IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF DECEMBER, 2025

PRESENT

THE HON'BLE MR. JUSTICE B M SHYAM PRASAD

AND

THE HON'BLE MR. JUSTICE T.M.NADAF

WRIT PETITION NO. 32030 OF 2025 (S-KSAT)

BETWEEN:

DR. RADHA L

W/O DR. SURENDRA R

AGED ABOUT 57 YEARS

PRESENTLY WORKING AS

SENIOR CASUALTY

MEDICAL OFFICER (CMO)

K C GENERAL HOSPITAL

MALLESHWARAM

D igitally

Signed by BENGALURRU-560004

REKHA R

Location : RESIDING AT NO. 25

High Court DONATA COUNTRY

of

KANSHIRAM NAGAR

Karnataka

BENGALURU-560098.

…PETITIONER

(BY SRI. VIVEK SUBBA REDDY., SENIOR ADVOCATE

FOR SRI. NARASIMHARAJU.,ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE M S BUILDING BENGALURU-560 001.

2. THE COMMISSIONER DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES AROGYA SOUDHA, MAGADI ROAD, BENGALURU.

3. THE SUPERINTENDENT K C GENERAL HOSPITAL MALLESHWARAM BENGALURU-560004 …RESPONDENTS (BY SRI.REUBEN JACOB., AAG A/W SRI. V SHIVAREDDY., AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES

226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI BY QUASHING THE IMPUGNED ORDER PASSED BY THE KSAT IN A.No-3183/2025 DATED 16.10.2025 AS PER ANNEXURE-A AND CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONER IN A.No-

3183/2025.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE T.M.NADAF

ORAL ORDER

(PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD)

The petitioner, while working as a 'Senior Casualty Medical Officer' at K C General Hospital, Malleswaram, Bengaluru, is transferred to the Government Hospital, Koratagere, Tumakuru District by the Official Memorandum dated 07.07.2025 issued by the second respondent. The petitioner has called this decision in question with the Karnataka State Administrative Tribunal [for short 'the Tribunal'] in the Application No.3183/2025. The Tribunal has granted interim order directing maintenance of status quo, and the petitioner has had the benefit of such order until the Tribunal's final order dated

16.10.2025.

2. The Tribunal, by this impugned order, has opined that the petitioner is not entitled to claim benefit of the fact that her husband is posted in Bengaluru when she has completed substantial years of service in Greater Bengaluru, and the Tribunal has also opined that because the petitioner has participated in counselling and chosen a place of her choice, no exception can be taken with the second respondent's decision to post her to the Government Hospital, Koratagere, Tumakuru District. This Court has continued the status quo order, and as such, the petitioner has not reported to duty with the Government Hospital at Koratagere.

3. After hearing Sri Vivek Subba Reddy, the learned Senior Counsel for the petitioner, this Court by order dated 04.12.2025 has recorded the two fold submissions of Sri Reuben Jacob, the learned Additional Advocate General for the respondents.

These submissions are as follows:

"[i] indeed there are vacancies [in Bangalore] as asserted by the petitioner but cannot be extended the benefit of being posted to such vacancies is taken on record along the elaboration that under Rule 6 of the Karnataka State Civil Service [Regulation of Transfer of Medical Officers and Other Staff] Rules, 2025 the petitioner, who is now transferred under this Rule, will not be entitled to claim 'exemption from transfer' and can only claim 'priority in transfer' and [ii] the petitioner is transferred in terms of Section 6 of the Karnataka State Civil Service [Regulation of Transfer of Medical Officers and Other Staffs (Amendment) Ordinance 2025 which stipulates that every Medical Officer who has completed prescribed number of years in Greater Bengaluru must be transferred but the vacancies within the Greater Bengaluru cannot be made available in counselling."

Sri Vivek Subba Reddy, given the opportunity to respond, does not dispute that, because of the Karnataka State Civil Service [Regulation