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2025 DAILYLAW 13420 (UTT)

KANTI PRASAD BHATT v. STATE OF UTTARAKHAND

SPA/371/2024 · 2025-07-31

Ashish Naithani, G Narendar

body2025

Judgment text

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2025:UHC:6816-DB HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE MR. G. NARENDAR AND HON’BLE SRI JUSTICE ASHISH NAITHANI 31ST JULY, 2025 SPECIAL APPEAL NO. 110 OF 2025 Surendra Chandra ....Appellant Versus State of Uttarakhand & others …..Respondents WITH SPECIAL APPEAL NO. 366 OF 2024 SPECIAL APPEAL NO. 368 OF 2024 SPECIAL APPEAL NO. 370 OF 2024 SPECIAL APPEAL NO. 371 OF 2024 SPECIAL APPEAL NO. 23 OF 2025 Counsel for the Appellants : Mr. Anil Anthwal and Mr. Lalit Samant and Ms. Ruchika Negi, learned counsels. Counsel for the State : Mr. P.C. Bisht and Mr. B.S. Parihar, learned Additional Chief Standing Counsels with Mr. S.M.S. Mehta, learned Brief Holder. COMMON JUDGMENT :(per Mr. G. Narendar, C.J.) Delay Condonation Applications (IA Nos.01/2024 and 01/2025) For the reasons stated in the Applications seeking condonation of delay, the delay in preferring the aforementioned Special Appeals is condoned. Accordingly, the Applications (IA Nos.01 and 2024 and 01 of 2025) seeking condonation of delay, stand allowed. 2. So far as the above special appeals are concerned, it is seen that the basis for termination of the petitioners’/ appellants’ services, is the letter dated 25.05.2018, issued by the Chaudhary Charan Singh University, Meerut, which has stated that B.Ed. degree/ mark-sheet does not tally with the enrolment and confidential record maintained by the said University. In the absence of challenge to this foundational fact, 1 2025:UHC:6816-DB we are unable to comprehend as to how any relief can be granted to a consequential order of removal which, admittedly, is premised on the opinion of the University. 3. It is also not in dispute that the letter was issued pursuant to the inquiry by the Special Investigation Team constituted for unearthing such unjustified/ illegal appointments. 4. In that view, learned counsels for the appellants pray leave to withdraw the instant special appeals with liberty to file fresh petitions calling in question the letter of the University dated 25.05.2018. 5. Reserving such liberty, the special appeals are dismissed as withdrawn. 6. There shall be no order as to costs. 7. Pending application, if any, also stands disposed of accordingly. ________________ G. NARENDAR, C.J. ________________ ASHISH NAITHANI, J. Dated: 31st July, 2025 NISHANT 2 NISHANT KUMAR Digitally signed by NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cdc00ec2b7462b45 2b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC63A055CFD19616 90560487E670C, cn=NISHANT KUMAR Date: 2025.08.12 10:48:03 +05'30'