1

IN THE HIGH COURT OF AT BANGALORE

Dated this the 9 th day of January 2013

Present

The Hon’ble Mr. Justice N.K.PATIL

And

The Hon’ble Mrs. Justice B.S.INDRAKALA

WRIT PETITION Nos.13334 OF 2012 AND 14461-612 OF 2012 (S-KAT)

BETWEEN :

1. The State of Karnataka, Rep. by Principal Secretary, Department of Primary and Secondary Education, M.S.Building, Bangalore – 560001.

2. The Commissioner, Department of Public Instructions, K.R.Circle, Bangalore – 560001. …Petitioners

(By Smt.Revathy Adinath Narde, HCGP)

AND :

1. Mr.Krishna Kumar, S/o Shankarnarayana Bhat, Aged about 34 years, Working as High School Teacher, 2

Govt. HPS, , Kalghatgi Taluk, District, Permanent R/o C/o S.M.Hulamani, Door No.81A/3B, Kalghatgi – 581204.

2. Mr.Ashok Ishwar Achari, S/o Ishwar N. Achari, Aged about 37 years, Working as High School Teacher, Govt. HPS, Sulikatti, Kalghatgi Taluk, , Permanent R/o S/o Ishwar Achari, Murudeshwar, Bhatkal Taluk, U.K.District.

3. Mr.Mrutyunjaya Kundagol, S/o Channabasayya Kundagol, Aged about 42 years, Working as High School Teacher, Govt. HPS, Hatakinahal, Kalghatgi Taluk, Dharwad District, Permanent R/o Hatakinahal, Kalghatgi Taluk, Dharwad District.

4. Mr.Vaman Jagannath Mahale, S/o Jagannath Vaman Mahale, Aged about 30 years, Working as High School Teacher, Govt. HPS, Bagadageri, Kalghatgi Taluk, Dharwad District, Permanent R/o Shakambari Kripa, ‘B’ Block, 2 nd floor, Behind Banashankari Stores, Extension, Udayangara, Hubli – 580023. Dharwad District. 3

5. Mr.Ganapathi Hegde, S/o Timmayya, Aged about 35 years, Working as High School Teacher, Govt. HPS, , , Kalaghatgi Taluk, Dharwad District-581212 Permanent R/o Jaddigadde, Vandur Post, Honnavara Taluk, U.K.District.

6. Mr.Seenappa R, S/o Ramaraju S.M., Aged about 39 years, Working as High School Teacher, Govt. HPS, , Kalghatgi Taluk, Dharwad District, Permanent R/o Chakapalli Village & Post, Srinivasapur Taluk, Kolar District.

7. Smt.Sumangala V. Naik, W/o Rohidas Naik, Aged about 34 years, Working as High School Teacher, HPS Kalgahatgi Tanda, Kalghatgi Taluk, Dharwad District, Permanent R/o C/o Venkanna Naik, Near KEB Grid, Gokarna at Post, Kumta Taluk, U.K.District.

8. Smt.Poornima Premanand Katgi, D/o Premanand Katgi, Aged about 28 years, Working as High School Teacher, Govt. HPS, , Kalghatgi Taluk, Dharwad District, Permanent R/o C/o P.S.Katgi, Court Road, 4

Kalammanagar, Yellapur Taluk, Uttara District.

9. Mr.Vishwanatha M.U., S/o Soma Gowda, Aged about 38 years, Working as High School Teacher, Solaragoppa, Post, Kalghatgi Taluk, Dharwad District, Permanent R/o Ugrody House, Koyyur Post, Betthangady Taluk, Dakshina Kannada District.

10. Mr.Chandrashekhara Veerappa Gondi, S/o Veerappa Gondi, Aged about 37 years, Working as High School Teacher, Govt. HPS Dyavanakonda, Mukkal Post, Kalghatgi Taluk, Dharwad District, Permanent R/o Honnikeri Building, Rajendra Nagar, Haveri Taluk, Haveri District – 581110.

11. Mr.Manjunathswamy, S/o Shivaiah M.H., Aged about 28 years, Working as High School Teacher, Govt. HPS, Shinganalli, Kalghatgi Taluk, Dharwad District, Permanent R/o Madhu Nilaya, Opp.Millath College, , HLK Road, Chitradurga.

12. Mr.Lokesh K.R., S/o Rajashekar K.R., Aged about 37 years, Working as High School Teacher, 5

Govt. HPS, Sakshara Deepa Samiti, Kalghatgi Taluk, Dharwad District, Permanent R/o Kellangere Post, Arsikere Taluk, Hassan District.

13. Mr.Shivanand P. Hegde, S/o Parameshwar Hegde, Aged about 43 years, Working as High School Teacher, Govt. HPS, Linganakoppa, Gambyapur, Kalghatgi Taluk, Dharwad District, Permanent R/o Dodmane, Siddapur Taluk, Karwar District.

14. Mr.Pramod M.Biradarpatil, S/o Muthuraj Biradar Patil, Aged about 29 years, Working as High School Teacher, Govt. HPS, Bisaralli, Kalghatgi Taluk, Dharwad District, Permanent R/o Kalghatgi, Dharwad.

15. Mr.Arun Patil, S/o Arinasaheb Path, Aged about 29 years, Working as High School Teacher, Govt. HPS, , Surshettikoppa, Kalghatgi Taluk, Dharwad District, Permanent R/o No.44, 3 rd Cross, Renuka Nagar, Road, Hubli – 580030.

16. Smt.Deepa D , D/o D.B.Amminbhavi, Aged about 30 years, Working as High School Teacher, 6

Govt. HPS, Ugginkeri, Kalghatgi Taluk, Dharwad District, Permanent R/o Jain Galli, Kalghatgi, Dharwad.

17. Smt.Chetana D.Amminbhavi, D/o Dharanendra, Aged about 28 years, Working as High School Teacher, Govt. HPS, Kadankoppa, Kalghatgi Taluk, Dharwad District, Permanent R/o Jain Galli, Kalghatgi – 581204, Dharwad.

18. Ms.Pushpa G.Kambar, D/o Guruputra S Kambar, Aged about 29 years, Working as High School Teacher, Govt. HPS, G.Basavanakoppa, Kalghatgi Taluk, Dharwad District, Permanent R/o No.102/A, 8 th Cross, Sharada Colony, Dharwad – 580004.

19. Ms.Vanitha R., D/o Ramanna, Aged about 31 years, Working as High School Teacher, Govt. HPS, Kuruvinakoppa, Kalghatgi Taluk, Dharwad District, Permanent R/o Harlapur Building, Behind Timma Sagar Temple, Vidyanagar 1 st Cross, Hubli.

20. Mr. P.G.Rajeev, S/o Gangadarappa, 7

Aged about 28 years, Working as High School Teacher, Govt. HPS, , Madanbavi Post, Dharwad Taluk & District, Permanent R/o Pillenahalli, Kadur Taluk, Chikamaglur District.

