Full Judgment Text
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WP No. 27413 of 2023
C/W WP No. 28826 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 7 DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO. 27413 OF 2023 (S-RES)
C/W
WRIT PETITION NO. 28826 OF 2023 (S-RES)
IN WP No. 27413/2023
BETWEEN:
1. SRI VINAY M S
S/O LATE SUBBANNA M S
AGED ABOUT 35 YEARS
JUNIOR TRAINING OFFICER
THE TECHNICAL TRAINING CENTER FOR DEAF
NO 283, HAINES ROAD
NEW BAMBOO BAZAR ROAD
BANGALROE - 560051
R/A MUTHUR VILLAGE
MALLUR POST SHIDLAGHATTA TALUK
CHIKKABALLAPURA DISTRICT – 562102.
2. PRASANNA H S
S/O SRI SRIPATHY
AGED ABOUT 45 YEARS
JUNIOR TRAINING OFFICER
FITTER TRADE
THE TECHNICAL TRAINING CENTER FOR DEAF
NO 283, HAINES ROAD
NEW BAMBOO BAZAR ROAD
BANGALORE- 560051
R/AT NO 2/2, 2ND MAIN
4TH BLOCK TYAGARAJA NAGAR
NEAR K.EB QUARTERS
BANGALORE – 560028.
Digitally signed by
MALATHI CHALUVA
IYENGAR
Location: HIGH
COURTOF
KARNATAKA
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3. RAMESH B
S/O SRI BASAVARAJAPPA
AGED ABOUT 44 YEARS
JUNIOR TRAINING OFFICER
WORKSHOP CALCULATION
AND SCIENCE AND ENGINEERING DRAWING
TECHNICAL TRAINING CENTER FOR DEAF
NO 28/2 HAINES ROAD
NEW BAMBOO BAZAR ROAD
BANGALORE - 560051
R/AT NO 45(103)
3RD FLOOR 5TH MAIN 3RD CROSS
MATHIKERE EXTENSION
BANGALORE – 560054.
4. SMT SAVITHA K
W/O S VENKATARAGHAVAN
AGED ABOUT 43 YEARS
JUNIOR TRAINING OFFICER
ELECTRONICS MECHANICS
TECHNICAL TRAINING CENTER FOR DEAF
NO 28/2 HAINES ROAD
NEW BAMBOO BAZAR ROAD
BANGALORE - 560051
RESIDING AT NO 306
LAKSHMI NILAYA FLAT NO 101
60 FEET ROAD TALAKAVERI LAYOUT
SAHAKARANAGAR BANGALORE – 93.
5. SANTHAKUMAR M S
S/O SRI AKULAPPA
AGED ABOUT 45 YEARS
JUNIOR TRAINING OFFICER
TURNER TRADE
TECHNICAL TRAINING CENTER FOR DEAF
NO 28/2 HAINES ROAD
NEW BAMBOO BAZAR ROAD
BANGALORE - 560051
AND R/AT MUTHUR VILLAGE
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MALLUR POST SHIDLAGHATTA TALUK
CHIKKABALLAPURA DISTRICT - 562 102.
6. ANAJANAPPA C M
S/O SRI MUNIYAPPA
AGED ABOUT 45 YEARS
JUNIOR TRAINING OFFICER
FITTER TRADE
TECHNICAL TRAINING CENTER FOR DEAF
NO 28/2 HAINES ROAD
NEW BAMBOO BAZAR ROAD
BANGALORE - 560051
R/AT E-361, NORTH FIFTH LINE
ITO TOWNSHIP BANGALORE NORTH
BANGALORE – 560016.
7. RAGHAVENDRA M
S/O SRI KRISHNAMURTHY
AGED ABOUT 38 YEARS
OFFICE SUPERINTENDANT
TECHNICAL TRAINING CENTER FOR DEAF
NO 28/2 HAINES ROAD
NEW BAMBOO BAZAR ROAD
BANGALORE - 560051
R/AT NO 157, 7TH MAIN
3RD CROSS BSK II STAGE
KAVERI NAGAR BANGALORE – 70.
8. AMARANATH R
S/O SRI RAMEGOWDA
AGED ABOUT 39 YEARS
WORKSHOP ATTENDER
TECHNICAL TRAINING CENTER FOR DEAF
NO 28/2 HAINES ROAD
NEW BAMBOO BAZAR ROAD
BANGALORE - 560051
R/AT NO 16, 8TH CROSS 6TH MAIN
GANGA NAGAR BANGALORE – 32.
