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IN THE HIGH COURT OF KARNATAKA, AT BANGALORE
DATED THIS THE 22"" DAY OF SEPTEMBER. 10
BEFORE
THE I-ION' BLE MR. JUSTICE RAM -
WRIT PETITION NO.690_40__F 2009' '{S5TR)%'- , E
BETWEEN
JAYANNAV
TEACHER, AGE 48 YEARS _ ' .
SRI. GURUSIDHA MALLARI I~IIOH's_C'ROOL '-
KURADA HALI, DESHANE POS"§..... _ 'I
ARASIKERE 'DQ., HASSA_N*~DIS'I'. _ ._ ....."PET'i'1'IO1\FER
{BY SMT. SUMANA BALIGA
AND: H A A A A
1 THE-COMAAIESIONER _ ._
PUBLIC--i.EDUCATION..'DEPARTmENT
NRUPATUNGA ROAD, EAINGAEORE. _'
DIRECTOR AND' THE.' COMP "
AUTHORETY, (O91) _ , ,
PUBLIC EIDUCATEQN DEPARTMENT
_ _ VNRU PA'E{JNGA ROAD ;--..BANGAIJORE.
'"'.,DEPUTY {DDPI}
PL] ELI ED'U_CATI ON. DEPARTMENT
8:"
A BLOCE§.__EDUC_ATl'dN OFFICER
PUBLEC EDUCATION DEPARTMENT
Q ' ~ CHIKKANAYAKANA HALLI
- CRIKRANAYAKANA HALL] TALUK.
'SR1. VGAVIRANGANATI-IA VIDHYA PEETA
EDUCATION SOCIETY
. 1' OODDANNAOERE, CHIKKANAYAKANA HALLI
39%
l\)
TALUKA, TUMKUR DISTRICT
REPJSY ITS SECRETARY.
6 SR1. PARADESHIKENDRA SWAMIJI
VIDHAYA FEET ®{I-IS}
RANGAPURA, TIPTURU TQ
HASAN DISTRICT.
RERBY ITS SECRETARY.
7 SR1. GURUSIDHA MALLARI HIQHISCROOI.
KURADA HALI, DESHANE POST ' _ ' - .
ARASIKERE TQ.. HASSAN_D1STRICI*' y _ I
RERBY ITS SECRETARY; "_ ..Ii?..ESPQNDEN"fS" "
[BY SR1. RAGHAVENDRA G GAYA1IHIRJ,";4%IGA FORR1 4)
[BY SR1. B pALAKSHA1AH;..A1)\f' FORE'-R_5}_ I' '
THIS PETITION FILED U'ND:ER..\.ARTICLE 226 & 227 01:'
THE CONSTITIITION o1=iINDIA P--RAYINC. To,DIREcT THE RI To
TRANSFER TIIE_pEnTI;oNER'.sT'o' I~I.I'S.._I>AR'EI~rT INSTITUTION I.E.
Sm RESPONIJENLPs{:HooL,"' SR1'. SAVIRANGANATHA VIDHAYA
PEETA EDIIcAfiJjIo.1\*.';S0cI_ET'Ia_ DODDANNAGERE; AND Erc.
ON 'FoR..RRELIMINARY HEARING IN 'B'
GROUP, THIS' DAY, CQIIRT MADE THE FOLLOWING:
"QTSQRDER
.,T}he'upetitiovI1er; avsteacher in the 7th respondent --
– _S’C”n:oo3f’ Hayingéyymade a request in writing to the
Department of Public Education to
transfer to the parent institution, that is the 531
.. respondent ~ School where he would be promoted to the
of Headmaster, when not considered, has
“presented this petition for a writ of mandamus.
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2. Petition is opposed by filing Statement of
objections dated 17.06.2010 of the respondent ~
Department of Public Instructions interalia
that the petitioner when appointed as a
5th respondent ~ institution the ST
per pupil ratio of minimum
class and maximum of 70 s’tudents, in VIII to
X of the School w.as~…not_«”dachieyepd-._pand loeing less, in
number, as set out in Rule 3 of the
Karnataka ;_”Ed’3p1}cational *”lnstituftio.n..:A[Recruitment and
Terms andxCondition’s:’of__Service of Employees in Private
Aided Secondary Educational. Institutions}
R1J.ies,i’~l999}” ‘Rules’), the State Government,
,0 1:qeXerc.ivsing4:poyver under Section 98(3) of the Kamataka
0′ 1983 read with Rule 11(6) of the Rules,
transferred the petitioner to the 6111 respondent ~– Sri.
faradeshikendra Swamiji Vidhya Peet [R] (HS),
v’Rangapura, from where he was directed to discharge
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duties in the 79′] respondent — institution run by the 6th
respondent. According to the respondent, transfer of
employees from one aided institution to anothen
institution is permissible in case by then
Management or employees ‘».f0r:_”=a.:’ traiisferffto ‘rgan
institution of different management fwith’ ‘consent of ”
both the management T. Rules.
provided that in or
employees for transfehriifii two different
may accord
to Condition in respect
of different management, the
eniployee’ earns “the” seniority in the Concerned
Ainstitiitiongfrom Vthevdate of reporting to duty in the new
petitioner having not submitted a
eonsent lettfer of both the Managements, that is of the
_ 51511 respondent — Institution and the 7th respondent —
‘ ‘~~V_V'”‘”–is’titution, his claim is not considered.