SMT ARATI CHINAKOTI D/O BORAPPA vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:16393-DB
WP No. 106005 of 2026
CNR: KAHC020129182026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
ST
DATED THIS THE 1 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS JUSTICE USHARANI
WRIT PETITION NO. 106005 OF 2026 (S-KAT)
BETWEEN:
SMT. ARATI CHINAKOTI D/O BORAPPA
AGED ABOUT 45 YEARS,
WORKING AS MEDICAL OFFICER,
O/O GOVT. HOMEOPATHIC HOSPITAL,
RAIBAG-591317, DIST. BELAGAVI.
R/O. PLOT NO 904, SECTOR NO. 6,
VANTAMURI COLONY, M. M. EXTENSION,
BELAGAVI 590017.
…PETITIONER
(BY SRI. VISHWANATH V. BADIGER, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
VIKAS SOUDHA, DR. B. R. AMBEDKAR VEEDHI,
BENGALURU 560001.
2. THE COMMISSIONER
AYUSH DEPARTMENT, DHAWANTRI ROAD,
NEAR ANAND RAO CIRCLE, BENGALURU 560009.
3. THE DISTRICT AYUSH OFFICER,
AYUSH DEPARTMENT,
(AYURVEDA YOGA & NATUROPATHY
UNANI, SIDDHA & HOMEOPATHY)
Digitally signed
by YASHAVANT
NARAYANKAR
Location: High
court of
Karnataka,
Dharwad bench
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WP No. 106005 of 2026
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MANDOLLI ROAD, BELAGAVI,
DIST. BELGAVI – 590 006
4. DR. GIRISH PASHUPATIMATH
AGE. MAJOR, OCC. MEDICAL OFFICER,
GOVT. HOMEOPATHY HOSPITAL,
CHANDUR-591213, DIST. BELAGAVI
…RESPONDENTS
(BY SRI. PRAVEEN K. UPPAR, AGA FOR R1 TO R3;
SRI. MALLIKARJUN S. HIREMATH, ADV. FOR C/R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO,
ISSUE THE WRIT IN THE NATURE OF CERTIORARI TO SET
ASIDE THE IMPUGNED FINAL ORDER DATED 25.06.2026
PASSED BY THE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL, BELAGAVI, IN APPLICATION NO.10637/2025,
PRODUCED AS ANNEXURE-A AND ISSUE A WRIT OF
CERTIORARI, QUASHING THE TRANSFER ORDER BEARING
AAYUSH/7. SIBABNDI (5)/2025/E.AA. DATED 19.06.2025,
WHEREBY THE PETITIONER HAS BEEN TRANSFERRED FROM
GOVERNMENT HOMEOPATHIC HOSPITAL, RAIBAG, BELAGAVI
DISTRICT TO GOVERNMENT HOMEOPATHIC DISPENSARY,
KARAJAGI, HAVERI DISTRICT VIDE ANNEXURE-A5 AND
TRANSFER OF 4TH RESPONDENT TO THE PETITIONER/S PLACE
OF POSTING AT GOVERNMENT HOMEOPATHIC HOSPITAL,
RAIBAG VIDE ANNEXURE-A6 IN THE INTEREST OF JUSTICE
AND EQUITY AND TO GRANT SUCH OTHER RELIEF OR RELIEFS
AS THIS HONBLE COURT DEEMS FIT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE BY ALLOWING THE ABOVE
PETITION IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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WP No. 106005 of 2026
CNR: KAHC020129182026
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
HON'BLE MRS JUSTICE USHARANI
ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The petitioner has filed the present petition impugning
the order dated 25.06.2026 passed by the learned Karnataka
State Administrative Tribunal, Belagavi (hereafter referred to as
the “ KSAT ”), in Application No.10637/2025, whereby the
application filed by the petitioner under Section 19 of the
Administrative Tribunals Act, 1985, came to be dismissed.
2. The petitioner had challenged the transfer order dated
19.06.2025 issued by respondent No.2, whereby she was
transferred from the Government Homeopathic Hospital,
Raibag, Belagavi District, to the Government Homeopathic
Dispensary, Karajagi, Haveri District. She had also sought a
direction to continue at her then present place of posting until
the completion of her tenure. Additionally, she prayed that the
available vacant posts be displayed and made available to
enable her to opt for any of the posts.
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3. The undisputed facts are that the petitioner was
appointed as a Medical Officer on contractual basis for a period
of five years on 16.02.2008. Thereafter, by the posting order
dated 04.08.2022, she was posted to the Government
Homoeopathic Hospital, Raibag, Belagavi District, where she
joined on 23.08.2022.
