Karnataka HC Upholds Tribunal’s Ruling: Teachers Over 50 Exempt from Transfers Under New Regulation

In a significant ruling, the Karnataka High Court upheld the Karnataka State Administrative Tribunal's (KSAT) decision to exempt teachers aged over 50 from transfer under the Karnataka State Civil Services (Regulation of Transfer of Teachers) Act, 2020. This decision reinforces the protective measures for senior teachers and highlights the implementation of beneficial statutory provisions.

The case involved two teachers, Umadevi Hundekar (55) and Prabhavati Ronad (58), who were declared surplus and subject to transfer following a rationalization notification issued by the Commissioner, Department of Public Instructions on December 26, 2022. This notification aimed to address the issue of excess faculty in Government Primary Schools and High Schools by reallocating surplus teachers according to the Karnataka State Civil Services (Regulation of Transfer of Teachers) Act, 2020. The Karnataka High Court's division bench, comprising Chief Justice N.V. Anjaria and Justice S.G. Pandit, reviewed the case and found that the transfers of the two teachers violated Section 10(1)(vi) of the Act, which provides exemptions for teachers over 50 years of age (for female teachers) and 55 years of age (for male teachers) from the process of rationalization and transfer. The Court emphasized that this statutory provision is a right of the employees and must be applied regardless of whether the employees applied for exemption or not.

The High Court noted that a statutory provision designed to benefit certain individuals must be enforced by the authorities. It stated that the teachers, having crossed the stipulated age limit, were entitled to protection under Section 10(1)(vi) and could not be declared surplus. The Court stressed that the authorities were obligated to apply this provision, which should not be overlooked or disregarded. The Court further clarified that the rationalization process, as per Subsection (1) of Section 4 of the Act, should consider the Pupil-Teacher ratio but must also respect the exemptions provided under Section 10(1)(vi). Therefore, the tribunal's decision to set aside the transfer orders was justified, as it aligned with the statutory requirement to exclude older teachers from being categorized as surplus.

This ruling underscores the necessity for authorities to adhere to statutory exemptions and protections for senior teachers. It serves as a reminder that legal provisions designed to benefit specific groups must be implemented in full, ensuring that statutory rights are respected and upheld. The decision reinforces the principle that beneficial provisions in the law create enforceable rights for the affected individuals. The Karnataka High Court's decision in this case reaffirms the protection of senior teachers from unnecessary transfers and reinforces the importance of adhering to statutory provisions. By upholding the tribunal's order, the Court has ensured that the rights of older teachers are preserved, setting a precedent for the proper application of legal protections in employment matters. This ruling highlights the commitment to fair and just implementation of the law, benefiting both the individuals concerned and the broader legal framework.

Case Details

Citation: 2024 LiveLaw (Kar) 326

Case Title: State of Karnataka & Others vs. Umadevi Hundekar

Case No: WRIT PETITION NO. 102121 OF 2024 (S-KAT) C/W WRIT PETITION NO. 102119 OF 2024

Petitioners: Additional Advocate General J.M. Gangadhar

Respondents: Advocate Suraj Mutnal