assistant Teacher, Grade-II (Kannada Language) on

15.07.2007 and was posted to National High School, Chiluru, Honnali Taluk, Davanagere District. Thereafter,

petitioner was transferred to Sharadadevi Girls High School, Shivamogga in the year 2011, which is run by respondent No.6. Subsequently, petitioner has been transferred to Thirthalingeshwara National High School, Belaguthi Davanagere, also run by respondent No. 6, where she was treated as an excess teacher on account of reduction in student strength. Consequently, she has been called for counselling. By impugned Official Memorandum dated 19.04.2021, the petitioner has been transferred to vide Annexure-V. Aggrieved by the same, she filed Appeal No.1/2022 before the Authority under Section 130 of Karnataka Education Act. The Appellate Authority, by order dated 07.02.2022, dismissed the appeal vide Annexure-AF. Hence, the petitioner is before this Court challenging the Official Memorandum dated 19.04.2021 at Annexure-V and order dated 07.02.2022 at Annexure-AF.

¶3The only ground urged by the petitioner is that no notice was served on her prior to conducting the

counselling for transfer of excess teachers. Consequently, she did not appear on the date of counselling.

¶4The learned Additional Government Advocate submits that notice had been issued to the petitioner, but she failed to attend the counselling. It is further submitted that the post at Sri.Jadeya Shankara Swamy High School, Honnali Taluk, remains vacant even as on today.

¶5In view of the above submission and in the interest of justice, the petitioner is directed to report for duty at within one week from today.

¶6It is made clear that the petitioner shall not be entitled to any monetary benefits for the period from

19.04.2021 till the date she reports for duty at Sri.Jadeya Shankara Swamy High School, Honnali Taluk.

¶7Except for salary and seniority, the period from

19.04.2021 till the date she reports for duty shall be

considered for all other service benefits. The same shall, however, be subject to any departmental enquiry, if initiated by the respondents.

¶8With the above observations, the writ petition is disposed of.

Sd/- (H.T. NARENDRA PRASAD) JUDGE

DM LIST NO.: 1 SL NO.: 31