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2025 DAILYLAW 13807 (UTT)

AMITABH BHATT v. STATE OF UTTARAKHAND

WPSB/795/2024 · 2025-02-10

Ashish Naithani, G Narendar

body2025

Judgment text

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2025:UHC:677-DB 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ASHISH NAITHANI 10TH FEBRUARY, 2025 WRIT PETITION (S/B) No. 795 OF 2024 Amitabh Bhatt. …Petitioner Versus State of Uttarakhand and others. …Respondents Counsel for the petitioner. : Sri Sanjay Raturi, learned counsel. Counsel for respondent nos. 1 & 2. : Sri J.C. Pandey, learned Standing Counsel for the State of Uttarakhand. Counsel for respondent nos. 3 & 4. : Sri Bhuwan Bhatt, learned counsel. Counsel for respondent no. 5. : Dr. Kartikey Hari Gupta, learned counsel. Counsel for respondent no. 6. : Ms. Anjali Bhargava, learned counsel. JUDGMENT : (per Sri G. Narendar, C.J.) Heard the learned counsel for the petitioner Sri Sanjay Raturi and learned Standing Counsel for the State of Uttarakhand/ respondent nos. 1 & 2 Sri J.C. Pandey. 2. The short question, in issue, is that the petitioner’s promotion, by way of Career Advancement Scheme, has been stalled on account of inaction on the part of the second respondent in failing to appoint the Chairman; that as per Annexure No. 10 Notification issued by the University Grants Commission purportedly dated 06.06.2024, a window of opportunity has been 2025:UHC:677-DB 2 granted to teachers and academic staff of the University, and Colleges affiliated to the University, to either seek for consideration of their cases, under the Career Advancement Scheme, under the 2010 or 2018 Regulations; that the petitioner has exercised his option, and has preferred an application, praying for consideration of his case for promotion under the Career Advancement Scheme of 2010; and that despite his exercising the option, and placing a request for consideration of his case, the second respondent has failed in expediting the consideration of his case. 3. Learned counsel for the petitioner would submit that in similar circumstances, this Court, by order dated 02.01.2024, rendered in Writ Petition (S/B) No. 30/2022 has been pleased to dispose off the Writ Petition by the following order : “5. Be that as it may, since the management of the concerned college has not held any meeting for promotion under Career Advancement Scheme, 2010 so far, therefore, writ petition is disposed of with a direction to the management of the concerned college to hold meeting of Screening-cum-Evaluation Committee under Career Advancement Scheme, 2010 as early as possible but not later than eight weeks from the date of production of certified copy of this order.” 4. Learned counsels would submit that the instant petitioner, also being similarly placed, the instant Writ Petition could also be disposed off on similar terms. 2025:UHC:677-DB 3 5. In that view, the submissions of the learned counsels on both sides are placed on record. The Writ Petition is disposed off, with a direction to the respondents to constitute the Screening-cum-Evaluation Committee, under the Career Advancement Scheme of 2010, as expeditiously as possible, and at any rate within an outer limit of eight weeks from the date of receipt of a copy of this order, and thereby consider the case of the petitioner, and dispose off his representation/ application dated 11.12.2023. 6. The Writ Petition stands disposed off, in the above terms. There shall be no order as to costs. As a sequel thereto, miscellaneous application(s), if any pending, shall stand closed. _______________ G. NARENDAR, C.J. _________________ ASHISH NAITHANI, J. Dt: 10th February, 2025 Rahul