21. Kum.Jayashree M.Jaalagar, D/o Manappa N.Jaalagar, Aged about 29 years, Working as High School Teacher, Govt. HPS, , Permanent R/o No.27/2, 6 th Type, 1st Colony, Ambikanagar, Haliyala, Karawar District.

22. Smt.Hemalatha B.S., W/o Nagaraj S.T., Aged about 28 years, Working as High School Teacher, Govt. HPS, Mangsoor, Permanent R/o C/o Mr.Basavachettiar, 11 th Cross, Haliyal Road, Dharwad.

23. Mr.Yogesh H., S/o Lakshmanppa, Aged about 33 years, Working as High School Teacher, Govt. HPS, Hangaraki, Dharwad Taluk & District, Permanent R/o 2 nd Cross, 2nd Main, Siddaruda Nagar, Bhadravathi – 577301.

24. Mr.Gopalkrishna R. Naik, S/o Ram Naik, 8

Aged about 32 years, Working as High School Teacher, Govt. HPS, Kogilgeri, Dharwad Taluk & District, Permanent R/o Bunder Road, 2nd Cross, Kogti Nagar, Bhatkal, Uttara Kannada District.

25. Mr.Mahadeva Swamy S., S/o late Siddaiah, Aged about 47 years, Working as High School Teacher, Govt. HPS, , Dharwad, Permanent R/o Door No.L.I.G. 39, K.H.B. Colony, Chamarajanagar – 571342.

26. Smt.Bibijan Fakirsab Nadaf, D/o Fakirsab Nadaf, Aged about 34 years, Working as High School Teacher, Govt. HPS, Kurubagatti, Dharwad Taluk & District, Permanent R/o 4 th Cross, Shanthinikethana, Bydevarakoppa, Hubli Taluk, Dharwad District.

27. Mr.Ramachandre Gowda C.V., S/o late Venkate Gowda, Aged about 31 years, Working as High School Teacher, Govt. HPS, Dhopenatti, Dharwad Taluk & District, Permanent R/o Chiruvanahalli, Nambihalli Post, Srinivasapur Taluk, Kolar District. 9

28. Mr.Mahadev G.Gaddemane, S/o Ganapathi S. Gaddemanei, Aged about 31 years, Working as High School Teacher, Govt. HPS, Lalagatti, Dharwad Taluk & District, Permanent R/o Maruthi Nagar, Bhatkal, Uttara Kannada District.

29. Ms.Usha S., D/o Mahalingeshwara Bhat, Aged about 29 years, Govt. HPS, Anchatageri, Hubli Taluk, Dharwad District, Permanent R/o No.116, 3 rd Main, J.P.Nagar, Hubli.

30. Smt.Mamatha S. Bhat, W/o Santosh, Aged about 31 years, Working as High School Teacher, Govt. HPS, , Hubli Taluk & Dharwad District, Permanent R/o No.2, ‘Shri Smruthi’, Padmaraj Nagar, 2 nd cross, Gokul Road, Hubli.

31. Smt.Bharati T. Koragaonkar, D/o Timmappa Koragaonkar, Aged about 31 years, Working as High School Teacher, Govt. HPS, Belagalli, Hubli Rural, Dharwad, Permanent R/o Nagadevi Road, Kumta, U.K.District.

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32. Ms.Vidyavathi P. Kulkarni, D/o Prabhakar V. Kulkarni., Aged about 35 years, Working as High School Teacher, Govt. HPS, , Navanagari, Hubli – 580025, Permanent R/o No.14, Sahajeevana Apartments, Bhavaninagar, Hubli – 23.

33. Ms.Vani M.Patangi, D/o Mahabaleshwar B. Patangi, Aged about 28 years, Working as High School Teacher, Govt. HPS, Amargol, Navanagar Clvester, Navanagar, Hubli – 25. Permanent R/o E.W.S. 803, Navanagar, Hubli – 25.

34. Ms.Sumanghala F. Upashi, D/o Fakkeerappa Upashi, Aged about 36 years, Working as High School Teacher, Govt. HPS, Devargurihal, Hubli Taluk, Dharwad District, Permanent R/o No.31, Vijayanagar Extension, Hubli – 580032.

35. Ms.Vijayakumari K., D/o Krishna Acharya, Aged about 31 years, Working as High School Teacher, Govt. HPS, Bammasamudra, Belgali Post, Hubli Talik, Dharwad Distrct. 11

Permanent R/o Chandragutti, Soraba Taluk, Shimoga District.

36. Ms.Vidya N.Naik D/o Nagappa Naik, Aged about 29 years, Working as High School Teacher, Govt. HPS, , Anchatageri Post, Hubli Taluk, Dharwad District. Permanent R/o Guru Krupa, Behind Gibba High School, Kumta – 581343.

37. Ms.Chandramukhi Venkataratna, D/o C.B.Menedhal, Aged about 29 years, Working as High School Teacher, Govt. HPS, Agrahar Thimmasagar, Hubli Taluk, Dharwad District, Permanent R/o C/o A.S.Rajmani, Near Jain Temple, Akkipete, Old Hubli, Dharwad District.

38. Ms.Vedhavathi B.Bhagawath, D/o Balachandra Bhagawath, Aged about 30 years, Working as High School Teacher, Govt. HPS, Kuradikeri, Hubli Taluk, Dharwad District, Permanent R/o Hubi, Dharwad District.

39. Ms.Chandrika P., D/o Prabhakar Rao, Aged about 27 years, 12

Working as High School Teacher, Govt. HPS, , , Hubli. Permanent R/o C/o S.R.Bhat, Jotwani Chall, Bani, Station Road, Hubli.

40. Ms.Manjula S. Dharani, D/o Sommanna, Aged about 28 years, Working as High School Teacher, Govt. HPS, Umachagi, Hubli Taluk, Dharwad District. Permanent R/o , Channapet, Old Hubli, Hubli – 580024, Dharwad District.

41. Mr. M.S.Kumar, S/o T.Mallikarjunaiah, Aged about 29 years, Working as High School Teacher, Govt. HPS, Agadi, Aralikatte Post, Hubli Taluk, Dharwad District. Permanent R/o Gurukrupa Nilaya, Vedavati Nagar, Hiriyur, Chitradurga District.

42. Mr.Ashoka H.M., S/o Maniyaiah, Aged about 29 years, Working as High School Teacher, Govt. HPS, Malligawada, Hubli Taluk, Dharwad District. Permanent R/o Hosaholalu, A.H.Road, K.R.Pet Taluk, Mandya District.

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43. Mr.N.Prakash, S/o Ningegowda, Aged about 37 years, Working as High School Teacher, Govt. HPS, Uddur, Hunsur Taluk, Mysore District. Permanent R/o No.739, M.K.Rajamma Complex, 3rd Floor, Kashipathi Agrahara, K.R.Mohalla, Mysore – 570024.

44. Smt.Thilaka U.L., D/o Lingappa U.A., Aged about 34 years, Working as High School Teacher, Govt. HPS, Chikk Hunasur, Hunsur Taluk, Mysore District, Permanent R/o No.685, Hari Krupa, Hosa Beedi, Hinkal, Mysore Taluk & District.

