IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 31^ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 104346 OF 2025 (S-TR)

BETWEEN:

SMT. ROOPA S. NAIDU, AGE: 42 YEARS, OCC: PRINCIPAL, MORARJI DESAI RESIDENTIAL SCHOOL (BC-EO EDU), BENAKOPPA, NARGUND, DIST: GADAG – 582 207.

…PETITIONER (BY SRI. S.A.SODUR, ADVOCATE FOR SRI. K. L. PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, REPTD BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SOCIAL WELFARE , 2^ND FLOOR, VIKAS SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU – 01.

Dig itally signed by RAKESH S 2. THE KARNATAKA RESIDENTIAL HARIHAR EDUCATIONAL INSTITUTIONS SOCIETY, Location: High Court of AND ORGANIZATION OF GOVT. OF KARNATAKA Karnataka, NO. 8, M. S. BUILDING, FLOOR NO 1, 6 AND 7, Dharwad Bench, Dharwad CUNNINGHAM ROAD, BENGALURU – 581 110, REPRESENTED BY ITS EXECUTIVE DIRECTOR.

3. ASHOK S/O. SANGAPPA KONNUR, AGE: MAJOR, (NOT KNOWN)

OCC: PRINCIPAL DR. B. R. AMBEDKAR GIRLS RESIDENTIAL SCHOOL, ALAVANDI KOPPAL – 583 226.

…RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;

SRI. SUNIL S. DESAI, ADVOCATE FOR R2;

SRI. B.B.BALLOLI & SRI. RAVI N. CHIKKARADDER, ADVs. FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ORDER BEARING NO.SA.KA.E.146 MDS 2025 DATED 30/06/2025 PASSED BY RESPONDENT NO.1 VIDE ANNEXURE-E INSOFAR AS TRANSFER OF THIS PETITIONER IS CONCERNED (AT SL.NO.36 AND 37 TRANSFERRING HER FROM MORARJI DESAI RESIDENTIAL SCHOOL (KANAGINAHAL GADAG) TO DR.B.R.AMBEDKAR GIRLS RESIDENTIAL SCHOOL ALAVANDI KOPPAL AND TRANSFERRING RESPONDENT NO.3 TO THE POST OF PETITIONER) IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR HEARING -

INTERLOCUTORY APPLNTHIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1. The petitioner is before this Court calling in question an order dated 30.06.2025, by which the petitioner stood transferred to Dr.B.R. Ambedkar Girls Residential School, Alavandi, Koppal, in place of the third respondent and the third respondent coming to the place of the petitioner.

2. Heard the learned counsel Shri S.A. Sondur appearing for the petitioner; the learned HCGP Smt. Girija S.Hiremath appearing for respondent No.1 – State; the learned counsel Shri Sunil S.Desai appearing for respondent No.2; and the learned counsels Shri B.B. Ballori and Shri Ravi N.Chikkaradder appearing for respondent No.3.

3. Facts in brief germane are as follows:

The petitioner was appointed as a Principal of the School at Negaluru in the year 2012 and is transferred and posted as Principal at Benakoppa on 05.07.2016. The petitioner then continues to be the Principal of the said Institution for close to seven years and for the first time is transferred out of the said Institution on 10.07.2023 to Morarji Desai Residential School, Gadag. Four days thereafter, the petitioner manages to come back to the same Institution where she had worked for seven years.

4. This happens on 14.07.2023. Since 14.07.2023, the petitioner again continues as a Principal in the said Institution till the impugned order of transfer is passed. Therefore, the petitioner has been a Principal of the Benakoppa Institution from 05.07.2016 till the passage of the impugned order and continues to be even today. Therefore, the petitioner has been in the post of Principal for more than nine years in the said Institution. The impugned order of transfer comes to be passed on 30.06.2025, now transferring the petitioner from Benakoppa, Koppal as observed hereinabove. This is what has driven the petitioner to this Court in the subject petition.

5. The Co-ordinate bench of this Court owing to the submission of the counsel to the petitioner had granted an interim order of stay and thus, the petitioner continues to be working as a Principal of the Institution at Benakoppa. The learned counsel appearing for the petitioner would submit that the petitio