4. On 13.05.2025, the Government of Karnataka notified the
Karnataka State Civil Services (Regulation of Transfer of
Medical Officers and Other Staff) Rules, 2025 (hereafter
referred to as the “ 2025 Rules ”). The said Rules, as well as
the Rules which were in force prior thereto, namely, the
Karnataka State Civil Services (Regulation of Transfer of
Medical Officers and Other Staff) Rules, 2011, regulate the
transfer of Medical Officers and other staff. The said rules
provide that posting in rural areas, is mandatory.
5. The relevant portion of Rule 4 of the said Rules, reads as
under:
“ 4. Compulsory service of Medical
Officers and other staff in rural areas –
procedure of transfer etc.,.—
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xxxx ……xxxx…. xxxx …… xxxx ……xxxx….
xxxx
(5) The list of vacancies that are likely to be
filled due to compulsory transfer of Medical
Officer or other staff under sub-rule (3) i.e.,
existing clear vacancies and the vacancies
available under sub-rule (4), shall be
displayed in the Departmental Website. The
consequential vacancies that arise at the time
of counselling shall also be included in the list
of vacancies as and when such vacancies
arise.
xxxx ……xxxx…. xxxx …… xxxx ……xxxx….
xxxx ”
6. The petitioner is a Group-A Officer and, therefore, would
be liable to be considered for transfer in accordance with the
2025 Rules upon completion of the prescribed period of service
at the concerned place of posting.
7. On 11.06.2025, the respondents issued a circular setting
out the posts available for eligible candidates. The post held by
the petitioner was treated as available for the purposes of
counselling. The petitioner was also permitted to participate in
the counselling process.
8. On 16.06.2025, the counselling was notified. The
counselling was conducted on 19.06.2025. The petitioner
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participated in the counselling and opted for the post at the
Government Homeopathic Dispensary, Karajagi, Haveri District.
Her option was accepted and, accordingly, the transfer order
dated 19.06.2025 was issued transferring her to the said post.
9. Respondent No.4 also participated in the counselling and
opted for the post at the Government Homeopathic Hospital,
Raibag, Belagavi.
10. The petitioner thereafter submitted a representation
contending that all the posts had not been displayed. She
placed reliance on Rule 8 of the 2025 Rules, which reads as
under:
“ 8. Notification of vacancies.— The list
of vacancies that are to be filled by transfer,
shall be displayed in the website of the
Department. The consequential vacancies
that arise at the time of counselling shall
also be included in the list of vacancies and
displayed on the computer screen as and
when such vacancies arise.”
11. The petitioner's representations were not considered. She
thereafter approached the learned KSAT by filing Application
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No.10637/2025, which came to be dismissed by order dated
25.06.2026.
12. It is the petitioner's case that the respondents were
required to publish not only the vacant posts but also the posts
which would become vacant pursuant to the counselling
process. It is contended that, since all such posts had not been
displayed at the relevant time, the petitioner did not have an
opportunity to exercise her option in respect of such posts. On
that basis, the petitioner contends that the transfer order ought
to be set aside and she ought to be permitted to continue at
her previous place of posting.
13. Before we consider the aforesaid contention, it is
relevant to note that the petitioner was required to undergo a
posting in a rural area. There is no dispute that the petitioner
had not earlier been posted in a rural area.
14. There appears to be merit in the contention that all posts,
including the posts which would become vacant on account of
employees participating in the counselling, ought to have been
displayed at the time of counselling. However, the question is
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whether the omission to display such posts would, in the facts
of the present case, warrant interference with the petitioner’s
transfer order.
15. As noted hereinbefore the petitioner had voluntarily
sought to participate in the counselling process. She
participated in the counselling and exercised her option for the
post at the Government Homeopathic Dispensary, Karajagi,
Haveri District. Her option was accepted and the transfer order
dated 19.06.2025 was consequently issued.
16. Several other officers had also participated in counselling
and have their transfer orders have also been issued. If the
petitioner contention is occupied, the entire exercise would be
required to be re-done. We are unable to accept that the
transfer orders are required to be invalidated on the ground
that certain posts which may have become available on account
of the persons manning those posts participating in the
counselling were not displayed.
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17. In the aforesaid circumstances, we are unable to accept
the petitioner's contention that the transfer order dated
19.06.2025 is liable to be set aside.
18. We, therefore, do not find any ground to interfere with
the order dated 25.06.2026 passed by the learned KSAT in
Application No.10637/2025.
19. The petition is, accordingly, dismissed.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(USHARANI)
JUDGE
VB/CT:CNB/LIST NO.: 1 SL NO.: 13