45. Smt. Veena K.T., D/o K.L.Thimmaiah, Aged about 29 years, Working as High School Teacher, Govt. HPS, Manuganahalli, Belikere Hobli, Hunsur Taluk, Mysore District. Permanent R/o No.14, Behind Byarayeshwara High School, Hebbal 1 st Stage, Metagalli Post, Mysore.

46. Mr.Manohara M., S/o Mahadevappa, Aged about 33 years, Working as High School Teacher, 14

Govt. HPS, Abbur, Hunsur Taluk, Mysore District, Permanent R/o No.36, Sewage Farm Road, Vidyaranyapuram, Mysore – 08.

47. Smt.Pushpalatha K.S., W/o Ranga Rao Badiger, Aged about 31 years, Working as High School Teacher, Govt. HPS, Aswalu, Karimuddanahalli Cluster, Hunsur Taluk, Mysore District. Permanent R/o Jawhar Navodaya Vidyalaya, Dodda Maragowdanahalli, Mysore – 570026.

48. Mr.Kiran Shivappa Burli, S/o Shivappa, Aged about 35 years, Working as High School Teacher, Govt. HPS, Kawalagudd, Athani Taluk Permanent R/o Ananthpur Post, Athani Taluk, – 591212.

49. Mr.Anand Rama Vhatkar, S/o Rama, Aged about 31 years, Working as High School Teacher, Govt. HPS, , Athani Taluk, . Permanent R/o Karajaga, Ukkeri Taluk, Belguam District.

50. Mr.Dinesh Nagesh Shetty, S/o Nagesh K. Shetty, Aged about 31 years, Working as High School Teacher, 15

Govt. HPS, , Athani Taluk, Belgaum. Permanent R/o Naduchitte, Karki Post, Honavar Taluk, Uttara Kannada District.

51. Mr.Vilas Sairy Pednekar, S/o Sairu Pednekar, Aged about 41 years, Working as High School Teacher, Govt. HPS, Bevnur, Athani Taluk, Belgaum. Permanent R/o Baleguli Post, Ankola Taluk, Uttara Kannada District.

52. Mr.Vageppa Gurulinga Jangalagi, S/o Gurulinga V. Jangalagi, Aged about 29 years, Working as High School Teacher, Govt. HPS, Kempawad, Athani Taluk, Belgaum. Permanent R/o Mole Post, Athani Taluk, Belgaum District.

53. Mr.Aneel S.Gasti, S/o Sidaray, Aged about 31 years, Working as High School Teacher, Govt. HPS, Kempawad, Athani Taluk, Belgaum. Permanent R/o Mole Post, Athani Taluk, Belgaum District.

54. Mr.Channappa S.Gunjigaon, S/o Satyappa, Aged about 33 years, Working as High School Teacher, 16

Govt. HPS, , Athani Taluk, Belgaum. Permanent R/o Post, Athani Taluk, Belgaum District.

55. Mr.Khajabandanawaj Kalad, S/o Abdulraheman Kaladgi, Aged about 47 years, Working as High School Teacher, Govt. HPS, Savadi, Athani Taluk. Permanent R/o Near Jamiya Masjid, Kaladgi Post, Bagalkot Taluk & District.

56. Mr.Basavaraj Fakeerappa Kandagall, S/o Fakeerappa Kandagall, Aged about 31 years, Working as High School Teacher, Govt. HPS, Purvathot, Athani Taluk. Permanent R/o C/o Subhas Neelagar, Shivapete Main Road, Gadag District.

57. Mr.Yogeesha K., S/o Shesu K., Aged about 31 years, Working as High School Teacher, Govt. HPS, , Athani Taluk, Belgaum. Permanent R/o Girija Nilaya Naikankatte, Kega Post, Kundapur Taluk, Udupi District.

58. Mr.Ravi Kumar C., S/o Chandra Shekaraiah, Aged about 37 years, Working as High School Teacher, Govt. HPS, Lakkebail, 17

Permanent R/o No.2538, 2nd Cross, Medarkeri, Near Nanjumalige, Mysore – 570004.

59. Mr.Devaraju D.S., S/o Sannegowda, Aged about 39 years, Working as High School Teacher, Taluk, Belgaum. Permanent R/o Deviger, Kalker Post, Channarayapatna Taluk, Hassan District.

60. Mr.Rajesh Bolar, S/o Vedha Bolar, Aged about 36 years, Working as High School Teacher, Govt. HPS, Ugginkeri, Mundgod, Uttara Kannada. Permanent R/o LIG 56, KHB Colony, 2nd Phase, Gopala, Shivmogga District.

61. Mr.Ravi Kumar H.M., S/o Madegowda, Aged about 37 years, Working as High School Teacher, Govt. HPS, Kodachawada, Khanapur Taluk, Belgavai. Permanent R/o C.Raju, No.10776/B, 1st Cross, Nehrunagar, Belagavi.

62. Ms.Thrupthi K., D/o Karigowda, Aged about 39 years, Working as High School Teacher, Govt. HPS Solapur, 18

Hukkeri Taluk, Belagavi Permanent R/o C/o Raju, No.10776/B, 1 st Cross, Nehrunagar, Belagavi.

63. Ms.Rajashree , D/o Sahadev Hukkeri, Aged about 35 years, Working as High School Teacher, Govt. HPS, Phulbha Galli, Belgavi. Permanent R/o Plot No.3, Bauxite Road, Near Ambedkar Nagar, Belgaum – 590002.

64. Mr.Rajesh Lakshman Kotekar, S/o Lakshman Kotekar, Aged about 36 years, Working as High School Teacher, Govt. HPS, Zunjawad, Khanapur Taluk, Belgaum. Permanent R/o Kattanbhavi, Post, Belgaum Taluk & District.

65. Smt.Subha M.Bhat, W/o Mahesh Heggade, Aged about 32 years, Working as High School Teacher, Govt. HPS, Prabhu Nagar, Khanapur Taluk, Belagavi. Permanent R/o Ayodhya Apartments, Nehru Road, 1 st Gate, Tilakawadi, Belgaum.

66. Smt.Reklia T. Kshirsagar, W/o Ramesh, Aged about 46 years, Working as High School Teacher, 19

Govt. HPS, Hattaragunji, Khanapur Taluk, Belagavi. Permanent R/o C/o Raju, No.10776/B, 1 st Cross, Nehrunagar, Belagaum.

67. Smt. M.B.Sambhaji, W/o Bhimrao Sambhaji, Aged about 36 years, Working as High School Teacher, Govt. HPS, , Khanapur Taluk, Belgaum. Permanent R/o Chandanvel, Plot No.45, 9 th Cross, Bhagyanagar, Belgavi – 590006.

68. Smt.Meenathi L.Kodalkar, W/o Parashuram Kamble, Aged about 35 years, Working as High School Teacher, Govt. HPS, Sivoli, Khanapur Taluk, Belagavi, Permanent R/o C/o Raju, No.10776/B, 1 st Cross, Nehrunagar, Belagaum.

