Uttarakhand High Court
WPSS/855/2026 on 25 March, 2026
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2026:UHC:2122
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WPSS/855/2026
Hon'ble Manoj Kumar Tiwari, J
1. Mr. Gaurav Kandpal, learned counsel
for the petitioners.
2. Mr. R.C. Joshi, learned Brief Holder for
the State of Uttarakhand.
3. Mr. Ramji Srivastava, learned counsel
for the respondent-Selecting Body.
4. Mr. Bhagwat Mehra, learned counsel for the caveator.
5. Petitioners were engaged on contract as Pharmacist in Veer Chandra Singh Garhwali, Government Medical College, Srinagar, District Pauri Garhwal allegedly in 2011. They earlier filed Writ Petition No. 2194 of 2024 (S/S) seeking writ of mandamus directing the Authorities to consider their claim for regularisation. They also challenged the advertisement dated 19.10.2024 issued by Selecting Body, whereby applications were invited for regular appointment on the post of Pharmacist. The said writ petition was disposed of vide order dated 12.12.2025. Para 7 to 10 of the said judgment are extracted below:-
"7. Learned State Counsel submits that State Government has now come-up with amendment in the Regularisation Rules, vide notification dated 05.12.2025, wherein it is provided that any one engaged on contract, daily wage, part-time, etc., for ten years on or before 04.12.2018 would be eligible for regularisation.
8. Learned counsel for the petitioners submits that petitioners are serving continuously since 2011 and they have completed fourteen years of regular service, as Pharmacist, therefore, they cannot be left out from regularisation merely because they are not covered by Regularisation Rules.
9. This Court finds some substance in the 2026:UHC:2122 submission made by learned counsel for the petitioners. After serving for nearly fourteen years, certainly petitioners have earned right to be considered for regularisation.
10. The writ petition is, accordingly, disposed of with liberty to petitioners to make representation to Secretary, Medical Health, Uttarakhand for their regularisation. If petitioners make such representation, Secretary shall consider the claim of all eligible persons for regularisation, including that of the petitioners, by constituting a Committee. The Secretary concerned is further directed to consider setting apart certain number of vacancies on the post of Pharmacist in different Medical Colleges/Teaching Hospitals for regularisation of existing employees serving on contract. This Court hopes and expects that this exercise shall be completed within six months. For a period of six months or till decision is taken, whichever is earlier, engagement of the petitioners shall not be disturbed. This Court has not interfered with the ongoing selection process, which may continue unabated."
6. Petitioners thereafter filed another Writ Petition No. 147 of 2026 (S/S), which was dismissed by coordinate Bench on 19.01.2026. Relevant portion of the said judgment are extracted below:-
"3. Now, the petitioners have again filed the writ petition, seeking the following reliefs:
"i. A writ, order or direction in the nature of certiorari to quash the advertisement dated 19-10-2024 (Annexure No.09to the Writ Petition) so far as it relates to the posts occupied by the Petitioners.
ii. A writ, order or direction in the nature of mandamus commanding the Respondents to allow the Petitioners to continue with their present posting and not to proceed any further with the selection pursuant to the advertisement dated 19-10-2024, against the posts occupied by the Petitioners."
4. Learned counsel for the respondents submits that this writ petition is barred by principles of res judicata, inasmuch as, the prayers in the earlier writ petition as well as in the present writ petition are similar.
2026:UHC:2122
5. The first prayer in this writ petition is similar to the prayer no.(ii) of the earlier writ petition. The second prayer is that the respondents may permit the petitioners to discharge their duties, as they were discharging earlier.
6. Learned counsel for the State submits that the representations submitted by the petitioners, pursuant to order dated 12.12.2025, have not yet been decided and is under consideration and further that the result of successful candidates pursuant to advertisement dated 19.10.2024, has already been declared on 17.01.2026. He further submits that the time granted by Coordinate Bench of this Court vide order dated 12.12.2025 has not yet expired.
7. The Coordinate Bench of this Court vide its order dated 12.12.2025 have also directed that engagement of petitioners shall not be disturbed for a period of six months or till decision is taken, whichever is earlier. From the above facts, it is apparently clear that as on date, no cause of action exists for the prayers sought in the present writ petition. Furthermore, the writ petition is also barred by principles of res judicata.
8. The writ petition lacks merit and is accordingly dismissed."
7. Now petitioners have again filed this writ petition in which in prayer No. 2 they have challenged the advertisement dated 19.10.2024, which was challenged by them in their earlier writ petitions; however, no disclosure has been made anywhere in the writ petition that earlier also petitioners had challenged the same advertisement.
8. Petitioners are also aggrieved by order dated 18.03.2026 passed by Secretary, Medical Education, whereby their claim for regularisation has been rejected on the ground that petitioners do not meet the eligibility criteria as per the Regularisation Rules, 2013, as amended in 2025.
9. Admittedly, as per the amendment made in Regularisation Rules, 2013, anyone who has put in ten years of service as on 04.12.2018 alone is eligible for 2026:UHC:2122 regularisation. Since petitioners were engaged on contract only in 2011, or thereafter, therefore, they do not meet the condition of eligibility as prescribed in the Regularisation Rules, as amended in 2025.
10. Thus, this Court does not find any reason to interfere with the impugned order dated 18.03.2026, whereby, petitioners' claim for regularisation was rejected. The advertisement issued by the selecting body also cannot be interfered with in the facts and circumstances of the case. Law is settled that available vacancies on a post have to be filled by regular appointment as per the Rules and stop gap arrangement cannot be permitted to be continued forever.
11. The writ petition is accordingly dismissed. There shall be no order as to cost.
(Manoj Kumar Tiwari, J) 25.03.2026 Aswal NITI RAJ Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b0 SINGH ASWAL 8d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F 4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.03.30 21:13:03 -07'00'