2025:UHC:10405-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY WRIT PETITION (PIL) NO. 74 OF 2025 21ST NOVEMBER, 2025 Sukhvinder Singh …… Petitioner Versus Union of India and others …… Respondents Counsel for the petitioner : Dr. Kartikey Hari Gupta and Ms. Irum Zeba, learned counsel Counsel for the respondents : Mr. Manoj Kumar, learned Standing Counsel for the Union of India / respondent No. 1 : Ms. Rajni Supyal Latwal, learned Brief Holder for the State / respondent No. 6 The Court made the following: JUDGMENT: (per Hon’ble The Chief Justice Sri G. Narendar) Heard the learned counsel for the petitioner Dr. Kartikey Hari Gupta, the learned Standing Counsel for the Union of India Mr. Manoj Kumar, and the learned Brief Holder for the State Ms. Rajni Supyal Latwal. 1 2025:UHC:10405-DB 2) Notice to respondent Nos. 2, 3, 4 and 5 is dispensed with. 3) The petitioner has sought for the following prayers : “(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 & 5 to appoint one or more persons to review the financial embezzlement pointed out in the Audit Inspection Report of I.I.M., Kashipur for the period dated 01.04.2021 to 31.03.2023 (Annexure No. 1.) prepared by the Office of the Principal Director of Audit (Central), Lucknow Branch Office Prayagraj; and hold enquiry into the same under Section 10A(2) of the I.I.M. (Amendment) Act, 2023 (Annexure No. 5) and further take such action and issue such directions as considered necessary under Section 10A(4). (ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 institute enquiry / financial review on the basis of Audit Inspection Report of I.I.M., Kashipur for the period dated 01.04.2021 to 31.03.2023 (Annexure No. 1) prepared by the Office of the Principal Director of Audit (Central), Lucknow Branch Office Prayagraj; 2 2025:UHC:10405-DB and take disciplinary / administrative action against the respondent Institute Authorities. (iii) Any other suitable writ, order or direction which this Hon’ble Court may deed fit and proper in the circumstances of the. (iv) Further prays that the Hon’ble Court may direct the respondents to pay the cost of the litigation.” 4) We have queried the learned counsel if any representation or complaint is made to the authorities, i.e., the first respondent to which the learned counsel would submit that no such representation or complaint has been made. 5) In that view, we are of the opinion that the ends of justice will be served if the first respondent is directed to treat the instant writ petition as a representation and consider and pass necessary orders within a stipulated time. 6) In that view of the matter, the writ petition is disposed of with a direction to the first respondent, Secretary, Department of Higher Education, Government of India to consider the instant writ petition as a representation and dispose of the same by a reasoned 3 2025:UHC:10405-DB order. The first respondent shall complete the exercise within four weeks from the date of receipt of a copy of this order. It is open to the petitioner to forward a separate copy of the order, and the copy of the writ petition, to the first respondent. 7) There shall be no order as to costs. 8) Pending application, if any, also stands disposed of. ________________ G. NARENDAR, C.J. _________________ SUBHASH UPADHYAY, J. Dt: 21ST NOVEMBER, 2025 Negi 4 HIMANS HU NEGI Digitally signed by HIMANSHU NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1dae20d13aa f116e73351fdaf6878326386908a7f90d575 7, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC5 1A722A6BC552D470EB4FD2F88DDF7C18 DB2A1524A4D, cn=HIMANSHU NEGI Date: 2025.11.24 11:46:13 +05'30'