Citation : 2025 Latest Caselaw 1456 UK
Judgement Date : 1 August, 2025
2025:UHC:6816-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
HON'BLE THE CHIEF JUSTICE MR. G. NARENDAR
AND
HON'BLE SRI JUSTICE ASHISH NAITHANI
31ST JULY, 2025
SPECIAL APPEAL NO. 110 OF 2025
Surendra Chandra ....Appellant
Versus
State of Uttarakhand & others .....Respondents
WITH
SPECIAL APPEAL NO. 366 OF 2024
SPECIAL APPEAL NO. 368 OF 2024
SPECIAL APPEAL NO. 370 OF 2024
SPECIAL APPEAL NO. 371 OF 2024
SPECIAL APPEAL NO. 23 OF 2025
Counsel for the Appellants : Mr. Anil Anthwal and Mr. Lalit
Samant and Ms. Ruchika Negi,
learned counsels.
Counsel for the State : Mr. P.C. Bisht and Mr. B.S. Parihar,
learned Additional Chief Standing
Counsels with Mr. S.M.S. Mehta,
learned Brief Holder.
COMMON JUDGMENT :
(per Mr. G. Narendar, C.J.)
Delay Condonation Applications (IA Nos.01/2024 and 01/2025)
For the reasons stated in the Applications seeking
condonation of delay, the delay in preferring the aforementioned
Special Appeals is condoned. Accordingly, the Applications (IA
Nos.01 and 2024 and 01 of 2025) seeking condonation of delay,
stand allowed.
2. So far as the above special appeals are concerned, it
is seen that the basis for termination of the petitioners'/
appellants' services, is the letter dated 25.05.2018, issued by
the Chaudhary Charan Singh University, Meerut, which has
stated that B.Ed. degree/ mark-sheet does not tally with the
enrolment and confidential record maintained by the said
University. In the absence of challenge to this foundational fact,
2025:UHC:6816-DB we are unable to comprehend as to how any relief can be
granted to a consequential order of removal which, admittedly,
is premised on the opinion of the University.
3. It is also not in dispute that the letter was issued
pursuant to the inquiry by the Special Investigation Team
constituted for unearthing such unjustified/ illegal
appointments.
4. In that view, learned counsels for the appellants pray
leave to withdraw the instant special appeals with liberty to file
fresh petitions calling in question the letter of the University
dated 25.05.2018.
5. Reserving such liberty, the special appeals are
dismissed as withdrawn.
6. There shall be no order as to costs.
7. Pending application, if any, also stands disposed of
accordingly.
________________
G. NARENDAR, C.J.
________________ ASHISH NAITHANI, J.
Dated: 31st July, 2025 NISHANT
NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cdc00ec2b7462b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC63A055CFD19616905604 87E670C, cn=NISHANT KUMAR Date: 2025.08.04 17:05:04 +05'30'
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