Karnataka High Court
Smt B V Sarasavalli vs The Commissioner on 17 June, 2014
Author: L.Narayana Swamy
Bench: L.Narayana Swamy
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 17TH DAY OF JUNE, 2014
BEFORE
THE HON'BLE MR.JUSTICE L.NARAYANA SWAMY
WRIT PETITION NO.47247 OF 2013 (S-TR)
BETWEEN :
SMT. B.V.SARASAVALLI
D/O: B. VENKATACHALAPATHI
(AGED ABOUT 54 YEARS)
ASST. PROFESSOR IN MATHEMATICS
B.M.S COLLEGE FOR WOMEN
BASAVANAGUDI, BANGALORE-560 004
(NOW UNDER ORDER OF DEPUTATION TO
GOVT 1ST GRADE COLLEGE, HAVERI)
... PETITIONER
(BY SRI.RANGANATH S. JOIS, ADV.,)
AND
1. THE COMMISSIONER
DIRECTORATE OF COLLEGIATE EDUCATION,
KARNATAKA,
2ND FLOOR, TECHNICAL EDUCATION BLDG
PALACE ROAD
BANGALORE-560 001.
2. THE DIRECTOR
DEPARTMENT OF COLLEGIATE EDUCATION
2ND FLOOR, TECHNICAL EDUCATION BLDG
PALACE ROAD
BANGALROE 560001.
3. THE PRINCIPAL
B.M.S. COLLEGE FOR WOMEN
BASAVANAGUDI
BANGALORE-560 004.
... RESPONDENTS
(BY SMT. M.S.PRATHIMA, HCGP FOR R1 & R2,
SRI.SRINIVAS & BADRI ASSTS., ADV., FOR R-3)
2
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA WITH A PRAYER TO CALL FOR
THE ENTIRE RECORDS RELATING TO THE IMPUGNED
ORDER OF DEPUTATION DT.3.10.2013 PASSED BY THE R-2
VIDE ANNX-A AND PERUSE AND QUASH THE SAME AS
ERRANEOUS, ARBITRARY, DISCRIMINATOR, ILLEGAL AND
CONTRARY TO LAW & VIOLATIVE OF ARTICLE 14, 16(1) OF
THE CONSTITUTION OF INDIA, IN SO FAR AS THE
PETITIONER IS CONCERNED.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
The petitioner is working as an Assistant Professor in the Department of Mathematics, B.M.S. College for Women, Bangalore. By virtue of an order dated 03-10-2013, the petitioner has been transferred to Government First Grade College, Haveri. The reason for transferring the petitioner is that there was no adequate requisite work load at the said college. In order to accommodate the same, petitioner was transferred to Haveri.
2. Learned counsel for the petitioner submits that as per the statement of objections filed by the respondent No.3, in which it has been stated that petitioner has 12 hours of work load per week and for the remaining 4 3 hours, for which the petitioner has to work, she should not have been transferred to Haveri, instead, her services had to be accommodated in Bangalore.
3. In order to substantiate the case, learned counsel relied upon the Government Orders dated 06-11-2013 and 07-11-2013 wherein, in a similar circumstances, some persons have been accommodated for two days, five hours in a nearby place. Therefore, the transfer of the petitioner is arbitrary and contrary to law. Hence, learned counsel submitted to set aside the impugned order of deputation dt:03.10.2013 passed by the respondent No.2 and direct the respondent No.3, to transfer the petitioner to nearby college in Bangalore only.
4. Learned counsel for the respondent No.3 filed statement of objections. It is stated in the objections statement that the ground for transfer was made in the best interest of petitioner herself for want of requisite work load and it is a temporary one. In case, if her work load is increased, she will be repatriated to her original place. Learned counsel made the submission that in order to 4 adjust work load of 16 hours, the colleges have to follow the University Regulations. Hence, requested to dismiss the petition.
5. The petitioner has been transferred vide Annexure-A from B.M.S. College for Women, Bangalore to Government First Grade College, Haveri, on the ground to allot the work load of 16 hours per week. But as per the statement of objections, work load of 12 hours per week is available and in order to adjust the remaining 4 hours work as per UGC guidelines, the petitioner has been transferred to Haveri.
6. As per the submission of the learned counsel for the petitioner, the appointment of the Mathematics professor shall be done as per regulation scheme and syllabus of Bangalore University as referred in Annexure - C which states as - "In each semester two hours of problem working classes are to be conducted in batches of not more than 15 students in each batch". If these hours are calculated, it would adjust the work load of 16 hours per week. Probably, the respondent No.3 has not looked into 5 the regulations, scheme of study and examination prepared by the Bangalore University in its proceedings dated 10-10-2009. The respondent No.3 should have also examined the Government Order dated 19-09-2009 with regard to transfer of Professors.
7. Accordingly, petition is disposed directing the respondent No.3 - University to look into regulations, scheme of study and examination prepared by the Bangalore University in its proceedings dated 10-10-2009 and also the Government order dated 19-09-2009 passed in similar circumstances. The respondent No.3 is also directed to pass an appropriate order within a period of four weeks from the date of disposal of this matter.
Sd/-
JUDGE VMB