URMILA RANA v. THE STATE OF UTTARAKHAND

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Srinagar, District Pauri Garhwal, since the year 2000. According to her, she was appointed on contract after going through selection process, which was made as per the provisions of Uttar Pradesh State Universities Act, 1973. Thus, it is contended by the petitioner that the petitioner cannot be treated as contract employee any more, and for making such submission reliance is placed on a judgment rendered by the Hon'ble Supreme Court in the case of Somesh Thapliyal and another Vs Vice- Chancellor, H.N.B. Garhwal University and another, passed in Civil Appeal No(s). 3922-3925 of 2017, dated

03.09.2021.

2) Learned counsel for the petitioner has drawn our attention to paragraphs 48 and 49 of the said judgment, which are extracted below :

"4 8. Adverting to the facts of the case, undisputedly, the appellants were appointed pursuant to an advertisement dated 4^th February, 2004 and 19^th May, 2006 held for regular selection and after going through the process of selection as being provided under Chapter VI of the Act 1973 and on the recommendations been made by the statutory selection committee, constituted under Section 31(1) and (4) of the Act and approved by the executive council, which is a statutory authority, appointments were made in the year 2004 and 2007 respectively.

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49. In our considered view, once the appellants have gone through the process of selection provided under the scheme of the Act 1973 regardless of the fact whether the post is temporary or permanent in nature, at least their appointment is substantive in character and could be made permanent as and when the post is permanently sanctioned by the competent authority. "

3) By means of this writ petition, petitioner has sought the following substantial reliefs :

i ) Issue a writ, order or direction in the nature of

"Mandamus" and pleased to direct the respondent HNB (Central) Garhwal University to regularize the services of the petitioner on the post of Assistant Professor (Botany) in the light of the decision (Annexure-11) given by Hon'ble Apex Court in Civil Appeal No. 3922-3925 of 2017 "Somesh Thapliyal and another Vs V.C. HNB Garhwal University and another" and treat the past services of the petitioner as a regularly appointed teacher in the services of the respondent Central University under the Central Universities Act 2009 and grant consequential benefits to her by regularizing her services in the respondent University and give her permanent status accordingly.

ii) Issue a writ, order or direction in the nature of

"Mandamus" and pleased to direct the respondent HNB (Central) Garhwal University to decide the representation dated 04.07.2022 (Annexure-12)

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moved by the petitioner and decide it accordingly by a written and speaking order within a stipulated period of 04 weeks in the light of the decision given by Hon'ble Apex Court in Civil Appeal No. 3922-3925 of 2017 "Somesh Thapliyal and another Vs V.C. HNB Garhwal University and another" and grant consequential benefits to her by regularizing her services in the respondent University and give her permanent status accordingly. "

4) Dr. Gupta, learned counsel appearing for the University, very fairly submits that since petitioner has made a representation to the competent authority of the University on 04.07.2022, therefore, he will ensure that decision on the said representation is taken at the earliest.

5) Since petitioner's claim for substantive appointment from due date is pending consideration before the competent authority of the University, therefore, the writ petition is disposed of with a direction to the competent authority / executive council of the University to take decision on the representation of the petitioner within six weeks from today. The Registrar of the University is directed to place the representation before the executive council within one week from the date of receipt of certified copy of this order.

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6) It goes without saying that the decision rendered by the Hon'ble Supreme Court in the case of

Somesh Thapliyal and another Vs Vice-Chancellor, H.N.B. Garhwal University and another, passed in Civil Appeal No(s). 3922-3925 of 2017, dated 03.09.2021, shall also be borne in mind, while deciding the representation of the petitioner.

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MANOJ KUMAR TIWARI, A.C.J.

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PANKAJ PUROHIT, J.

Dt: 21^STNOVEMBER, 2023 Negi