##PAGE1##

- 1 -

NC: 2026:KHC:6133-DB

WP No. 12804 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 31^ST DAY OF JANUARY, 2026

PRESENT

THE HON'BLE MR. JUSTICE S.G.PANDIT

AND

THE HON'BLE MR. JUSTICE K. V. ARAVIND

WRIT PETITION No. 12804 OF 2024 (S-KSAT)

BETWEEN:

1. DR. DYAVAPPA B. M.,

S/O LATE MUNISHAMAPPA,

AGED ABOUT 42 YEARS,

RESIDING AT BELLAHALLI,

VEMAGAL HOBLI,

SANTHEKALLAHALLI POST,

KOLAR-563128.

…PETITIONER

(BY SRI SAILESH S. KATAREY, ADVOCATE)

Digitally

signed by

VINUTHA B S AND:

Location:

High Court of

Karnataka 1. STATE OF KARNATAKA,

REPRESENTED BY ITS

PRINCIPAL SECRETARY,

DEPARTMENT OF HIGHER EDUCATION,

M. S. BUILDING,

DR. AMBEDKAR VEEDHI,

BENGALORE-500001.

2. THE COMMISSIONER,

DEPARTMENT OF COLLEGIATE AND

TECHNICAL EDUCATION,

UNNATHA SHIKSHANA SOUDHA,

- 2 -

NC: 2026:KHC:6133-DB

WP No. 12804 of 2024

HC-KAR

SHEHADRI ROAD,

BANGALORE-560001.

3. SRI SRINIVASA S.,

AGED ABOUT 50 YEARS,

WORKING AS ASSISTANT

PROFESSOR OF PHYSICS,

(UNDER ORDER OF TRANSFER),

GOVERNMENT FIRST GRADE COLLEGE,

CHIKKABALLAPURA-562101.

…RESPONDENTS

(BY SMT. B. SUKANYA BALIGA, AGA FOR R1 & R2)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF

THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE

ORDER OF THE KARNATAKA STATE ADMINISTRATIVE

TRIBUNAL AT BANGALORE IN APPLICATION No.3651/2023,

DATED 19.03.2024 AT ANNEXURE-A ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING

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 K. V. ARAVIND)

Heard Sri Sailesh S. Katarey, learned counsel for the

petitioner and Smt. B. Sukanya Baliga, learned Additional

Government Advocate for respondent Nos.1 and 2.

2. The unsuccessful applicant in Application No.3651/2023

has preferred the present petition challenging the order dated

- 3 -

NC: 2026:KHC:6133-DB

WP No. 12804 of 2024

HC-KAR

19.03.2024 passed by the Karnataka State Administrative

Tribunal, Bengaluru (for short, “the Tribunal”).

3. The petitioner was appointed as an Assistant Professor of

Physics and was posted to the Government College for Women,

Kolar. He continued in the said post from the date of his

appointment until transfers were effected pursuant to the

Karnataka Civil Services (Regulation of Transfer of Teaching

Staff of the Department of Collegiate Education) Rules, 2021

(for short, “the Rules, 2021”), notified on 29.01.2021.

3.1 Under the Rules, 2021, transfers were to be effected

through counseling. When counseling was conducted based on

seniority, the petitioner opted for Government College for Boys,

Kolar, against a vacant post. It is stated that the Counselling

Committee did not permit him to select the said post and

instead transferred him to the Government First Grade College,

Chikkaballapura.

3.2 Aggrieved by the denial of his selection to the post at

Government College for Boys, Kolar, the petitioner preferred an

application before the Tribunal. The Tribunal, after taking note

- 4 -

NC: 2026:KHC:6133-DB

WP No. 12804 of 2024

HC-KAR

of the Government Order dated 27.07.2023, which restricted

selection of a college in the same place, dismissed the

application.

4. Sri Sailesh S. Katarey, learned counsel appearing for the

petitioner, submits that the petitioner has been serving as an

Assistant Professor of Physics at the Government College for

Women, Kolar, for the past 14 years. He further submits that

the petitioner is suffering from Lymphadenitis (Tuberculosis)

and requires continuous treatment at R.L. Jalappa Hospital,

Kolar, at intervals of every 15 days. It is contended that, when

a vacant post was available at Government College for Boys,

Kolar, denial of the option to select the said post is in violation

of Rules 2(e) and 2(q) of the Rules, 2021.

4.1 Learned counsel submits that Rules 2(e) and 2(q) do not

impose any restriction on opting for a posting in another college

situated in the same place. It is further contended that a

Government Order cannot introduce a restriction which is not

contemplated under the Rules. Learned counsel, without

preju