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Uttarakhand High Court
Dr. Amit Mewari vs State Of Uttarakhand & Others on 9 February, 2026
2026:UHC:701-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
HON'BLE THE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA
AND
HON'BLE SRI JUSTICE SUBHASH UPADHYAY
09TH FEBRUARY, 2026
WRIT PETITION (S/B) NO. 134 OF 2025
Dr. Amit Mewari ......Petitioner.
Versus
State of Uttarakhand & others ....Respondents.
Counsel for the Petitioner : Mr. Sanjay Bhatt, learned counsel.
Counsel for the State : Mr. J.C. Pande, learned Standing
Counsel.
Counsel for Respondent Nos.2 to 5 : Mr. S.S. Lingwal, learned counsel.
JUDGMENT :
(per Mr. Manoj Kumar Gupta, C.J.)
1. The petitioner is seeking regularization on the
post of Assistant Professor/ Associate Professor and has
also prayed for a writ of mandamus restraining the
respondents from proceeding any further with the selection
pursuant to the advertisement No.A-28/ 2025 dated
27.01.2025.
2. The case of the petitioner is that he was engaged
as Teaching Personnel (Maths) in the Department of
Mathematics, Statistics and Computer Sciences of College
of Basic Sciences and Humanities, G.B. Pant University of
Agriculture & Technology, Pantnagar during 2nd Semester of
the Academic Year 2005-06. Although, the engagement was
purely on contractual basis for one academic session, but it
was extended from time to time and he had worked for 16
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years without any complaint.
3. In view of the above, the petitioner claims
benefit of the Daily Wages, Work-Charge, Contract, Fixed
Salary, Part time and Ad-Hoc Employees Regularization
Rules, 2013 (for short hereinafter referred to as "the
Regularization Rules of 2013"), notified on 30.12.2013.
4. It is submitted that there-under five years'
requisite service as on 30.12.2013 has been duly completed
by the petitioner and therefore, he was entitled for being
considered for regularization. It is contended that the
University had duly adopted the said Rules with certain
modifications and had also applied it in the past in
extending the benefit of regularization to various employees
of the University, but qua the petitioner, no decision has
been taken so far, while on the other hand, the regular
vacancies of Assistant Professor/ Associate Professor were
sought to be filled up in pursuance of the impugned
advertisement dated 27.01.2025.
5. Learned counsel for the petitioner submits that in
identical facts and circumstances, a Division Bench in Writ
Petition (S/B) No.47 of 2019, "Dr. Ritu Tripathi vs. State of
Uttarakhand & others", had directed the University to
accord consideration to the claim of the employee for
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regularization as per the Regularization Rules of 2013. He
has also drawn our attention towards a communication
dated 18.01.2016 by the Additional Chief Secretary,
Uttarakhand Government to the Vice Chancellor, G.B. Pant
University of Agriculture and Technology , Pantnagar,
Udham Singh Nagar requesting him to accord consideration
to the claim of such employees as per the notification dated
30.12.2013.
6. Learned counsel appearing on behalf of
respondent nos.2 to 5, i.e. the University, places reliance on
the stand taken in the counter-affidavit to the effect that
the engagement of the petitioner as a Teaching Personnel
was only on hourly basis and accordingly, it is contended
that he would not be covered by the Regularization Rules of
2013. He further contends that the petitioner has not
worked continuously and there have been gaps in the
working of the petitioner since after his initial engagement
in the year 2005-06.
7. Learned counsel for respondent nos.2 to 5,
however, fairly concedes that so far no decision has been
taken by the University, in writing, in respect of the claim of
the petitioner. He states that the University would take the
decision within such time as may be directed by this Court.
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8. Accordingly, without expressing any opinion on
the merits of the case, the instant writ petition is disposed
of with a direction to the University to take a decision in
respect of the claim of the petitioner for regularization of
his service by means of a speaking order within a period of
eight weeks from the date of communication of the instant
order along with a fresh representation.
9. Pending application, if any, also stands disposed
of.
MANOJ KUMAR GUPTA, C.J.
SUBHASH UPADHYAY, J.
Dated: 09th February, 2026
NISHANT
