Permanent teachers have substantive protections against arbitrary displacement by guest teachers, highlighting the principle of continuity in educational staffing.

ORDER :

IN WP NO.21213/2025

1. In this writ petition, the petitioner has called in question the order dated 07.07.2025 passed by respondent No.2 vide Annexure-G, whereby the petitioner has been transferred from 161-Morarji Desai Residential School Nuggehalli, Channarayapatna Taluk, Hassan, to 148-Morarji Desai Residential School, Kandali, Hassan Taluk, Hassan.

2. The case of the petitioner is that he was appointed as a Physical Education Teacher in respondent No.2 by appointment order dated 05.06.2012 vide Annexure-A. Thereafter, by order dated 07.07.2025 vide Annexure-D passed by respondent No.2, the petitioner has been transferred from 161-Morarji Desai Residential School Nuggehalli, Channarayapatna Taluk, Hassan, to 767- Dr.B.R.Ambedkar Residential School, Shanthigrama, Hassan Taluk, Hassan. Again on the very same day, Annexure-D dated 07.07.2025 has been modified and impugned order dated 07.07.2025 vide Annexure-G has been passed by respondent No.2, wherein the petitioner has been transferred from 161-Morarji Desai Residential School Nuggehalli, Channarayapatna Taluk, Hassan, to the 148-Morarji Desai Residential School, Kandali, Hassan Taluk, Hassan. Being aggrieved by the same, the present petition is filed.

3. The learned counsel appearing for the respondent No.5 submits that respondent No.5 is working as a Guest Lecturer in 767-Dr.B.R.Ambedkar Residential School, Shanthigrama, Hassan Taluk, Hassan. In view of the order dated 07.07.2025 vide Annexure-D, the petitioner has been displaced from the said place. Therefore, the earlier transfer order at Annexure-D has been modified and impugned order at Annexure-G has been passed by the respondent No.2.

4. The learned AGA appearing for respondents-State submits that in similar circumstances, this Court in WP No.200013/2025 (Kalaburagi Bench) disposed off on 05.02.2025 as held that the permanent teacher cannot be sent from pillar to post and a guest teacher, who has no substantive right has to make way for the permanent teacher. The relevant paragraph-9 of the said order is relevant, which reads thus:

“9. No doubt, till date there is no recruitment undertaken by the respondent No.1. Nonetheless, the petitioner was posted against the post of Social Science teacher at the respondent No.2, but was again transferred on 23.12.2024 only to accommodate respondent No.3, who had filed a contempt petition against the respondent No.1. In that view of the matter, the petitioner being a permanent teacher cannot be sent from pillar to post and a guest teacher, who has no substantive right has to make way for the petitioner. In view of the submission of the learned counsel for respondent Nos.1 and 2 that the respondent No.3 will be accommodated at Bhalki, this writ petition deserves to be disposed off on the following terms:

(i) This writ petition is allowed.

(ii) The impugned order dated 23.12.2024 issued by the respondent No.1 transferring the petitioner from Morarji Desai Residential School (353), Hulsoor, Basavakalyan, Bidar District to Morarji Desai Residential School (BC-502), Bhalki, Bidar District is set aside. Consequently, the petitioner is permitted to continue as Social Science teacher at Morarji Desai Residential School (353), Hulsoor, Basavakalyan, Bidar District.

(iii) Respondent No.1 is directed to continue the services of respondent No.3 at Morarji Desai Residential School (BC-502), Bhalki, Bidar District until the post is filled up through regular recruitment process.”

5. The learned counsel appearing for respondent No.2 submits that the respondent No.5 will be posted to 148-Morarji Desai Residential School, Kandali, Hassan Taluk, Hassan.

6. In view of the above, the following order is pass