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Uttarakhand High Court
Dr. Suneet Naithani vs State Of Uttarakhand & Others on 12 February, 2026
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2026:UHC:858-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE SRI JUSTICE MANOJ KUMAR TIWARI
AND
HON'BLE SRI JUSTICE PANKAJ PUROHIT
12TH FEBRUARY, 2026
Writ Petition (S/B) No. 234 OF 2019
Dr. Suneet Naithani ...Petitioner
Versus
State of Uttarakhand & others. ...Respondents
Counsel for the petitioner : Mr. Shobhit Saharia, learned counsel for
the petitioner.
Counsel for the respondent no. 1 : Mr. G.S. Negi, Additional Chief Standing
Counsel for the State of Uttarakhand.
Counsel for respondent nos. 2 to 5 : Mr. Shubhang Dobhal.
JUDGMENT :
(per Sri Manoj Kumar Tiwari, J.)
Petitioner was earlier appointed as Associate
Professor on contract in Uttarakhand Academy of
Administration, Nainital on 22.07.2006, pursuant to
which, he joined duties on 27.07.2006. Petitioner
served in the Uttarakhand Academy of Administration
as Associate Professor for nearly three years. While he
2026:UHC:858-DB
was serving in Uttarakhand Academy of Administration,
he applied for the post of Assistant Professor in Doon
University and upon being selected he was offered
appointment by the competent authority in the said
University on 07.07.2009 and he joined duties as
Assistant Professor in the said University on
09.07.2009.
2. According to the petitioner, the services
rendered by him as Associate Professor in Uttarakhand
Academy of Administration are liable to be counted
towards experience for getting the benefit under Career
Advancement Scheme (CAS) introduced by the UGC
Regulations, 2010. His claim was forwarded by
Executive Council of the Doon University to the State
Government for decision. State Government, however,
rejected petitioner's claim, vide order dated 17.02.2014
on the ground that since his employment was
contractual in nature, therefore, services rendered in
contractual capacity cannot be taken into account for
grant of benefit under Career Advancement Scheme.
The decision taken by the State Government has not
been challenged in the writ petition, however,
2026:UHC:858-DB
petitioner has sought the following reliefs in the writ
petition:-
"(i) Issue a writ, order or direction in the nature of
mandamus commanding the respondent no. 2 to 4 to
consider the case of the petitioner towards counting
the services rendered by the petitioner at the
Uttarakhand Academy of Administration, Nainital
with the Doon University for the purpose of ACP and
promotion, as per the UGC regulation, 2010.
(ii) Issue a writ, order or direction in the nature of
mandamus commanding the respondent no. 2 to 4 to
consider the representation submitted by the
petitioner for counting the services rendered by him
at the Uttarakhand Academy of Administration,
Nainital with the Doon University for the purpose of
ACP and promotion, as per the UGC regulation,
2010."
3. The relevant UGC Regulation is on record as
Annexure-5 to the writ petition. Clause 10 of the UGC
Regulations deals with counting of past services for
direct recruitment and promotion under CAS. Clause
10.1 provides that previous regular service, whether
national or international, as Assistant Professor,
Associate Professor or Professor or equivalent in a
University, College, National Laboratories etc., should
be counted for direct recruitment and promotion under
CAS.
4. Learned State Counsel submits that since
previous regular service is a condition precedent for
taking into account the earlier services rendered by a
teacher before his appointment in a University and
2026:UHC:858-DB
since petitioner was not having regular status while
serving in Uttarakhand Academy of Administration,
therefore, his claim for benefit of UGC Regulations,
2010 was rightly rejected.
5. Learned counsel for the petitioner, however
relies upon clause (f) of para 10.1 of UGC Regulations,
2010, which reads as under:-
"(f). The previous appointment was not as guest
lecturer for any duration, or an ad hoc or in a leave
vacancy of less than one year duration. Ad hoc or
temporary service of more than one year duration
can be counted provided that:
(i) The period of service was of more than one
year duration;
(ii) The incumbent was appointed on the
recommendation of duly constituted Selection
Committee; and
(iii) The incumbent was selected to the permanent
post in continuation to the ad hoc or temporary
service, without any break."
6. Based on clause (f), learned counsel for the
petitioner submits that since earlier service in ad hoc
capacity or against a leave vacancy or appointment
which is of less than one year duration alone is to be
ignored; while, petitioner served for nearly three years.
He submits that petitioner's case is covered by latter
half of clause 10 (f) of UGC Regulations, 2010, which
reads as under:-
"(f)......Ad hoc or temporary service of more than
one year duration can be counted provided that:
2026:UHC:858-DB
(i) The period of service was of more than one
year duration;
(ii) The incumbent was appointed on the
recommendation of duly constituted Selection
Committee; and
(iii) The incumbent was selected to the permanent
post in continuation to the ad hoc or temporary
service, without any break."
7. Learned counsel for the petitioner submits
that petitioner meets all the three conditions specified
in clause (f) of para 10.1 of the Regulations, which
aspect, however was overlooked by the State
Government. He submits that University has again
recommended to the State Government, vide letter
dated 07.05.2015, however, the State Government is
yet to take decision in the matter.
8. Having regard to the facts and circumstances
of the case, we dispose of the writ petition with liberty
to the petitioner to make representation to the State
Government, in the light of applicable UGC Regulations,
including Clause (f) of para 10.1 of the UGC
Regulations. If he makes representation within two
weeks from today, decision thereupon shall be taken by
the Secretary, Higher Education, as per law, within four
months thereafter.
(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J)
Navin
NAVEEN Digitally signed by NAVEEN CHANDRA
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OF UTTARAKHAND,
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CHANDRA
131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND,
serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56
D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA
Date: 2026.02.16 10:50:00 +05'30'
