Unknown vs State Of Uttarakhand And Others
2025 Latest Caselaw 1109 UK

Uttarakhand High Court

Unknown vs State Of Uttarakhand And Others on 5 June, 2025

                                                            2025:UHC:4554-DB
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

      THE HON'BLE CHIEF JUSTICE MR. G. NARENDAR

                                  AND

         THE HON'BLE JUSTICE MR. ALOK MAHRA

               Writ Petition (S/B) No.193 of 2025
                             5th June, 2025
 Smt. Tulika Chandra                                 --      Petitioner

                                  Versus

 State of Uttarakhand and Others                     --Respondents
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 Presence:-
 Mr. Shobhit Saharia, learned counsel for the petitioner.
 Mr. B. S. Parihar, learned Addl. C.S.C. for the State.
 Dr. K. Hari Gupta, learned counsel for respondent no.3.
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 JUDGMENT :

(per Mr. G. Narendar C. J.)

Heard learned counsel for the petitioner, learned Addl. C.S.C. and learned counsel for the respondent no.3.

2. The petitioner is seeking for following relief:-

"I. To issue a Writ, Order or Direction in the nature of Mandamus directing the Respondents to take appropriate steps for immediately constituting the screening-cum-selection committee in M.K.P. (P.G.) College, Dehradun to consider the promotions of the petitioners to Academic Level 11 and 12 under the Career Advancement Scheme, 2018 in terms of the amended U.G.C. Regulations, 2018 applicable vide Government Order No. 1424/XXIV(4)/2019-01 (28)/2016 dated 06-09-2019 (Annexure No.1).

II. Any other suitable Writ, Direction or Order as this Hon'ble Court may deem fit and proper as per circumstances of the case.

3. It is the case of the petitioner that she is employed with the fourth respondent institution run by the society and that, in terms of Annexure No.1 UGC

2025:UHC:4554-DB Regulations 2018, she is entitled for consideration of her case under Career Advancement Scheme formulated by the Directorate of Higher Education; that, there is no dispute with regard to the recruitment of the Professors and their service conditions; that, on account of delay in consideration of their cases, they submitted a letter dated 17.12.2020 to the Principal, requesting the Principal to take appropriate steps to ensure promotions, as mandated under the 2018 UGC Regulations; that, a letter was issued by the Director, Department of Higher Education to various Administrators/Principals of various non-Government Private Colleges benefited under the grant-in-aid code in State of Uttarakhand. Under the said letter, the institutions were directed to expedite the process of promoting eligible candidates.

4. It is contended that, pursuant to the same, the Principal of the College addressed a letter to the Director, Department of Higher Education and the Registrar of the concerned University. The said letter is dated 30.07.2021. That apart, it is submitted that three more representations were filed on 29.08.2023, 17.11.2023 and 27.08.2024; that, despite the repeated representations, no action is forthcoming on the side of the respondents, who are duty bound to comply with the mandate of the UGC Regulations.

5. Per contra, learned counsel for the State would submit that presently there is no Managing Committee in the institution and that the Committee is yet to forward proposal, requesting for consideration for promotion of all eligible candidates in the vacancies available with the institution.

2025:UHC:4554-DB

6. On a query, learned counsel for the petitioner would fairly admit that presently there is no Managing Committee and that the Administrator is the District Magistrate.

7. In that view of the matter, we are of the considered opinion that the instant writ petition could be disposed of by directing the District Magistrate to consider and dispose of the representations (Annexure Nos. 10 & 14) as expeditiously as possible, at any rate, within an outer limit of four months. In the event, the consideration becomes unviable on account of non- availability of the Committee, then the District Magistrate shall issue appropriate directions to the Registrar of Societies to expedite the holding of elections. At any rate, the Registrar of Societies shall ensure completion of the election process of the Managing Committee, within a period of six months. Thereafter, the proposal shall be forwarded by the Managing Committee within three months thereafter.

8. The writ petition stands ordered accordingly. There shall be no order as to costs.

(G. NARENDAR, C. J.)

(ALOK MAHRA, J.) Dated: 05.06.2025 BS

BALWANT

DN: c=IN, o=HIGH COURT OF UTTARAKHAND,

2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c 02fe2eacbf28cdf4ba7ce8640c5820,

SINGH postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB55 3DE5185F418755DC00A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.06.10 19:15:59 +05'30'