THE HIGH COURT OF KARNATAKA
K.S.HEMALEKHA
SMT MAHADEVI GIDDAPPA – Appellant
Versus
THE VICE CHANCELLOR – Respondent
WP 104437/2024
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 104437 OF 2024 (S-TR)
BETWEEN:
SMT. MAHADEVI GIDDAPPA AGED ABOUT 46 YEARS, OCC: SENIOR ASSISTANT, VETERINARY SCIENCES UNIVERSITY GADAG.
…PETITIONER (BY SRI. VIDYASHANKAR G.DALWAI, ADVOCATE)
AND:
1. THE VICE CHANCELLOR KARNATAKA VETERINARY ANIMAL AND FISHERIES SCIENCES UNIVERSITY, BIDAR-585401.
2. THE REGISTRAR KARNATAKA VETERINARY ANIMAL AND FISHERIES SCIENCES UNIVERSITY, BIDAR-585401.
MANJANNA
3. THE DEAN E VETERINARY SCIENCE COLLEGE, Digitally signed by HOMBAL ROAD, GADAG-582102.
MANJANNA E L K o A c R a N ti A on T : A H K I A G D H H C A O R U W R A T D OF …RESPONDENTS BENCH D + a 0 t 5 e 3 : 0 2026.01.08 11:13:54 (BY SMT. ARUNA R.DESHPANDE, ADVOCATE FOR R2;
NOTICE TO R1 AND R3 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER BEARING NO. KUSA.SHIKSHETARA.SIBANDI.SA.VARGAVANE.2024-25/1442 DATED 06/07/2024 PASSED BY THE RESPONDENT NO.1 VIDE ANNEXURE-L. AND ISSUE A WRIT OF CERTIORARI AND QUASH IMPUGNED CIRCULAR BEARING NO. KUSA.VARGAVANE.SIBAND.BIDUGADE.2024- 25 DATED 20/07/2024 PASSED BY RESPONDENT NO.1 VIDE ANNEXURE-M AND ETC.
THIS WRIT PETITION COMING ON FOR FINAL HEARING, THIS DAY ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER The petitioner has approached this Court calling in question the transfer order dated 06.07.2024 and the consequential circular dated 20.07.2024, issued by the respondent-University, whereby the petitioner has been prematurely transferred from Veterinary Science College, Gadag to the Finance Control Department, Karnataka Veterinary, Animal and Fisheries Sciences University, Bidar.
2. The matter, though listed for orders on the interlocutory application, is taken up for final disposal with the consent of learned counsel appearing for both the parties.
Brief facts:
3. The petitioner was appointed as an Assistant in the respondent-University in the year 2013 and her probation was declared satisfactorily. Over the years, she was transferred to different units of the University and lastly came to be posted as Veterinary Science College, Gadag, where she joined duty on 24.05.2022.
4. While the petitioner was posted at Gadag, the impugned transfer order dated 06.07.2024 was issued transferring her to Bidar, followed by a circular dated 20.07.2024, directing implementation by relieving employees. Aggrieved by the said premature transfer and immediately relieving direction, the petitioner has filed the present writ petition. This Court granted an interim order of stay on 26.07.2024.
5. Learned counsel for the petitioner submits that the impugned transfer is in violation of the transfer guidelines of the University (Annexure-N), which mandates that the transfers shall normally be effected only during April-May and after completion of the minimum 5 years. The petitioner has completed less than 2 years at Gadag, whereas the guidelines contemplate a longer 5 years, and no exceptional circumstances are recorded.
6. It is contended that no disciplinary proceedings are pending against the petitioner and no specific reasons are assigned except a bald reference to “interest of University work”. It is submitted that the impugned order is arbitrary and without application of mind and so also the consequential circular.
7. Per contra, learned counsel for the respondent-
University contends that the transfer was made in extraordinary circumstances in the interest of University administration. Certain complaints and audit related issues necessitated strengthening of the account section at the University headquarters. The petitioner is experienced in accounts works and her services are required at Bidar. The transfer is a matter of administrative policy, and unless mala fides or violation of rules is demonstrated, this Court should not interfere an
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.