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High Court of Himachal Pradesh · body

2023 DAILYLAW 717 (HP)

RUCHI SAPAHIA v. HIMACHAL PRADESH NATIONAL LAW UNIVERSITY

CWP/4256/2023 · 2026-01-02

Jyotsna Rewal Dua

body2023

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4256 of 2023 Decided on: 2nd January, 2026 ------------------------------------------------------------------------------------- Dr. Ruchi Sapahia …..Petitioner Versus H.P. National Law University .....Respondent ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Vishal Mohan, Senior Advocate with Mr. Rajneesh K. Lal, Advocate. For the Respondent: Mr. Sai Amar Vivek Aggarwal, Senior Advocate through video conference with Mr. Gaurav Thakur, Advocate. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Following order was passed in this matter on 03.07.2023:- “Notice. Mr. Rajesh Kumar Parmar, learned counsel, waives service and accepts notice on behalf of respondent and seeks two weeks time to file reply. Reply to the petition as well as application, as prayed, be filed within two weeks. For grant of Interim order in favour of the petitioner against her removal on the ground of lack of period of experience at the time for applying for the post in question and on the date of interview, learned counsel for the petitioner has referred pronouncement of the Supreme Court in Buddhi Nath Chaudhary and 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 others vs. Abahi Kumar and others, reported in (2001) 2 SCC 328 and in Inder Parkash Gupta vs. State of J&K and others, reported in (2004) 6 SCC 786. Taking into consideration the stage of proceedings being undertaken by the respondent- University, no other order is required to be passed at this stage except that any adverse order with respect to services of the petitioner, in reference to issue involved in this writ, shall not be issued without leave of the Court. List for consideration on 24th July, 2023.” The above order continues to remain in force. 2. Petitioner is serving as Associate Professor (Law) in the respondent-National Law University. She has essentially preferred this writ petition feeling aggrieved against the show cause notice issued by the respondent on 27.06.2023 (Annexure P-6) for her having allegedly made false declaration about her qualifications in the application form furnished in response to the advertisement for the post of Associate Professor and not fulfilling basic or minimum qualifications as per the University Grants Commission Regulations. 3. During the course of hearing, learned Senior Counsel for the petitioner apprised that the petitioner has already filed her reply to the aforesaid show cause notice in July, 2023 and has also appeared before the Executive 3 Council of the respondent-University in relation to above show cause notice. 4. Learned Senior Counsel for the respondent- University has assured that in case the Executive Council of the respondent-University is permitted to take further action on the aforesaid show cause notice, it will proceed in the matter in accordance with law after giving opportunity of hearing to the petitioner and appropriate order would be passed in the matter by or before 31.03.2026. Learned Senior Counsel is also agreeable for giving another opportunity to the petitioner for supplementing her reply within two weeks from today. The above course is acceptable to learned Senior Counsel for the petitioner. 5. In view of the stand taken by learned counsel for the parties, this writ petition is disposed of reserving liberty to the petitioner to supplement her reply to the show cause notice within two weeks from today, i.e. by or before 19.01.2026. The Executive Council of the respondent- University shall proceed to decide the show cause notice issued against the petitioner after giving due opportunity of hearing to her in accordance with law by or before 4 31.03.2026. The order so passed by the Executive Council, in case goes against the petitioner, shall not be implemented for two weeks thereafter. Interim order dated 03.07.2023 shall stand modified to that effect. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua January 02, 2026 Judge Mukesh