69. Smt.C.G.Gawalkar, D/o Ganapathi Gawalkar, Aged about 29 years, Working as High School Teacher, Govt. HPS, Gunji, Khanapur Taluk, Belagavi. Permanent R/o No.16/A, Ravivarpet, Londa, Khanapur Taluk, Belgaum District.

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70. Smt.Geetha P., W/o Manjegowda, Aged about 31 years, Working as High School Teacher, Govt. HPS, , Taluk, Chikkodi District. Permanent R/o Raghavi General Store, Lingarayara Beedi, Jannapura, Bhadravathi, Shimogga District.

71. Mr.L.Linga Naika, S/o Lakshmana Naika, Aged about 35 years, Working as High School Teacher, Govt. HPS, Hoollkatti, Bailahongal Taluk, Belgaum. Permanent R/o Doddiganal Hosahatti, Sirigere Post, Chitradurga.

72. Mr.Mudlappa G., S/o Govindappa, Aged about 34 years, Working as High School Teacher, Govt. HPS, Hiremunavalli, Khanapur Taluk, Belgaum. Permanent R/o Shattaganahally, Sira Taluk, Tumkur District – 572113.

73. Ms.Kavitha R.G., D/o Rayappa Ganiger, Aged about 35 years, Working as High School Teacher, Govt. HPS, Gadikoppa, Khanapur Taluk, Belgaum. Permanent R/o C/o Raju, No.10776/B, 1st Cross, Nehrunagar, Belagaum. 21

74. Smt.Sneha P.Karoshi, D/o Prakash Karoshi, Aged about 27 years, Working as High School Teacher, Govt. HPS, Chapgaon, Khanapur Taluk, Belgaum. Permanent R/o Plot No.5, Vinayaka Building, Subhas Chandra Nagar, Behind SBI Colony, R.C.Nagar, Belgavi.

75. Mr.Prakash Channappa , S/o Chennappa Mastiholi, Aged about 28 years, Working as High School Teacher, Govt. HPS, , Bailahongal Taluk, Belgaum. Permanent R/o M.K.Hubli Post, Bailhongal Taluk, Belgaum.

76. Ms.Shajahn Begaum, D/o Md.Anwar Saheb, Aged about 33 years, Working as High School Teacher, Govt. HPS, Sindikurbet, Mudalagi Taluk, Chikkodi District. Permanent R/o No.91, 4 th Cross, Azaw Nagar, Belgaum.

77. Smt.Varsha Ramesh Potdar, D/o Ramesh Potdar, Aged about 35 years, Working as High School Teacher, Govt. HPS, Nidasosi, Hukkeri Taluk, Chikkodi District. Permanent R/o C/o R.D.Potar, Plot No.7, CCB-819, 22

Shahu Nagar, Belgaum – 590010.

78. Smt.Vanita A.Potdar, D/o Ashok, Aged about 35 years, Working as High School Teacher, Govt. HPS, , Hukkeri Taluk, Chikkodi, Permanent R/o Plot No.50, Datta Galli, M.Vadagaon, Belgaum.

79. Smt.Manjula Kondi, D/o Earappa Kondi, Aged about 28 years, Working as High School Teacher, Govt. HPS, Khasbag No.3, Belgaum City, Belgaum. Permanent R/o Plot No.1675, Ramteerth Nagar, Belgaum – 590015.

80. Mr.Imtiazahemao H.Faniband, S/o Hasan Sab, Aged about 29 years, Working as High School Teacher, Govt. HPS, Jirigiwad, Dharwad Taluk & District. Permanent R/o No.35, KHDC Colony, Hulyal, Jamkhandi Taluk, Bagalkot District.

81. Smt.Ayeesha S.Janvekar, D/o Sarsaraz, Aged about 36 years, Working as High School Teacher, Govt. HPS, Yaddakagudda, Gokak Taluk, Chikkodi District. Permanent R/o LIG 193, 10 th Cross, Navanagar, Hubli – 580025. 23

82. Mr.Promod Ramesh Achari, S/o Ramesh Subray Achari, Aged about 33 years, Working as High School Teacher, Govt. HPS, Dolleshwar, Hangal Taluk, Haveri District. Permanent R/o Tenkanakeri, Ankola Taluk, Uttara Kannada – 581314.

83. Ms.Shridevi, D/o Chandrakanth Banagar, Aged about 29 years, Working as High School Teacher, Govt. HPS, Keshanahatti, Gokak Taluk, Chikkodi District. Permanent R/o C/o Subhas G.Chenny, Behind Thimmasagar Temple, Vidyanagar 1 st Cross, Hubli.

84. Ms.Saraswati M.Khanur, D/o Manappa, Aged about 30 years, Working as High School Teacher, Govt. HPS, Shivapur, Mudaagi Taluk, Chikkodi. Permanent R/o C/o Prabhakra K.Pattar, 2nd Cross, Vinayaka Nagar, Navalur Post, Dharvvad Taluk & District.

85. Mr.Anilkumar Kademani, S/o Oddappa, Aged about 28 years, Working as High School Teacher, Govt. HPS, Beervalli, Kalaghatgi Taluk, Dharwad. Permanent R/o Chikkerahalli, Hatthur, Honnali Taluk, Davanagere District. 24

86. Mr.Raghavendra Panduranga Naik, S/o Panduranga S.Naik, Aged about 28 years, Working as High School Teacher, Govt. HPS, Vasare, Kudrige Post, Ankola Taluk, Uttara Kannada District. Permanent R/o Belekei Village & Post, Ankola Taluk, Uttar Kannada District – 581321.

87. Smt.Rajeshwari M.Patangi, W/o Shankar, Working as High School Teacher, Govt. HPS, Akkathangerhal, Gokak Taluk, Chikkodi District. Permanent R/o C/o S.K.Dyamannavar, Hospeti Oni, , Belgaum District.

88. Mr.Manu G.M., S/o Maheswarappa G.P., Aged about 29 years, Working as High School Teacher, Govt. HPS , Bailahongal Taluk, Belgaum. Permanent R/o Gorchihosahalli, Channgiri Taluk, Davangere District.

89. Ms.Geetha K.S., D/o Siddappa, Aged about 28 years, Working as High School Teacher, Govt. HPS, Gambyapur, Kalaghatgi Taluk, Dharwad. Permanent R/o Kittanakere Post, Arasikere Taluk, Hassan District. 25

90. Smt.Sumithra K.S., D/o Siddappa, Aged about 32 years, Working as High School Teacher, Govt. HPS, Akkur, Haveri Taluk, Haveri District. Permanent R/o Kittanankere Post, Arasikere Taluk, Hassan District.

91. Smt. A.R.Latha, D/o H.Rudrappa, Aged about 31 years, Working as High School Teacher, Govt. HPS, Hakeritti, Haveri Taluk and District. Permanent R/o Agrahara, Nagenahalli Post, Kadur Taluk, Chikkamagalore District.

