WPSB/708/2022
2023 Latest Caselaw 140 UK

           IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
               HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                  AND
                HON'BLE SRI JUSTICE MANOJ KUMAR TIWARI


                             10th JANUARY, 2023
             WRIT PETITION (S/B) No. 708 OF 2022

     Between:

     Sushma                                                      ...Petitioner

     and

     The Commissioner & another                             ...Respondents

     Counsel for the petitioner        :   Mr. Dushyant Mainali, learned counsel.

     Counsel for the respondents       :   Mr. Syed Nadim, learned counsel



JUDGMENT : (per Sri Vipin Sanghi, C.J.)


               The respondent has complied with the order

passed by the Court. An affidavit has been filed by the

Commissioner,               Kendriya   Vidyalaya       Sangathan,             the

same is taken on record.

3.             The petitioner has been granted posting at

Kendriya Vidyalaya, Subathu, Himachal Pradesh, and

she has also been relieved to enable her to join at the

transferred post today itself.

4.             It goes without saying that the petitioner

would be entitled to all the benefit which are granted to

an employee on transfer.
                                       1
 5.             The   writ   petition    stands   disposed    of,

accordingly.


                                     ___________________
                                       VIPIN SANGHI, C. J.


                                            ______________
                                     MANOJ KUMAR TIWARI, J.

Dt: 10.01.2023 K.K.S./Mamta

The Chancellor, GKU vide letter dated 1st December, 2022 issued a memorandum along with an Articles of Charge to Prof. Roop Kishore Shastri seeking his written statement in defense of the actions he had taken while holding the post of Secretary, Maharshi Sandipani Rashtriya Ved Vidya Pratishthan (MSRVVP). A copy of the memorandum is enclosed (Annexure- XIII). As per the UGC Regulations on Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018, a person possessing the highest level of competence, integrity, morals, and institutional commitment is to be appointed as Vice Chancellor. However, the Articles of charges mentioned above. MoE letter issued in 2020 recommended initiation of proceedings for major penalty against Prof. Roop Kishore Shastri raise the question as to how these charges were overlooked in his appointment as Vice Chancellor.

The UGC based on a complaint from Dr. Navneet Parmar regarding possession of two high school certificates with two different dates of birth (Annexure XIV) has asked the GKU to furnish the appropriate answer.

There are clear evidences of admission irregularities committed by the V