Uttarakhand High Court

6Th June vs Kumaon University on 6 June, 2025

                                                         2025:UHC:4611-DB



     IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL


            HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
                                 AND
                 HON'BLE SRI JUSTICE ALOK MAHRA



               WRIT PETITION (S/B) NO. 202 OF 2025



                              06TH JUNE, 2025


Dr. Mukesh Lal Sah                               ......           Petitioner


Versus


Kumaon University, Nainital & others ......                     Respondents



Counsel for the petitioner        :       Mr. Anil    Kumar    Joshi,   learned
                                          counsel

Counsel for the respondents       :       Ms. Mamta Bisht, learned counsel for
                                          respondent Nos. 1 to 3

                                  : Mr. Harshvardhan Dhanik, learned
                                    counsel for respondent No. 4



The Court made the following:


JUDGMENT:

(per Hon'ble The Chief Justice Sri G. Narendar)

Heard the learned counsel for the petitioner Mr. Anil

Kumar Joshi and the learned counsel for the respondent

University Ms. Mamta Bisht.

2) The case of the petitioner, in a nutshell, is that he is

qualified to hold the post of Professor and Associate

2025:UHC:4611-DB Professor and that the University has invited applications

for making appointments to the post of Professor and

Associate Professor. That the petitioner has been working

as Assistant Professor in the department of

Pharmaceutical Sciences, Bhimtal, Kumaon University.

That the petitioner is a Post Graduate in Pharmacy

Science.

3) On perusal of the advertisement it is seen that with

regard to eligibility it is stipulated that a candidate shall

possess a good academic record with Ph.D. degree in the

subject concerned or in a relevant discipline, and a

Master's Degree with 55% marks and minimum of eight

years of experience of teaching. From a reading of the

above, more particularly, eligibility condition no. (i), it is

apparent that recruitment is being sought for post in

various departments.

4) Be that as it may, it is the contention of the

petitioner that the eligibility criteria stipulated by the

University is in respect of Pharmaceutical Sciences

Department, the same is contrary to the eligibility criteria

as fixed by the Pharmacy Council of India, and in this

regard he has submitted a representation dated

19/20.05.2025.

2025:UHC:4611-DB

5) In view of the fact that no illegal action is complained

of but only an apprehension established before the Court,

we are of the considered opinion, that the instant writ

petition could be disposed of by directing the second

respondent University to consider the writ petition as a

representation and dispose of the same by a speaking

order as expeditiously as possible at any rate within an

outer limit of two weeks from the date of receipt of a copy

of this order.

6) Registry is directed to dispatch a copy of this order

forthwith to the Respondents.

7) The writ petition stands ordered accordingly.

8) There shall be no order as to costs.

9) As a sequel thereto, pending application, if any, shall

stand closed.

________________ G. NARENDAR, C.J.

____________ ALOK MAHRA, J.

Dt: 06TH JUNE, 2025 Negi

HIMANS DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1dae20d13aa f116e73351fdaf6878326386908a7f90d575

HU NEGI 7, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC5 1A722A6BC552D470EB4FD2F88DDF7C18 DB2A1524A4D, cn=HIMANSHU NEGI Date: 2025.06.09 13:05:44 +05'30'