92. Mr.Ninge Gowda, S/o Eraiah K., Aged about 34 years, Working as High School Teacher, Govt. HPS, Yadalbhavi, Shorapur Taluk, Yadagiri District. Permanent R/o Kandegala Post, Malavalli Taluk, Mandya District.

93. Mr.Mruthyunjaya A., S/o Appanna, Aged about 39 years, Working as High School Teacher, Govt. HPS, Komalapur, Lakumapur Post, Yelburga Taluk, Koppal District. Permanent R/o C/o Eshwarappa A., Kondlahalli Village & Post, Molkalmuru Taluk, Chitradurga District. 26

94. Mr.Suresh Aladarthi, S/o Basavaraju, Aged about 37 years, Working as High School Teacher, Govt. HPS, Hemanur, Surpur Taluk, Gulbarga District. Permanent R/o Plot No.145, GDA Layout, Road, Veerendra Patil Nagar, Gulbarga – 5.

95. Mr.Ravindra Maldavalkar, S/o Venkat Rao, Aged about 40 years, Working as High School Teacher, Govt. HPS, Yargal, Chittapur Taluk, Gulbarga District. Permanent R/o House No.6-47, Renuka Sadana, Jagruthi Road, Gulbarga.

96. Mr.Arun Kumar, S/o Mallikarjun, Aged about 30 years, Working as High School Teacher, Govt. HPS, Kakhandaki, Jewargi Taluk, Gulbarga District. Permanent R/o Plot No.7, Kamadenu Layout, Near Sai Mandir, Gulbarga – 03.

97. Mr.Siddaram C.Loni, S/o Channabasappa Loni, Aged about 39 years, Working as High School Teacher, Govt. HPS, Rajoila, Chittapur Taluk, Gulbarga District. Permanent R/o No.2-911/1/2/77, 27

Shivashakti Nivas, Prashant Nagar, Gulbarga – 5.

98. Mr.Shanth Gowda, S/o Saeba Kanti, Aged about 38 years, Working as High School Teacher, Govt. HPS, Belgumpa, Chittapur Taluk, Gulbarga District. Permanent R/o LIG – 122, 1st Phase, Adarsh Nagar, Gulbarga.

99. Mr.Sakreppa, S/o Siddappa, Aged about 36 years, Working as High School Teacher, Govt. HPS, Sathkhed, Jewargi Taluk, Gulbarga District. Permanent R/o Divalgudda, Rangampet Post, Shorapur Taluk, Yadgir District.

100. Mr.Afzal Ahmed, S/o Alla Bakash, Aged about 36 years, Working as High School Teacher, Govt. HPS, , Jewargi Taluk, Gulbarga. Permanent R/o No.ENS – 93, Shanti Nagar, KHB Colony, Gulbarga – 3.

101. Mr.Venkata Reddy, S/o Channabasappa, Aged about 36 years, Working as High School Teacher, Govt. HPS, Kamarwadi, Chittapur Taluk, Gulbarga District. 28

Permanent R/o Plot No.47/8, No.221, Near Veeratapasvi English Medium Schook, Biddapur Colony, Gulbarga – 03.

102. Mr.M.Nandagiri, S/o Peerappa Nandagiri, Aged about 36 years, Working as High School Teacher, Govt. HPS, Malaga (K), Chittapur, Gulbarga District. Permanent R/o Plot No.1/3, “Anupriya”, Ghatge Layout, Gulbarga.

103. Mr.Ramachandra A.Joshi, S/o Ashok Joshi, Aged about 29 years, Working as High School Teacher, Govt. HPS, Shankarwadi, Chittapur Taluk. Permanent R/o Plot No.96, Sita Nilay, Bendre Nagar, Jewargi Colony, Gulbarga.

104. Mr.Naveen Aravind Cholvekar, S/o Aravind N. Cholvekar, Aged about 31 years, Working as High School Teacher, Govt. HPS, Hireharkuni, Kundagol Taluk, Dharwad District. Permanent R/o Near S.D.M. Office, Veerabhadra Galli, Sirsi – 581401.

105. Mr.Satyanarayana M. , S/o Manohar, Aged about 35 years, Working as High School Teacher, Govt. HPS, , Kundagol Taluk, Dharwad District. 29

Permanent R/o 2 nd Cross, Eshwaranagar, Giriyala Road, Old Hubli, Dharwad – 580034.

106. Mr.Aravindbabu R., S/o Ravindranatha V., Aged about 33 years, Working as High School Teacher, Govt. HPS, Taralaghatta, Kundagol Taluk, Dharwad District. Permanent R/o Near Sri Kanakamatha, Kobaripete, Hosadurga Taluk, Chitradurga – 577527.

107. Mr.Ganesh V. Hegde, S/o Venkatasubba D. Hegde, Aged about 29 years, Working as High School Teacher, Govt. HPS, Savikeri, Balehalli Post, Hangal Taluk, Haveri District. Permanent R/o ‘Guru Prasad’ Houses, Kadle Post, Honnavar Taluk, Uttar Kannada District.

108. Mr.Kumara A.C., S/o Chandrappa, Aged about 42 years, Working as High School Teacher, Govt. HPS, , Kundgol Taluk, Dharwad District. Permanent R/o Agrahara, Nagenahalli Post, Kadur Taluk, Chikkmaglur District.

109. Mr.Suresh Hegde, S/o Krishna Hegde, Aged about 31 years, 30

Working as High School Teacher, Govt. HPS, Ramankoppa, Kundagol Taluk, Dharwad District. Permanent R/o Murudeshwara Temple, Bhatkala Taluk – 581350.

110. Smt.Ashwini S.Naganasure, D/o Suresh S Naganasure, Aged about 26 years, Working as High School Teacher, Govt. HPS, Kundagol, Kundagol Taluk, Dharwad District. Permanent R/o Guru Kripa, No.408/28, Achehavvana Colony, Srinagar, Hubli.

111. Mr.Vishwanath Hiremath, S/o Siddaramaiah Hiremath, Aged about 38 years, Working as High School Teacher, Govt. HPS, , Kundagol Taluk, Dharwad. Permanent R/o No.24, Jawali Flats, Opposite Silver Town, Gokul Road, Hubli.

112. Mr.Mahabaleshwara B.Naik, S/o Badiya Naik, Aged about 34 years, Working as High School Teacher, Govt. HPS, Hale Hanchanal, Kundagol Taluk, Dharwad District. Permanent R/o Kariyasaramane, Gorate Post, Bhatkala Taluk, U.K.District.

113. Mr.Dinesh Ghanteppa Athani, S/o Ghanteppa Channabasappa, 31

Aged about 39 years, Working as High School Teacher, Govt. HPS, Shirur, Kundagol Taluk, Dharwad. Permanent R/o No.LIG-3, Santhosh Nagar, Hubli – 580032.

114. Mr.Hemaraju M., S/o Mudugiriyappa, Aged about 37 years, Working as High School Teacher, Govt. HPS, Chikkgunjal, Kundagot Taluk, Dharwad. Permanent R/o Sheeranakatte, Madavakere Post, Hosadurga Taluk, Chitradurga District.

