2025:UHC:4442-DB HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE JUSTICE SRI MANOJ KUMAR TIWARI AND HON’BLE JUSTICE SRI SUBHASH UPADHYAY Writ Petition (S/B) No. 459 of 2021 Ramesh Singh Chauhan --Petitioner Versus State of Uttarakhand and others --Respondents Presence:- Mr. Pooran Singh Rawat, Advocate for the petitioner Mr. K.N. Joshi, Deputy Advocate General for the State Mr. C.K. Sharma, Advocate for the private respondent -------------------------------------------------------------------- The Court made the following: JUDGMENT: (per Hon’ble Justice Sri Manoj Kumar Tiwari) 1. Petitioner is serving as Associate Professor in B.Ed. Department in Government Post Graduate College at Kotdwar, District Pauri Garhwal. Government of Uttarakhand established a new University, namely, Sri Dev Suman Uttarakhand University at Badshahithaul, District Tehri Garhwal under State Universities Act, 1973. 2. State Government invited options from teachers serving in Government Degree/Post Graduate Colleges within the State for transfer of their services to the said University. Petitioner also submitted option for transfer of his service to the University against the post of Associate Professor (Education). His application was rejected on the ground that he is not eligible for appointment as Associate Professor in Education Department. Thus, feeling aggrieved, petitioner has approached this Court challenging order dated 20.09.2021, passed by Deputy Secretary, Higher 1 2025:UHC:4442-DB Education whereby respondent No. 5 was absorbed in the University as Associate Professor in Education Department. 3. A counter affidavit has been filed on behalf of respondent Nos. 1 & 2. The decision taken by the Incharge, Secretary, Higher Education on petitioner’s representation is enclosed as Annexure-CA2 to the counter affidavit. 4. Learned State Counsel submits that in Sri Dev Suman Uttarakhand University, B.Ed. department is not established and the post for which petitioner had applied is that of Associate Professor (Education). He submits that as per own showing of the petitioner, he possess B.Com qualification and thereafter he pursued B.Ed. and M.Ed. course and lastly he pursued M.A. (History) course. 5. Learned counsel for the petitioner submits that petitioner possess Ph.D. degree in education, therefore, his candidature could not have been rejected by the competent authority. 6. Learned State Counsel however submits that petitioner can be treated as eligible for appointment as Associate Professor only in B.Ed. department and not in Education Department, which is different from B.Ed. He submits that B.Ed. is a professional course; while Education Department is not to be confused with B.Ed. department and education is taught as independent subject in B.A. & M.A. classes. He submits that petitioner has not studied Education either in 2 2025:UHC:4442-DB graduation or in post graduation, therefore, even if he possesses Ph.D. degree in education, that will not improve his case and he shall be treated as ineligible for appointment as Associate Professor in Education Department. 7. We find substance in the said submission. Since petitioner lacks necessary qualification for appointment as teacher in Education Department of the University, therefore, his non selection by the State Government cannot be faulted. Respondent No. 5, since was found eligible as per norms, therefore his selection cannot be interfered with. 8. Thus, there is no scope for interference in the matter. Writ Petition fails and is dismissed. _______________________________ MANOJ KUMAR TIWARI, J. ____________________________ SUBHASH UPADHYAY, J. Dt: 3rd June, 2025 Mahinder 3 MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B8 F, cn=MAHINDER SINGH Date: 2025.06.05 20:26:09 +05'30'