The abandonment of prior transfer processes by the State and initiation of new regulations renders related writ petitions infructuous, emphasizing administrative discretion in policy changes.

ORDER :

1. The above batch of writ petitions are directed against the order dated 05.07.2024 in Application Nos.2151 to 2172/2024; order dated 05.07.2024 passed in Application Nos.2138 to 2141/2024 and interim order dated 20.08.2024 in Application Nos.4037 to 4062/2024.

2. The subject matter of the above writ petitions relate to the transfer of Medical Officers and Specialists working in the Department of Health and Family Welfare Services on the basis of the Karnataka State Civil Services (Regulation of Transfer of Medical Officers and Other Staff) Rules, 2011.

3. Learned Additional Advocate General Sri.Reuben Jacob appearing on behalf of the respondent/Government submits that the State has taken a decision to abandon the process of transfer of Medical Officers and Specialists working in the Department of Health and Family Welfare Services initiated for the year 2024-25 in terms of 2011 Rules and has taken a decision to initiate fresh transfer proceedings for the year 2025-26 in terms of the Ordinance promulgamated i.e., the Karnataka State Civil Services (Regulation of Transfer of Medical Officers and Other Staff) (Amendment) Ordinance, 2025 and the Karnataka State Civil Services (Regulation of Transfer of Medical Officer and Other Staff) Rules, 2025. To the effect that the State has also filed memo today i.e., 06.06.2025, which reads as follows:

“MEMO FILED ON BEHALF OF THE RESPONDENTS/STATE

The Respondents/State submit as follows:

1. It is submitted that the above writ petitions have been filed in the context of the Transfers to be effected for the Year 2024-2025 of medial officers and specialists working in the Department of Health and Family Welfare Services initiated vide Circular dated 15-06- 2024. In view of the fact that the Year 2024- 2025 is complete, the Respondents do not propose to proceed further with the counseling process in pursuance of the Circular dated 15-06-2024.

2. It is submitted that the Respondents will initiate fresh transfer process for the Year 2025-2026 and in the meantime, an amendment ordinance titled Karnataka State Civil Services (Regulation of Transfer of Medical Officers and Other Staff) (Amendment) Ordinance, 2025 has been promulgated and the Respondent No.1 has also published the new Rules titled the Karnataka State Civil Services (Regulation of Transfer of Medical Officers and Other Staff) Rules, 2025, whereby the Karnataka State Civil Services (Regulation of Transfer of Medical Officers and Other Staff) Rules, 2011 have been repealed and new rules have been brought into force. In view of the said subsequent developments and lapse of time (i.e., Year 2024-25 being completed), the prayer sought in the above writ petitions have become infructuous.

3. Wherefore, it is prayed that this Hon'ble Court may be pleased to take this memo on record and dismiss the above writ petitions, in the interest of justice and equity.”

4. In view of the categorical submission of the learned Additional Advocate General Sri.Reuben Jacob that the State Government would not proceed with transfer of Medical Officers and Specialists working in the Department of Health and Family Welfare Services under 2011 Rules and that the Government would initiate fresh transfer process of Medical Officers and Specialists working in the Department of Health and Family Welfare Services for the year 2025-26 in accordance with the new Rules, we are of the considered opinion that the prayer made in the writ petitions would no more survive for consideration. Accordingly, writ petitions stand disposed of.

5. If the petitioners are aggrieved by any action of the State, it is always open for the petitioners to challenge the same before the appropriate forum.