115. Mr.Ravikumar D.P., S/o Parappa, Aged about 32 years, Working as High School Teacher, Govt. HPS, Sanklipur, Kundagol Taluk, Dharwad. Permanent R/o ‘Basaveshwara Krupa’ Rajendra Nagar, Shivmogga, Shivmogga District.

116. Smt.Geetha Bhagwat, D/o Bhalchandra Bhagwat, Aged about 29 years, Working as High School Teacher, Govt. HPS, Sammasagi, Hangal Taluk, Haveri District. Permanent R/o Sammasagi Village & Post, Hangal Taluk, Haveri District.

117. Ms.Bhuvaneshwari Hiremath, D/o Veerabhadrayya, 32

Aged about 37 years, Working as High School Teacher, Govt. HPS, Bhadrapur, Navalund Taluk, Dharwad. Permanent R/o No.132, Basaveshwara Nagar, Gokul Road, Hubli – 30.

118. Ms.Leelavathi I Terdal, D/o Ishwar N Terdal, Aged about 28 years, Working as High School Teacher, Govt. HPS, Bennur, Navalaund Taluk, Dharwad. Permanent R/o C/o R.S.Shindhe, No.130, Near Ayurvedic Hospital, Old Hubli – 580024.

119. Mr.Praveen Kumar N. Siddappagoudar S/o Nagendrappa, Aged about 29 years, Working as High School Teacher, Govt. HPS, Shirur, Taluk, Dharwad. Permanent R/o No.62, Venkateshwar Nagar, Gokul Road, Hubli.

120. Mr.Krishna M.L., S/o Muthiah, Aged about 34 years, Working as High School Teacher, Govt. HPS, , Navalgund Taluk, Dharwad. Permanent R/o Thaggahalli Post, Mandya Taluk & District.

33

121. Mr.Ramesh H., S/o Honnuraiah, Aged about 39 years, Working as High School Teacher, Govt. HPS, , Navalgund Taluk, Dharwad. Permanent R/o Thaggahalli Post, Mandya Taluk & District.

122. Mr.Veerabhadraswamy K.J., S/o Jayashankara, Aged about 31 years, Working as High School Teacher, Govt. HPS, , Navalgund Taluk, Dharwad. Permanent R/o Kaliyur Village & Post, T.Narasipur Taluk, Mysore District – 571442.

123. Smt.Rajeshwari S. Annigeri, D/o Shankarappa Annigeri, Aged about 30 years, Working as High School Teacher, Govt. HPS, Navalgund, Navalgund Taluk, Dharwad. Permanent R/o Panchaxari Nagar, 4th Cross, Gadag.

124. Smt.Savitha B. Kalagi, D/o Basavaraj Kalagi, Aged about 38 years, Working as High School Teacher, Govt. HPS, , Navalgund Taluk, Dharwad.

125. Mr.Paramesi S., S/o Shankar Naik, 34

Aged about 38 years, Working as High School Teacher, Govt. HPS, , Navalgund Taluk, Dharwad. Permanent R/o Kalti Thanda & Post, Hoovina Hadagali Taluk, Bellary District – 583214.

126. Mr.Puttappa Siddappa Bhajantri, S/o Siddappa Bhajantri, Aged about 33 years, Working as High School Teacher, Govt. HPS, Balavatagi, Navalgund Taluk, Dharwad. Permanent R/o Huralikuppi Post, Savanur Taluk, Haveri District.

127. Mr.Umesh B.Chittaragi, S/o U.B.Chittaragi, Aged about 35 years, Working as High School Teacher, Govt. HPS, Chilkwad, Navalgund Taluk, Dharwad. Permanent R/o C/o Vajjramati Sir, Mahalakshmi Nivas, Jayanaor Last Cross, Ramdurga, Belgaum District.

128. Mr.Vikram A.L., S/o A.T.Lakshman, Aged about 38 years, Working as High School Teacher, Govt. HPS, Talemorab, Navalgund Taluk, Dharwad. Permanent R/o C/o A.H.Mattur, No.181, Srinikethana, 5 th Main, 5th Cross, C.B.Nagar, Dharwad. 35

129. Mr.Manohar ED: Ghatnur S/o Dasharathappa H. Gharnur, Aged about 42 years, Working as High School Teacher, Govt. HPS, , Ramdurga Taluk, Belgaum. Permanent R/o Rajangal Peth, W.No.4, Gulegudd, Badami Taluk, Bagalkot District.

130. Mr.Krishna Kumar K.P., S/o Ramappa K.P., Aged about 31 years, Working as High School Teacher, Govt. HPS, , Siraguppa Taluk, Bellary District. Permanent R/o LIG-146, Nethaji Nagar, Bellary.

131. Mr. Murugan G., S/o Govindaraju, Aged about 31 years, Working as High School Teacher, Govt. HPS, Kuruvalli, Siruguppa Taluk, Bellary District. Permanent R/o Old Hooital Road, Gundlupet, Chamarajnagar.

132. Mr.N.R.Surendra, S/o Ramegowda, Aged about 31 years, Working as High School Teacher, Govt. HPS, Kuruvalli, Siriguppa Taluk, Bellary District. Permanent R/o Valagerehally, Maddur Taluk, Mandya District.

36

133. Mr.Satisha, S/o Govindaraju, Aged about 40 years, Working as High School Teacher, Siruguppa Taluk, Bellary District. Permanent R/o No.2779, 4 th Cross, Gandhinagar, Mandya.

134. Mr.H.Thimme Gowda, S/o Karigowda, Aged about 37 years, Working as High School Teacher, Govt. HPS, Gosabalu, Siraguppa Taluk, Bellary District. Permanent R/o Haluvadi, Taggalli Post, Mandya Taluk & District.

135. Mr.D.Sateesh, S/o N.Deveerappa, Aged about 32 years, Working as High School Teacher, Govt. HPS, Beeralli, Siraguppa Taluk, Bellary District. Permanent R/o Malenahallil, Sollapura Post, Tarikere Taluk, Chickniagalur District.

136. Mr.G.Mahesh, S/o Gurumallappa, Aged about 35 years, Working as High School Teacher, Govt. HPS, Balakundi, Permanent R/o Holalu, Mandya Taluk & District.

137. Mr.T.Hulugappa, S/o Thimmappa, 37

Aged about 36 years, Working as High School Teacher, Govt. HPS, Upparahosalli, Siraguppa Taluk, Bellary District. Permanent R/o Machenahalli, Venkatapura Post, Molakalmuru Taluk, Chitradurga District.

138. Mr.G.Prabhakar, S/o Gurumurthy Aged about 33 years, Working as High School Teacher, Govt. HPS, Navalgunda, Navalgunda Taluk, Dharwad District. Permanent R/o Near Model High School, Basaveswara Road, Navalagund.

