IN THE HIGH COURT OF KARNATAKA CiRCUIT BENCH AT DHARWAD DATED THIS THE 8T DAY OP DECEMBER 2011 PRESENT THE HON’BLE MR.JUSTICE MOHAN SHANTANAGOUDAR AND THE HON’BLE MR.JUSTICE RAVI MALIMATH \V R IT APPEAL N o.79/Q1L[I BETWEEN: Sri Kandul Venkatareddv, S/o K. Ram Krishna Reddy, Age: 47 years, 0cc.: Asst. Engineer (Agriculture), r,’ o House No. 38, Kumareshwar Nagar, Dharwad. Appellant By Shri Sriharsha A. Neelopant. Advocatel AND: The State of Karnataka Represented by its Principal Secretary. Department of Agriculture 8 Horticulture, M.S. Building, Bangalore. 2. The Vice Chancellor, University of Agricultural Sciences. Dharwad. 3. The Registrar, University of Agricultural Sciences, Dharxvad. - Respondents (By Sri C.S. Patil, A.G.A. for RI to R3) .7. This Writ Appeal is filed under Section 4 of the Karnataka High Court Act praying to set aside the impugned order dated 06.07.2011 passed in W.P. No. 67649/2010 (S-RES) and allow the W.P. No. 67649/2010 (S-RES) as prayed for. This Appeal coming on for orders this day, Mohan Shantanagoudar .1. delivered the following: - JUDGMENT 1. The order dawd 06.07.2011 in V.P. No. 67649/2010 (S-TR) is called in question in this Writ Appeal. 2. The appellant is working as a Assistant Engineer in University of Agricultural Sciences. Raichur. He wanted his transfer from the University of Agricultural Sciences, Raichur to University of Agricultural Sciences, Dharwad. Accordingly he made a representation before the State Government. The State Government permitted the transfer. Accordingly the University of gricukural Sciences, Raichur has relieved the appellant for joining duties to University of Agricultural Sciences, Dharwad. with effect from 16.09.2010. After getting the relieving order the appellant approached the third respondent- :3: University for posting. The third respondent-University did not have the vacant post of Assistant Engineer and consequently the appellant could not join duties with the University of Agricultural Sciences, Dharwad. At that point of time the petitioner approached this Court by filing W.P. No. 64649/2010 praying for a direction to the respondents permitting him to report for duty as per the order passed by the Government dated 23.03.20 10 and disposed of the writ petition with the following directions. ‘i) The Government is directed to reconsider the request of the respondent Nos. 2 and 3 for the creation of a supernumerary post in the cadre of Assistant Engineer (Agriculture) in the services of UAS, Dharwad. ii) If any post in the cadre of Assistant Engineer (Agriculture) falls vacant in the near future in the services of the UAS, Dharwad, the case of the petitioner for giving effect to his transfer shall be consideredfirst. iii) If the Government finds it not feasible to give permission to create a supernumerary :4 post and if no post of the Assistant Engineer Agriculture1 is likely to frill vacant shonly. then the Government shall act in accordance with law to have the petitioner sent back to the UAS. Raichur’. 3. We do not find any error in the impugned order in as much as the impugned order is perfectly justified in the facts and circumstances of the case. If there is no vacant post of Assistant Engineer in the University of A&ricultural Sciences. Dhanvad, the petitioner/ appellant herein cannot compel the University at Dharwad to give him posting. The posting will be given onl5 if there is a vacanç. Practically the State Government is at fault in permitting transfer of the petitioner/appellant herein to the University at Dhanvad in as much as it should have first enquired with the University at Dharwad to find out as to whether there is vacant post of Assistant Engineer or not. Because of the fault of the State Government. the third respondent cannot be made to suffer. In the normal course the writ petition could have been .c. dismissed but the learned Single Judge by taking a sympathetic view in the matter has disposed of the writ petition ith the aforementioned direction. The impugned order is just and proper. No interference is called for in this appeal. The appeal fails and the same is dismissed. Sd! TUDGE Sd/. JUDGE bvv