Sanjay Jukaria vs State Of Uttarakhand And Others on 24 March, 2026

Author: Pankaj Purohit

Bench: Manoj Kumar Tiwari, Pankaj Purohit

                                                     2026:UHC:2092-DB

                                    Judgment Reserved on 18.03.2026
                                    Judgment Delivered on 24.03.2026
HIGH COURT OF UTTARAKHAND AT NAINITAL
               HON'BLE SRI MANOJ KUMAR TIWARI
                               AND
               HON'BLE SRI JUSTICE PANKAJ PUROHIT
            Writ Petition (S/B) No. 547 of 2022

Sanjay Jukaria                                    ... Petitioner
                         Versus
State of Uttarakhand and others                      ... Respondents

                                With
            Writ Petition (S/B) No. 555 of 2022
            Writ Petition (S/B) No. 556 of 2022
            Writ Petition (S/B) No. 557 of 2022
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Presence:-
Mr. Yogesh Pacholia, learned counsel for the petitioners.
Mr. S.S. Chaudhary, learned Brief Holder for the State of Uttarakhand
Dr. Kartikey Hari Gupta, learned counsel for the respondent-University
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Hon'ble Manoj Kumar Tiwari, J.
Hon'ble Pankaj Purohit, J.

(Per: Hon'ble Manoj Kumar Tiwari, J.)

                           JUDGMENT

1. Petitioners have challenged order(s) dated 31.08.2022 passed by Director, Higher Education on their representations. By the said order, their request for including their name in the list, attached to Government Order dated 01.06.2022, was turned down by holding that they were appointed in H.N.B. Garhwal University after its conversion to Central University.

2. It is not in dispute that H.N.B. Garhwal University was earlier a State University,

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established under provisions of U.P. State Universities Act, 1973; with effect from 15.01.2009, it became a Central University. Upon conversion of the University to Central University, State Government decided that persons who were engaged as temporary Guest Faculty in the State University shall be re-engaged in the same capacity, who meet the UGC norms, in Government Degree Colleges in hill region and in Hill Campus of Sri Dev Suman Uttarakhand University, on fixed remuneration of Rs. 35,000 per month.

3. Petitioners were serving in H.N.B. Garhwal Central University at the time of aforesaid policy decision taken by State Government, however, their name was not included in the list of persons who were adjusted in Government Colleges/Hill Campus of Sri Dev Suman Uttarakhand University. Petitioners approached this Court by filing writ petitions, which were disposed of by permitting petitioners to make representation(s).

4. The representation(s) made by the petitioners, pursuant to order passed in their writ petitions, have been rejected by Director, Higher Education by separate orders dated 31.08.2022. Petitioners have challenged the said rejection orders in these petitions.

5. The reason assigned by Director for rejecting petitioners claim for adjustment in other

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Government Colleges/Hill Campus of Sri Dev Suman Uttarakhand University, is that petitioners were appointed after 15.01.2009, when H.N.B. Garhwal University became a Central University.

6. Learned State Counsel submits that anyone who was appointed as Guest Faculty in H.N.B. Garhwal State University, as it then was, is entitled for adjustment as Guest Faculty in Government Colleges or Hill Campus of Sri Dev Suman Uttarakhand University. He further submits that since petitioners were appointed by Central University, therefore, State Government is not liable to adjust the petitioners as Guest Faculty in Government Colleges or the other State Universities.

7. Learned counsel for the petitioners, however, submits that petitioners were appointed before 15.01.2009, while H.N.B. University was a State University, therefore, they cannot be denied benefit of the policy decision taken by the State Government. However, there is no evidence on record to substantiate that petitioners were appointed before 15.01.2009. Anyone, who is appointed after 15.01.2009, is an employee of Central University, therefore, the liability to adjust them in State University/Colleges cannot be fastened upon the State Government.

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8. Whether petitioners were appointed before 15.01.2009 or thereafter, is a pure question of fact, which cannot be appropriately decided in a writ petition, especially when there is no evidence on record to support the contentions of the petitioners that they were appointed before 15.01.2009.

9. Learned counsel for the petitioners submits that State Authorities have adopted pick and choose policy, and persons, who were appointed as Guest Teacher after 15.01.2009, have also been adjusted as Guest Teacher in Government Colleges/State Universities. He submits that Dr. Rakesh Singh was appointed on 04.12.2009, as Guest Teacher, and similarly one Mr. Hemendra Mohan Bhatt was also appointed as Guest Teacher, after H.N.B. Garhwal University acquired the status of Central University, yet they were given benefit of Government Policy and were adjusted in other State run Colleges.

10. Learned State Counsel, however, disputes the said contention and submits that Dr. Rakesh Singh and Mr. Hemendra Mohan Bhatt were appointed as part-time teacher before 15.01.2009, while it was the State University. Learned State Counsel further submits that 52 Guest Teachers, who were appointed before 15.01.2009 in H.N.B. Garhwal State University, were adjusted in different Government Colleges within the State of

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Uttarakhand vide order dated 03.01.2017, and thereafter vide order dated 01.06.2022, 14 more Guest Teachers were absorbed in State run Colleges.

11. Learned State Counsel further submits that only such Guest Teachers were absorbed in Government Colleges who were appointed prior to conversion of State University to Central University.

12. Learned counsel for the petitioners submits that Mr. Rajesh Bhatt remained out of employment between the year 2010 to 2016, yet he was absorbed in Government College. He further submits that Mr. Hermendra Mohan Bhatt also remained out of employment between 2012 to 2017, therefore, he is also not entitled for absorption in Government Colleges. They also submits that Ms. Vijaya Pundir does not fulfill the educational qualification needed for appointment as Guest Teacher and one Ms. Kavita Bhatt has also break in her service, therefore, they are also not entitled for absorption in Government Colleges, yet they were given benefit of policy decision taken by the State Government and were adjusted in Government Colleges.

13. We are not inclined to go into the question whether the persons named by learned counsel for the petitioners are eligible to be absorbed in Government Colleges/Hill Campus of Sri Dev

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Suman Uttarakhand University, as petitioners have challenged the order passed by Director, whereby their claim for absorption in Government Colleges was rejected.

14. Director, Higher Education has held that petitioners were not employed in the State University and they were appointed only after conversion of State University to Central University, thus, they are not covered by the policy decision taken by State Government. In the absence of any material on record to show that petitioners were appointed before 15.01.2009, we cannot hold that petitioners are entitled for absorption in Colleges run by the State Government.

15. Petitioners have questioned eligibility of certain persons for absorption in Government Colleges, but in the absence of any material before us to test varacity of the contentions raised before us, we cannot express any opinion on the question of eligibility of those persons, who are not before us.

16. However, we permit the petitioners to make representation(s) before Director, Higher Education for questioning the decision taken by State Authorities of including ineligible persons in the list of Guest Teacher, who were absorbed in Government Colleges. If petitioners make such representation(s) within two weeks from today,

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decision thereupon shall be taken by Director, Higher Education, as per law and after hearing the concerned persons, within three months thereafter.

17. With the aforesaid direction, the writ petitions stand disposed of.

_______________________________ MANOJ KUMAR TIWARI, J.

____________________________ PANKAJ PUROHIT, J.

Dt: 24.03.2026 Aswal NITI RAJ Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

SINGH 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f 9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26 F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI

ASWAL RAJ SINGH ASWAL Date: 2026.03.24 06:00:59 -07'00'