Uttarakhand High Court
Dr. Suneet Naithani vs State Of Uttarakhand & Others on 12 February, 2026
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2026:UHC:858-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE SRI JUSTICE MANOJ KUMAR TIWARI
AND
HON'BLE SRI JUSTICE PANKAJ PUROHIT
12TH FEBRUARY, 2026
Writ Petition (S/B) No. 234 OF 2019
Dr. Suneet Naithani ...Petitioner
Versus
State of Uttarakhand & others. ...Respondents
Counsel for the petitioner : Mr. Shobhit Saharia, learned counsel for
the petitioner.
Counsel for the respondent no. 1 : Mr. G.S. Negi, Additional Chief Standing
Counsel for the State of Uttarakhand.
Counsel for respondent nos. 2 to 5 : Mr. Shubhang Dobhal.
JUDGMENT :(per Sri Manoj Kumar Tiwari, J.) Petitioner was earlier appointed as Associate Professor on contract in Uttarakhand Academy of Administration, Nainital on 22.07.2006, pursuant to which, he joined duties on 27.07.2006. Petitioner served in the Uttarakhand Academy of Administration as Associate Professor for nearly three years. While he 1 2026:UHC:858-DB was serving in Uttarakhand Academy of Administration, he applied for the post of Assistant Professor in Doon University and upon being selected he was offered appointment by the competent authority in the said University on 07.07.2009 and he joined duties as Assistant Professor in the said University on 09.07.2009.
2. According to the petitioner, the services rendered by him as Associate Professor in Uttarakhand Academy of Administration are liable to be counted towards experience for getting the benefit under Career Advancement Scheme (CAS) introduced by the UGC Regulations, 2010. His claim was forwarded by Executive Council of the Doon University to the State Government for decision. State Government, however, rejected petitioner's claim, vide order dated 17.02.2014 on the ground that since his employment was contractual in nature, therefore, services rendered in contractual capacity cannot be taken into account for grant of benefit under Career Advancement Scheme. The decision taken by the State Government has not been challenged in the writ petition, however, 2 2026:UHC:858-DB petitioner has sought the following reliefs in the writ petition:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to 4 to consider the case of the petitioner towards counting the services rendered by the petitioner at the Uttarakhand Academy of Administration, Nainital with the Doon University for the purpose of ACP and promotion, as per the UGC regulation, 2010.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to 4 to consider the representation submitted by the petitioner for counting the services rendered by him at the Uttarakhand Academy of Administration, Nainital with the Doon University for the purpose of ACP and promotion, as per the UGC regulation, 2010."
3. The relevant UGC Regulation is on record as Annexure-5 to the writ petition. Clause 10 of the UGC Regulations deals with counting of past services for direct recruitment and promotion under CAS. Clause 10.1 provides that previous regular service, whether national or international, as Assistant Professor, Associate Professor or Professor or equivalent in a University, College, National Laboratories etc., should be counted for direct recruitment and promotion under CAS.
4. Learned State Counsel submits that since previous regular service is a condition precedent for taking into account the earlier services rendered by a teacher before his appointment in a University and 3 2026:UHC:858-DB since petitioner was not having regular status while serving in Uttarakhand Academy of Administration, therefore, his claim for benefit of UGC Regulations, 2010 was rightly rejected.
5. Learned counsel for the petitioner, however relies upon clause (f) of para 10.1 of UGC Regulations, 2010, which reads as under:-
"(f). The previous appointment was not as guest lecturer for any duration, or an ad hoc or in a leave vacancy of less than one year duration. Ad hoc or temporary service of more than one year duration can be counted provided that:
(i) The period of service was of more than one year duration;
(ii) The incumbent was appointed on the recommendation of duly constituted Selection Committee; and
(iii) The incumbent was selected to the permanent post in continuation to the ad hoc or temporary service, without any break."
6. Based on clause (f), learned counsel for the petitioner submits that since earlier service in ad hoc capacity or against a leave vacancy or appointment which is of less than one year duration alone is to be ignored; while, petitioner served for nearly three years. He submits that petitioner's case is covered by latter half of clause 10 (f) of UGC Regulations, 2010, which reads as under:-
"(f)......Ad hoc or temporary service of more than one year duration can be counted provided that:4
2026:UHC:858-DB
(i) The period of service was of more than one year duration;
(ii) The incumbent was appointed on the recommendation of duly constituted Selection Committee; and
(iii) The incumbent was selected to the permanent post in continuation to the ad hoc or temporary service, without any break."
7. Learned counsel for the petitioner submits that petitioner meets all the three conditions specified in clause (f) of para 10.1 of the Regulations, which aspect, however was overlooked by the State Government. He submits that University has again recommended to the State Government, vide letter dated 07.05.2015, however, the State Government is yet to take decision in the matter.
8. Having regard to the facts and circumstances of the case, we dispose of the writ petition with liberty to the petitioner to make representation to the State Government, in the light of applicable UGC Regulations, including Clause (f) of para 10.1 of the UGC Regulations. If he makes representation within two weeks from today, decision thereupon shall be taken by the Secretary, Higher Education, as per law, within four months thereafter.
(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J) Navin NAVEEN Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a CHANDRA 131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56 D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.02.16 10:50:00 +05'30' 5