139. Mr.Siddarudha Neraki, S/o Hanumappa, Aged about 27 years, Working as High School Teacher, Govt. HPS, Navalagunda, Navalgunda Taluk, Dharwad District. Permanent R/o C/o S.H.Neraki, Subhash Nagar, Hubli.

140. Smt.Deepa P.Heregoudra, D/o Prabhugouda, Aged about 27 years, Working as High School Teacher, Govt. HPS, Pole, Chabbi Post, Hubli Taluk, Dhatawad District. Permanent R/o , Kundgol Taluk, Dharawar District.

141. Smt.R.Rekha, D/o T.Rangappa 38

Aged about 27 years, Working as High School Teacher, Govt. HPS, , Kalaghtagi Taluk, Dharawada District. Permanent R/o Geetha Nilaya, 6th Cross, Vidyanagar, Shimoga.

142. Mr.G.N.Shalini, S/o Nanjundaradhya, Aged about 35 years, Working as High School Teacher, Govt. HPS, Kuppinakere, Kudalagi Taluk, Bellary District. Permanent R/o Shreyas Gowrapura, Ajjampura Post, Tarikere Taluk, Chikmagalur District.

143. Mr.T.R.Sridhar, S/o Ragavan T.S., Aged about 31 years, Working as High School Teacher, Govt. HPS, Makanadaku, Kudligi Taluk, Bellary District. Permanent R/o Maruthi Nagar, Arsikere, Hassan District.

144. Mr.Uday G.Haladodi, S/o Gundurao Haladodi, Aged about 39 years, Working as High School Teacher, Govt. HPS, , Gokak Taluk, Chikkodi District. Permanent R/o Gurukwar Peth, No.4282/A, Gokak, Belgaum.

145. Mr.Rajashekhar Mallayyagol, Vasani Mallayyagol, 39

Aged about 35 years, Working as High School Teacher, Govt. HPS, , Gokak Taluk, Chikkodi District. Permanent R/o Near Hanuman Temple, Aaditya Nagar, Gokak Taluk, Belgaum.

146. Mr.Subhas Bhajantri, S/o Hanamani Bhajantri, Aged about 39 years, Working as High School Teacher, Govt. HPS, , Gokak Taluk, Chikkodi District. Permanent R/o Near Court Circle, Saj Nagar, Gokak Taluk, Belgaum District.

147. Mr.S.Nagaraja, S/o Sangappa H., Aged about 27 years, Working as High School Teacher, Govt. HPS, Ramadurga, , Permanent R/o 1 st Cross, Left Side NMC, Bhadravathi, Shimoga District.

148. Mr.Gangadharan M., S/o Manikyam, Aged about 36 years, Working as High School Teacher, Govt. HPS, Ganagatte, Kudalgi Taluk, Bellary District. Permanent R/o Surigitoop, Bhadravathi, Shimoga District.

149. Mr.T.N.Manjunath, S/o Nagendra Kumar, 40

Aged about 29 years, Working as High School Teacher, Govt. HPS, Jamarli, Kudalgi Taluk, Bellary District. Permanent R/o Tandaga, Turvekere Taluk, Tumkur District.

150. R.G.N.Manjunatha, Narayana Gowda, Aged about 33 years, Working as High School Teacher, Govt. HPS, Amaradevara Gudda, Kudalgi Taluk, Bellary District. Permanent R/o Boddaeeranahalli, Parasurampura Hobli, Chellakere Taluk, Chitradurga District.

151. Mr.S.Shivakumar, S/o K.B.Shivanand, Aged about 29 years, Working as High School Teacher, Govt. HPS, B.B.Thanda, Kudalgi Taluk & Post, Bellary District. Permanent R/o Rangenahalli, Tarikere Taluk, Chickmagalur District.

152. Mr.Srinivas Manjunath Kamath, S/o Manjunath Srinivas Kamath, Aged about 31 years, High School Teacher, Govt. KBHPS, K. Village & Post, B.Bagevadi Taluk, Bijapur District. Permanent R/o Hegde Village & Post, Kumta Taluk, North Canara District.

153. Ms.Suvarnagouri Pal, D/o Subray Pai, Aged 30 years, 41

High School Teacher, Govt. HPS, Kambagi, Bijapur Taluk & District. Permanent R/o Hegde Village & Post, Kumta Taluk, North Canara District. ...Respondents

(By Shri Javid Hussain, Adv for R105 & R110 Shri H.Mohan Kumar, Adv for R1, 2, 5, 12, 25, 126, 138, 73, 115, 125, 119, 54, 4, 15, 13, 7, 8, 14, 151, 11, 9, 141, 19, 85, 10, 104, 16, 17, 32, 33, 34, 35, 36, 39, 41, 37, 74, 123, 127, 139, 107, 114, 116, 120, 124, 48, 53, 144, 145, 146, 143, 147, 148, 149, 28, 65, 122, 128, 152, 153, 20, 21, 29, 30, 38, 43, 44, 45, 49, 50, 52, 57, 59, 60-62, 66-71, 76-78, 81, 82, 84, 88, 93, 94, 99, 103, 112, 118, 121, 130, 131, 133, 136, 141, 142 & 150, R-3, 6, 20, 22-24, 31, 40, 42, 46, 47, 51, 55, 56, 58, 63, 64, 72, 75, 79, 80, 83, 86, 87, 89, 90, 91, 92, 95, 96, 97, 98, 100, 101, 102, 106, 108, 109, 111, 113, 117, 129, 132, 134, 135, 137 & 140 are served)

These Writ petitions are filed under Articles 226 and 227 of the Constitution of praying to quash the order passed by the Karnataka Administrative Tribunal in Application Nos.4242-4394/2010 vide Annexure-A, dated 20.01.2012.

These Writ Petitions coming for preliminary hearing this day, N.K.Patil J ., made the following:-

42

O R D E R

The petitioners in these petitions are questioning the legality and correctness of the order dated

20.01.2012 passed in Application Nos.4242-4394/2010 on the file of the Karnataka Administrative Tribunal at

Bangalore, wherein the respondent Nos.1 to 153 had questioned the correctness of the Official Memorandum dated 07.04.2010 passed by the second petitioner herein and further sought for a direction to direct the petitioners to inflict transfers/postings strictly in accordance with the K.S.C.S. (Regulation of Transfer of

Teachers) Act, 2007 and to give postings strictly in accordance with the conditions of service stipulated in the Karnataka Education Department Services

(Department of Public Instruction) (Recruitment)

(Amendment) Rules, 2002. The applications filed by the said respondents came to be allowed and the Official

Memorandum dated 07.04.2010 vide Annexure ‘A6’ produced along with the applications was quashed so 43

far it related to Clause 13 (F)(G)(H). The Tribunal further directed the petitioners to effect transfer/postings strictly in accordance with the K.C.S.

(Regulation of Transfers of Teachers) Act, 2007 and give postings to the respondent Nos.1 to 153 in accordance with the provisions of the said Act. Being dissatisfied with the order passed by the Karnataka Administrative

Tribunal, Bangalore, (hereinafter referred to the as ‘the

Tribunal’ for short), the petitioners felt necessitated to present these writ petitions.

