Uttarakhand High Court
Ramesh Singh Chauhan vs State Of Uttarakhand And Others on 3 June, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:4442-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
HON'BLE JUSTICE SRI MANOJ KUMAR TIWARI AND
HON'BLE JUSTICE SRI SUBHASH UPADHYAY
Writ Petition (S/B) No. 459 of 2021
Ramesh Singh Chauhan --Petitioner
Versus
State of Uttarakhand and others --Respondents
Presence:-
Mr. Pooran Singh Rawat, Advocate for the petitioner
Mr. K.N. Joshi, Deputy Advocate General for the State
Mr. C.K. Sharma, Advocate for the private respondent
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The Court made the following:
JUDGMENT:
(per Hon'ble Justice Sri Manoj Kumar Tiwari)
1. Petitioner is serving as Associate Professor in
B.Ed. Department in Government Post Graduate
College at Kotdwar, District Pauri Garhwal. Government
of Uttarakhand established a new University, namely,
Sri Dev Suman Uttarakhand University at
Badshahithaul, District Tehri Garhwal under State
Universities Act, 1973.
2. State Government invited options from teachers
serving in Government Degree/Post Graduate Colleges
within the State for transfer of their services to the said
University. Petitioner also submitted option for transfer
of his service to the University against the post of
Associate Professor (Education). His application was
rejected on the ground that he is not eligible for
appointment as Associate Professor in Education
Department. Thus, feeling aggrieved, petitioner has
approached this Court challenging order dated
20.09.2021, passed by Deputy Secretary, Higher
2025:UHC:4442-DB
Education whereby respondent No. 5 was absorbed in
the University as Associate Professor in Education
Department.
3. A counter affidavit has been filed on behalf of
respondent Nos. 1 & 2. The decision taken by the
Incharge, Secretary, Higher Education on petitioner's
representation is enclosed as Annexure-CA2 to the
counter affidavit.
4. Learned State Counsel submits that in Sri Dev
Suman Uttarakhand University, B.Ed. department is not
established and the post for which petitioner had
applied is that of Associate Professor (Education). He
submits that as per own showing of the petitioner, he
possess B.Com qualification and thereafter he pursued
B.Ed. and M.Ed. course and lastly he pursued M.A.
(History) course.
5. Learned counsel for the petitioner submits that
petitioner possess Ph.D. degree in education, therefore,
his candidature could not have been rejected by the
competent authority.
6. Learned State Counsel however submits that
petitioner can be treated as eligible for appointment as
Associate Professor only in B.Ed. department and not in
Education Department, which is different from B.Ed. He
submits that B.Ed. is a professional course; while
Education Department is not to be confused with B.Ed.
department and education is taught as independent
subject in B.A. & M.A. classes. He submits that
petitioner has not studied Education either in
2025:UHC:4442-DB
graduation or in post graduation, therefore, even if he
possesses Ph.D. degree in education, that will not
improve his case and he shall be treated as ineligible
for appointment as Associate Professor in Education
Department.
7. We find substance in the said submission. Since
petitioner lacks necessary qualification for appointment
as teacher in Education Department of the University,
therefore, his non selection by the State Government
cannot be faulted. Respondent No. 5, since was found
eligible as per norms, therefore his selection cannot be
interfered with.
8. Thus, there is no scope for interference in the
matter. Writ Petition fails and is dismissed.
_______________________________
MANOJ KUMAR TIWARI, J.
____________________________
SUBHASH UPADHYAY, J.
Dt: 3rd June, 2025
Mahinder
MAHINDER SINGH
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c,
postalCode=263001, st=UTTARAKHAND,
serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B8
F, cn=MAHINDER SINGH
Date: 2025.06.05 20:26:09 +05'30'