9. ANTHONIYAMMA
W/O SRI KRISHNAMURTHY
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AGED ABOUT 49 YEARS
GROUP-D EMPLOYEE
TECHNICAL TRAINING CENTER FOR DEAF
NO 28/2 HAINES ROAD
NEW BAMBOO BAZAR ROAD
BANGALORE - 560051
R/AT NO. 136, MUNISHAMAPPA STREET
MUNIREDDY PALYA
J C NAGAR BANGALORE – 61.
…PETITIONERS
(BY SRI. SUBRAMANYA BHAT M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
SKILL DEVELOPMENT ENTREPRENEURS
AND LIVELIHOOD DEPARTMENT
REP. BY THE SECRETARY
RD ND
ROOM NO 347, 3 FLOOR, 2 GATE
M S BUILDING BANGALORE – 01.
2. THE COMMISSIONER
DEPARTMENT OF INDUSTRIAL TRAINING
AND EMPLOYMENT, KAUSHALYA BHAVAN
BANNERGHATTA ROAD
BANGALORE – 560029.
3. THE JOINT DIRECTOR (TRAINING)
DIVISIONAL OFFICE
DEPARTMENT OF INDUSTRIAL TRAINING
AND EMPLOYMENT, KAUSHALYA BHAVAN
BANNERGHATTA ROAD BANGALORE – 560029.
4. THE JOINT DIRECTOR (ADMINISTRATION)
HEAD OFFICE, DEPARTMENT OF INDUSTRIAL
TRAINING AND EMPLOYMENT
KAUSHALYA BHAVAN, BANNERGHATTA ROAD
BANGALORE – 560029.
5. THE MANAGING TRUSTEE
REACH OUT EDUCATIONAL EMPLOYMENT TRUST
FOR DISABLED UNDER PRIVILEGED WOMEN
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AND CHILDREN NO 282, HAINES ROAD
NEW BAMBOO BAZAR ROAD
BANGALORE – 560051.
6. SRI PETER MACHADO
ARCH BISHOP HOUSE PB-2
75 MILLERS ROAD, BENGALURU - 46
…RESPONDENTS
(BY SRI. N DEVDAS, AAG, ALONG WITH
SRI. RAMESH NAIK G, AGA FOR R1 TO R4:
SRI. SUMAN B, ADVOCATE FOR
SRI.S K RAVI, ADVOCATE FOR R5
SRI JOSEPH ANIL KUMAR A, ADVOCATE FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ENDORSEMENT BEARING NO. U THA E/THA/SUM-
1/VIVA-215/2001-2002 26.10.2023 ISSUED BY THE 2ND
RESPONDENT, A COPY OF THE SAME IS PRODUCED AS
ANNEXURE-J, AS THE SAME IS ARBITRARY, UNREASONABLE,
IRRATIONAL AND DISCRIMINATORY, BESIDES BEING
OPPOSED TO SECTION 98 OF THE KARNATAKA EDUCATION
ACT AND ETC.
IN WP NO. 28826/2023
BETWEEN:
SRI PRASANNA R
S/O SRI KAMATAR R H
AGED ABOUT 51 YEARS
PRINCIPAL TECHNICAL TRAINING CENTRE FOR DEAF
NO.28/2, HAINES ROAD
NEW BAMBOO BAZAR ROAD
BANGALORE-560051
AND R/O NO.77E 17TH CROSS
4TH STAGE, 4TH BLOCK
BASAVESHWARANAGARA
BANGLAORE-560079
...PETITIONER
(BY SRI. HARISCHANDRA M.,ADVOCATE)
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AND:
1. THE STATE OF KARNATAKA
SKILL DEVELOPMENT ENTREPRENEURS
AND LIVELIHOOD DEPARTMENT
REPRESENTED BY THE SECRETARY
ROOM NO.347,3RD FLOOR
2ND GATE M S BUILDING
BENGALURU-560001.
2. THE COMMISSIONER
DEPARTMENT OF INDUSTRIAL TRAINING
AND EMPLOYMENT, KAUSHALYA BHAVAN
BANNERGHATTA ROAD
BENGALURU-560029.
