NDLI: State of Karnataka & Anr Vs. Krishna Kumar & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Educational Institutions Government primary schools Implementation of Sarava Shikshana Abhiyana Scheme
Content Type	Text
Resource Type	Law Order
Jurisdiction	India
Act(s) Referred	Karnataka State Civil Services (regulation of Transfer of Teachers) Act, 2007 (29 of 2007)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Education/Educational Institutions: Government primary schools – Implementation of Sarava Shikshana Abhiyana Scheme – Upgradation of certain primary schools with 8th standard to give effect to the Scheme and referred as Higher Primary Schools – Appointment of teachers in the schools – Issuance of Office Memorandum by the State Government in the matter of transfer of teachers of Higher Primary Schools on ‘mutual basis’ – Challenge to – Office Memorandum relating to mutual transfer quashed by the tribunal and the High Court – On appeal, held: SSA Scheme was to deal with the primary objective of broad basing education – Clause 13 of the Office Memorandum dealt with the mutual transfer – There is no provision in the Act and rules with respect to mutual transfers – When the provisions of ‘mutual transfer’ which is made in Office Memorandum, depends on the volition of an employee, there is no compulsion, it cannot be said to be arbitrary – It is ordered only when two incumbents opt for mutual transfer – Thus, the provisions of mutual transfer does not militate against the provisions of the Act and rules framed thereunder and particularly, when it was with respect to SSA Scheme, it was open to making certain provisions by way of Office Memorandum – In the absence of statutory provision, the executive instructions would have force of law, more so when the SSA is an independent scheme – Thus, the tribunal and the High Court erred in law in quashing the same – Orders passed by the tribunal as well as by the High Court set aside – KCS (Regulation of Transfers of Teachers) Act, 2007.
Judge	N/A
Neutral Citation	2019 INSC 562
Petitioner	State Of Karnataka & Anr
Respondent	Krishna Kumar & Ors.
SCR	[2019] 7 S.C.R. 962
Judgement Date	2019-04-23
Case Number	4089

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