High Court of Karnataka Quashes Transfer Notice for Fire Station Officer in OBC to ST Caste Inclusion Case — Violation of Natural Justice and Non-Application of Mind. Transfer order set aside as it was based on a mistaken premise that the petitioner's caste was included in ST list, without considering that the inclusion occurred after her appointment and she had not claimed ST status.

High Court: Karnataka High Court Bench: DHARWAD In Favour of Accused

Admin

2026-05-18 14:50:58

Font size:

Case Note & Summary

The petitioner, Raju W/o. Mellappa Talawar, was appointed as a Fire Station Officer under the Other Backward Classes (OBC) category, as her caste 'Talawar' was then notified as OBC-I. She was posted to Karwar. On 20.03.2020, the Scheduled Tribes order was amended to include the Talawar caste as a Scheduled Tribe. Subsequently, on 29.01.2025, the 3rd respondent (Regional Fire Officer) issued a notice transferring the petitioner, apparently on the ground that her caste had been included in the ST list. The petitioner challenged this notice by way of a writ petition under Articles 226 and 227 of the Constitution of India, seeking a writ of certiorari to quash the notice insofar as it concerned her. The court heard the learned counsel for the petitioner, Smt. Gayatri S.R., and the learned AGA, Sri. T. Hanumareddy. The court observed that the impugned notice suffered from non-application of mind because the inclusion of the Talawar caste in the ST list occurred after the petitioner's appointment, and she had not claimed any benefit under the ST category. The transfer order was passed without considering these facts and without giving the petitioner an opportunity of hearing. Accordingly, the court allowed the writ petition and quashed the impugned notice dated 29.01.2025 insofar as it related to the petitioner.

Headnote

A) Service Law - Transfer - Caste Inclusion - Natural Justice - The petitioner, appointed as Fire Station Officer under OBC category, was transferred based on a notice that erroneously assumed her caste 'Talawar' was included in the Scheduled Tribes list at the time of appointment, whereas the inclusion occurred later on 20.03.2020. The court held that the transfer order suffered from non-application of mind and was passed without affording the petitioner an opportunity of hearing, violating principles of natural justice. (Paras 1-5)

B) Constitutional Law - Articles 226 and 227 - Writ of Certiorari - The High Court, exercising its writ jurisdiction, quashed the impugned notice insofar as it concerned the petitioner, as the respondent authority failed to consider the relevant facts and the petitioner's representation. (Paras 1-5)

Issue of Consideration

Whether the impugned transfer notice dated 29-01-2025 issued by the 3rd respondent is liable to be quashed on the ground of non-application of mind and violation of principles of natural justice.

Final Decision

The writ petition is allowed. The impugned notice dated 29-01-2025 issued by the 3rd respondent is quashed insofar as it relates to the petitioner.

Law Points

Natural justice
non-application of mind
transfer policy
caste inclusion
OBC to ST
writ of certiorari

Case Details

2025 LawText (KAR) (11) 44

WP No. 100738 of 2025 (GM-CC)

2025-11-25

M. Nagaprasanna

Smt. Gayatri S.R. for Sri. Mallikarjunswamy B. Hiremath (for petitioner), Sri. T. Hanumareddy, AGA (for respondents)

Raju W/o. Mellappa Talawar

The State of Karnataka, The Director General of Police, Karnataka State Fire and Emergency Services, The Regional Fire Officer

Nature of Litigation

Writ petition challenging a transfer notice issued by the Regional Fire Officer.

Remedy Sought

Petitioner sought a writ of certiorari to quash the impugned notice dated 29-01-2025 issued by the 3rd respondent insofar as it concerned the petitioner.

Filing Reason

The petitioner was transferred based on a notice that erroneously assumed her caste was included in the ST list at the time of appointment, whereas the inclusion occurred later.

Issues

Whether the impugned transfer notice dated 29-01-2025 is liable to be quashed for non-application of mind and violation of natural justice.

Submissions/Arguments

Petitioner argued that the transfer notice was based on a mistaken premise that her caste 'Talawar' was included in the ST list at the time of appointment, whereas the inclusion occurred on 20.03.2020, after her appointment. Respondents argued through AGA, but no specific submissions are recorded in the judgment.

Ratio Decidendi

A transfer order based on a mistaken premise and without considering relevant facts suffers from non-application of mind and violates principles of natural justice. The authority must consider the timing of caste inclusion and the employee's representation before issuing a transfer order.

Judgment Excerpts

The petitioner is appointed as a Fire Station Officer under the category Other Backward Classes, as his caste at the time of appointment was notified as OBC-I... On 20.03.2020, the Scheduled Tribe’s order was amended and Talawar caste was included as Scheduled Tribe... The impugned notice suffers from non-application of mind... The writ petition is allowed. The impugned notice dated 29-01-2025 issued by the 3rd respondent is quashed insofar as it relates to the petitioner.

Procedural History

The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Dharwad, challenging the transfer notice dated 29-01-2025. The court heard the matter on 25-11-2025 and allowed the petition.