IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 4087 OF 2024 (S-KSAT)

BETWEEN:

1. DR. VEENALATHA, W/O DR. M. R. RANGARAJU, AGED 53 YEARS, CHIEF MEDICAL OFFICER (AYURVEDA), PRESENTLY WORKING AS DISTRICT AYUSH OFFICER, HASSAN DISTRICT, HASSAN-573202.

RESIDING AT HOMBALE, CARMELMATHA ASHRAMA ROAD, Digitally signed by VINUTHA B S HEMAVATHINAGARA, Location: HIGH COURT OF BEHIND VENKATESHWARA PU COLLEGE, KARNATAKA HASSAN-573202.

…PETITIONER (BY SRI RAGHAVENDRA G. GAYATRI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, VIKASA SOUDHA, BENGALURU-560001.

2. THE COMMISSIONER, DEPARTMENT OF AYUSH, DHANVANTRI ROAD, NEAR ANANDA RAO CIRCLE, BENGALURU-560009.

3. DR. MOOSE BEARY, AGED MAJOR, MEDICAL OFFICER, GOVERNMENT AYURVEDA DISPENSARY, K.HIREHALLI, TALUK AND DISTRICT HASSAN.

…RESPONDENTS (BY SRI VIKAS ROJIPURA, AGA FOR R1 & R2;

SRI V.R. SARATHY, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 31.01.2024 IN A.No-4423/2023 VIDE ANNEXURE-A PASSED BY THE HON'BLE KSAT AND ALLOW THE SAID APPLICATION AS PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY.

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

CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND

ORAL ORDER

(PER: HON'BLE MR. JUSTICE S.G.PANDIT)

The petitioner, a Senior Medical Officer in the Health and Family Welfare Department is before this Court aggrieved by order dated 31.01.2024 in Application No.4423/2023 passed by the Karnataka State Administrative Tribunal, Bengaluru [for short 'Tribunal'], whereby the petitioner's request to quash the Notification dated 03.10.2023 [Annexure-A.8], posting respondent No.3 as District AYUSH Officer has been refused.

2. The facts of the case are that the petitioner, who is in the cadre of Senior Medical Officer, was posted to work as Senior Medical Officer, at District AYUSH Office, Government Ayurvedic Hospital, Dundanayakanahalli, Hassan. Thereafter, under Notification dated 30.11.2020, the petitioner was entrusted with additional charge of the post of District AYUSH Officer of Hassan District. Yet, by another Notification dated 02.12.2020, the petitioner was continued in additional charge of the post of District AYUSH Officer, Hassan until further orders. Subsequently, under the impugned Notification dated 03.10.2023 [Annexure-R.1], respondent No.3 was posted as District AYUSH Officer, Hassan. Questioning the said Notification dated 03.10.2023, the petitioner approached the Tribunal in the above-stated application, contending that there is no post of District AYUSH Officer at Hassan District. The Tribunal, by the impugned order dated 31.01.2024, dismissed the petitioner's challenge to the posting of respondent No. 3 under Notification dated 03.10.2023. Further, the Tribunal held that the petitioner had completed minimum period of two years as District AYUSH Officer and observed that no fault could be found with the impugned notification, that too when it has been issued after approval of the Chief Minister, as required under the Transfer Guidelines. Questioning the said order of the Tribunal, the petitioner is before this Court in the said petition.

3. Heard Sri Raghavendra G. Gayathri, learned counsel for the petitioner, Sri Vikas Rojipura, learned Additional Government Advocate for respondent Nos.1 and 2 and Sri V.R. Sarathy, learned counsel for respondent No. 3.

Perused the writ petition papers.

4. Sri Raghavendra G. Gayathri, learned counsel for the petitioner, after arguing the matter for some time contending that respondent No.3 could not have been posted as District AYUSH Officer, Hassan on the ground he has no requisite eligibility for being posted as such, submitted that the petitioner would not press the r