3. THE JOINT DIRECTOR
(TRAINING) DIVISIONAL OFFICE
DEPARTMENT OF INDUSTRIAL TRAINING
AND EMPLOYMENT, KAUSHALYA BHAVAN
BANNERGHATTA ROAD
BENGALURU-560029.
4. THE JOINT DIRECTOR
(ADMINISTRATION)
HEAD OFFICE
DEPARTMENT OF INDUSTRIAL TRAINING
AND EMPLOYMENT, KAUSHALYA BHAVAN
BANNERGHATTA ROAD
BENGALURU-560029.
5. THE MANAGING TRUSTEE
REACH OUT EDUCATIONAL EMPLOYMENT TRUST
FOR DISABLED UNDER PRIVILEGED WOMEN
AND CHILDREN, NO.28/2, HAINES ROAD
NEW BAMBOO BAZAR
BENGALURU-560051.
...RESPONDENTS
(BY SRI. N DEVDAS, AAG, ALONG WITH
SRI. RAMESH NAIK G., AGA FOR R1 TO R4:
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HC-KAR
SRI. SUMAN B., ADVOCATE FOR
SRI. S K RAVI, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ENDORSEMENT BEARING NO. UTHAE/THA/SUM-
1/VIVA-215/2001-02 ( GVÉ/VÀ/¸ÀA-1/«ªÀ-215/2001-02) DATED
26/10/2023 ISSUED BY THE R2 VIDE ANNEXURE-A AS THE
SAME IS ARBITRARY, UNREASONABLE, IRRATIONAL AND
DISCRIMINATORY, BESIDES BEING OPPOSED TO SECTION 98
OF THE KARNATAKA EDUCATION ACT, 1983 AND ETC.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
1. In these two writ petitions, the petitioners have
called in question the endorsement dated 26.10.2023
issued by respondent No.2, whereby the request of the
petitioners for transfer to some other aided education
institution has been rejected.
2. The petitioners are employees of the Technical
Training Center for Deaf Institution run by respondent No.5.
The institution run by respondent No.5 was not functioning
due to the acquisition of the land on which it was situated
by the Bangalore Metro Rail Corporation Limited. The
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petitioners, being employees, submitted representations
vide Annexure-F1 dated 17.08.2019 in
W.P.No.27413/2023 and Annexure-H dated 10.08.2018 in
W.P.No.28826/2023, requesting the authorities to either
relocate them or transfer them against suitable vacant
posts in any other aided institution. Since their requests
were not considered, they approached this Court by filing
W.P. No.4552/2022 and connected matters. This Court, by
order dated 01.09.2023, disposed of the matter directing
the respondents authorities to consider the
representations of the petitioners in accordance with law.
Thereafter, by the impugned order, their request has been
rejected on the ground that there is no provision under the
1997 Grant-in-Aid Code. Being aggrieved by the same, the
petitioners are before this Court in these writ petitions.
3. Learned counsel appearing for the petitioners has
submitted that in the Karnataka Education Act, 1983
(hereinafter referred to as ‘Act’ for short), if the aided
institution is closed or defunct, the employees of that
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aided institution has to be relocated and transferred
against that suitable vacant posts in other aided institution
by the management. The State Government also framed
the rules to that effect by exercising the power under
Section 145 of Karnataka Education Act, 1983. The rules
are called Karnataka Technical Educational Institutions
(Grant-in-Aid Code for Private Aided Industrial Training
Institutes) Rules, 2025, which notified on 01.12.2025
(hereinafter referred to as ‘Rules’ for short). As per Rule 8
(23)(d), if the Grant-in-Aid institution is closed / defunct /
de-affiliated, the aided staff shall be relocated /
transferred against the suitable vacant post in any other
Aided Institutions.
4. Learned Additional Advocate General appearing for
the State has submitted that the petitioners’ request for
transfer to any other Aided Institution will be considered in
terms of the new Rules, which were notified on
01.12.2025.
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5. In view of the above, following order is passed:
ORDER
a) The writ petitions are allowed .
b) Impugned order dated 26.10.2023 issued by
respondent No.2 is set aside.
c) The respondents authority is directed to reconsider
the representations of the petitioners vide Annexure-
F1 dated 17.08.2019 in W.P.No.27413/2023 and
Annexure-H dated 10.08.2018 in
W.P.No.28826/2023, in accordance with law, within a
period of three months from the date of receipt of
copy of this order.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
HA
List No.: 1 Sl No.: 36