SOMASHEKARA N R S/O RANGAPPA H Vs. STATE OF KARNATAKA DEPARTMENT OF PRIMARY & SECONDARY EDUCATION REPRESENTED BY ITS R SECRETARY (PRIMARY)

JUDGEMENT

(1.) The petitioners, who are working as Assistant Teachers in different Government Lower Primary, Primary and Higher Primary schools across the State, along with certain other similarly situate Assistant Teachers, filed a common application before the Karnataka State Administrative Tribunal (for short, 'the Tribunal') in Application Nos. 28 to 82/2018.

(2.) The petitioners, and certain other co- applicants before the Tribunal in Application Nos. 28 to 82/2018, impugned Rule 5 and Rule 19(2) of the Karnataka Civil Services (Regulation of Transfer of Teachers) Rules, 2017 (for short, 'the Rules') as being ultra vires the provisions of the Karnataka Civil Services (Regulation of Transfer of Teachers) Act, 2007 (for short, 'the Act') with the alternative prayer for appropriate writ commanding the Authorities/ Respondent to grant/ accord exemption to the petitioners, and their co-applicants before the Tribunal, from the rigour of Rule 5 and Rule 19(2) of the Rules (for short, 'the Impugned Rules').

(3.) The Tribunal, by its order dated 05.01.2018 (for short, 'the Impugned Order') rejected the common applications, and this batch of Petitions is filed by the petitioners assailing the impugned order; and the co-applicants before the Tribunal who have not joined the petitioners in this batch of petitions, are arrayed as respondents.