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High Court of Uttarakhand · body

2025 DAILYLAW 14881 (UTT)

SUDHANSHU v. UNION OF INDIA

WPMS/3033/2025 · 2025-11-04

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:9732 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/3033/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Nishant Pande, Advocate for the petitioner. 2. Mr. Saurav Adhikari, Standing Counsel for the Union of India / respondent no. 1. 3. Dr. Kartikey Hari Gupta, Advocate for respondent nos. 2 to 4. 4. Petitioner participated in an entrance examination held by HNB Garhwal (Central) University for admission to Ph.D. Programme- 2024-25. According to the petitioner, as per the Information Brochure, there were two vacancies in Ph.D. Programme in Environmental Science (School of Life Sciences); petitioner was second in order of merit, however, his name did not figure in the list of successful candidates. Thus, feeling aggrieved, petitioner has approached this Court seeking the following reliefs:- “a. Issue a writ, order, or direction in the nature of mandamus directing the Respondent University to reissue the final result for the Ph.D. Entrance Examination for the academic year 2024-2025, insofar as it reflects the allocation of only 01 seat in the Ph.D. Programme for Environmental Science under the Department of Life Sciences, despite the availability of 02 vacancies for the said programme. b. Issue a writ, order, or direction in the nature of mandamus directing the Respondents to allow and grant the Petitioner registration for the Environmental Science Ph.D. Programme 2024-2025, as advertised in the Information Brochure for Ph.D. Entrance Examination 2024-2025 issued by the Respondent University.” 2025:UHC:9732 5. Learned counsel for the University was granted time to get instructions. Today, on instructions, learned counsel submits that in Department of Environmental Sciences, there was only one vacancy available in Ph.D. Programme and this fact was duly informed by the concerned department to the University by a letter dated 17.01.2025, however, due to mistake by the office of the University, in the notification, two vacancies were wrongly mentioned. He submits that there are only two faculty members in Department of Environmental Science, out of which, one is due to retire in the month of July, 2027 and after his retirement, there would be only one Assistant Professor, namely-Dr. Vidhu Gupta would be serving in the department. He further submits that as per UGC norms, an Assistant Professor can act as Research Supervisor for four Ph.D. students while Associate Professor can be Research Supervisor of six Ph.D. students and Professor can be Research Supervisor for eight Ph.D. scholars. He further submits that Dr. Vidhu Gupta is acting as Research Supervisor for as many as four Ph.D. students, therefore, there is no vacancy available for admitting any new research scholar in the University. He further submits that Professor R.K. Maikhuri, who is due to retire in July, 2027, is already acting as 2025:UHC:9732 Research Supervisor for three Ph.D. students and as per UGC norms, he cannot now be appointed as Research Supervisor for Ph.D. students because of his impending retirement. 6. Learned counsel for the petitioner submitted that since petitioner has scored sufficiently high marks in the present selection, therefore, based on his performance in the selection in question, he should be given admission in the next academic session. 7. The UGC norms do not permit an Assistant Professor to act as Research Supervisor for more than four Ph.D. scholars. Since Dr. Vidhu Gupta is already appointed as Research Supervisor for four students, therefore, this Court does not find any scope for interference in the matter. Since every time a new selection has to be held for admission as Ph.D. students, therefore, merely because petitioner scored certain marks in the selection held for academic session 2024-25, will not create any vested right in his favour to claim admission as Ph.D. students in any subsequent academic session. 8. For the aforesaid reasons, the relief claimed by the petitioner cannot be granted. Accordingly, the writ petition fails and is dismissed. No order as to costs. (Manoj Kumar Tiwari, J.) 04.11.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a1 31bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56 D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.11.04 17:17:22 +05'30'