2. The undisputed facts of the case in hand are, the respondents herein were the applicants before the

Tribunal questioning the correctness of the Official

Memorandum and seeking appropriate directions as stated supra. The respondents had contended that they are working as High School Assistant Teachers Grade-II having the degree qualification in Physics, Chemistry and Mathematics as optional subjects along with B.Ed. 44

degree. Having regard to the requisite qualifications and eligibility, the respondents were appointed as High

School Assistant Teachers Grade-II in the second petitioner-Department in the pay scale of Rs.4575-8400

(Revised pay scale Rs.8825-16000) and their appointment was made under the provisions of the

Karnataka Education Department Services (Department of Public Instruction) (Recruitment) (Amendment) Rules,

2002, between the academic year 2004-2005 and 2006-

2007. They have been posted to the Higher Primary

School where Serva Shikshana Abhiyana scheme was being implemented. Under the said scheme, certain

Primary Schools were given 8 th Standard for the benefit of the children. When they were discharging their duties, without making any special Rules, a decision was taken to transfer teachers i.e., the respondents to teach for 6th and 7 th std. students. Therefore, being aggrieved by Clause-13 vide Annexure ‘A6’ passed by the second petitioner, the respondents filed applications 45

before the Tribunal. When the said applications had come up for consideration, the Tribunal after hearing both the sides and considering the stand taken by the petitioners and the respondents and after perusing the

Rules and the material available on record, has allowed the applications and issued appropriate directions as stated supra holding as to whether these conditions could be laid down under the Official Memorandum is the point for consideration. Further, there are no special Rules made so far as the transfers of teachers like the respondents are concerned. These teachers are similarly situated persons along with other teachers, as there are no special rules for their appointment, for their service benefits and for transfers etc. Virtually these teachers are placed equally along with other teachers who are recruited under the Cadre and

Recruitment Rules and serving in other Schools. The

Tribunal by assigning valid reasons and after due consideration of the relevant material on file in 46

paragraphs-19 and 20 of its order, has allowed the applications. Being dissatisfied with the order passed by the Tribunal vide Annexure ‘A’, the petitioners have presented these writ petitions.

3. The principal submission canvassed by the learned Government Pleader appearing for the petitioners, at the outset, is that the Tribunal has committed grave error muchless material irregularity in proceeding to set aside the Official Memorandum dated

07.04.2010 vide Annexure ‘A6’ issued by the second petitioner so far as it relates to Clause-13 (F)(G)(H) and the same cannot be sustained. She vehemently contended that as per the appointment order and the terms and conditions of their service, when the respondents are required to teach for 6 th and 7 th std. students, they ought not to have questioned the said

Clause. The said Clause in the Official Memorandum issued by the second petitioner, is given effect 47

considering the non-availability of the Teachers on the ground that these respondents were appointed under a specific scheme, and their services can be utilized and if vacancies are not filled up, the same will be carried out only with mutual consent and no injustice would be caused. She further submitted that clause-13 in the

Official Memorandum dated 07.04.2010 is not arbitrary and unreasonable. When the vacancy has not been filled up and when the teachers are appointed under the

Scheme implemented by the Central Government for the purpose of utilizing their services to teach Classes 6 th and 7 th , the same does not violate the terms and conditions of appointment. Therefore, she submitted that the impugned order passed by the Tribunal is liable to be vitiated at the threshold, as otherwise it is difficult for the authorities to function. The vacancies of

Teachers have to be filled up and their services are badly needed to teach for Classes 6 th and 7 th . Therefore, she submitted that there is no justification for passing 48

such an order. On the other hand, if the same is implemented, direction-3 issued by the Tribunal will create a vaccum and it will be very difficult for the

Department to function and continue to teach Classes

6th and 7 th . Further she was quick to point out and submitted that the respondents being fully aware of the

Clause that as and when their services are required, they will be transferred to other places where vacancies exist and it does not take away their privilege nor the terms and conditions of their service will be affected.

Therefore, she submitted that the order impugned is liable to be set aside and official memorandum dated

07.04.2010 is liable to be upheld.

4. As against this, the learned Counsel appearing for the respondents inter alia contended that the

Tribunal has allowed the applications after due consideration of the oral and documentary evidence and other material on file. To substantiate this submission, 49

the learned Counsel pointed out the reasonings assigned by the Tribunal at paragraphs-18, 19 and 20 of the order, wherein it is mentioned that the authorities have not made any special rules for the transfer of

Teachers like the respondents since their transfer is governed strictly in accordance with K.C.S. (Regulation of Transfers of Teachers) Act, 2007. This aspect of the matter has been rightly considered and appreciated by the Tribunal by assigning valid reasons and has accordingly, passed well-founded and well-reasoned order and therefore the same does not call for interference by this Court.

5. After careful consideration of the submission made by both the parties and after perusal of the order impugned passed by the Tribunal, we do not find any error muchless material irregularity nor there is miscarriage of justice. In the impugned order, Clause-

13 has been extracted at internal page-49 and the 50

Tribunal has discussed elaborately in paras-17 and 18 and has specifically pointed out as to whether the conditions noted down in the official memorandum is the point for consideration. As aforesaid there are no special Rules made so far as transfer of Teachers like the respondents are concerned, but these respondents- teachers are similarly situated persons like other teachers and there are no special rules for their appointment, for their service benefits and for transfers.

Further, the Tribunal observed that virtually these

Teachers are placed equally along with other teachers who are recruited under the Cadre and Recruitment

Rules and serving in other Schools.

6. The learned Government Advocate appearing for the petitioners herein has stated that Clause-13 has reasonable restrictions. It will not adversely affect any terms and conditions or the privilege of the respondents. The Tribunal observed that except making 51

his oral submission, he has not produced any credible document to substantiate, their case. As aforesaid, service conditions like salary, seniority etc., of these teachers are done along with other teachers recruited under the General Recruitment Rules. The Tribunal after going through the relevant material available on file and the clause introduced by the government found that unreasonable restrictions have been imposed under the said clause and such restrictions cannot be sustained. Further it observed that it is only Teachers

Transfer Act, 2007, which is applicable to all the

Teachers who are working either in the upgraded High

Schools or in other High Schools, through the process of computerized counseling for affecting their transfers under the provisions of the Teachers Transfer Act, 2007.

7. The said reasonings given by the Tribunal in paragraphs-19, 20 are well founded. It is further worthwhile to refer that their transfers are governed 52

under the K.C.S. (Regulation of Transfers of Teachers)

Act, 2007. The said direction is issued strictly in consonance with the relevant Regulations after due consideration of all the relevant material on file. We do not find any error or unreasonableness or illegality in the order passed by the Tribunal. Accordingly, we decline to interfere with the order passed by the

Tribunal.

8. For the foregoing reasons, these writ petitions filed by the petitioners are dismissed as devoid of merits.

Ordered accordingly.

Sd/- JUDGE

Sd/- JUDGE

JT/-