MUNISH KUMAR v. HEMWATI NANDAN BAHUGUNA GARHWAL UNIVERSITY SRINAGAR
WPSS/603/2025 · 2025-04-23
Rakesh Thapliyal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5416 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5416 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:2979 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPSS/603/2025 Hon’ble Mr. Justice Rakesh Thapliyal, J
1. Mr. Ashotosh Posti, learned counsel for the petitioner.
2. Dr. Kartikey Hari Gupta, learned counsel for the respondents.
3. By the instant petition the petitioner is praying for the following reliefs:
“(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent University to regularized the service of the petitioner from the date his junior was regularized on the post on which the petitioner is working or any other equivalent post, or as per the qualification of the petitioner, which is lying vacant in the University. (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to complete the process of regularization process within the stipulated period as fix by this Hon’ble Court.”
4. Learned counsel for the petitioner submits that the petitioner is serving since last more than 20 years but his claim for regularization has not been considered.
5. Learned counsel for the petitioner further brings to the notice of this court the judgment passed by this court dated 24.12.2024 passed in WPSS No. 44 of 2024 and by referring this order
learned counsel for the petitioner submits that the petitioner is similarly situated incumbents and therefore his claim for regularization also be considered by the University in the light of the aforesaid judgment.
6. Dr. Karitikey Hari Gupta, learned counsel for the University submits that a committee has been constituted for considering the candidature of other incumbents, who are serving in the University for their regularization, however, the claim of each of the individual shall be
2025:UHC:2979 considered independently against the available vacancy. He has not disputed this fact that the petitioner is serving in the University but whether he will be regularized or not that will be considered only by the committee and the same will be subject to the availability of the vacancies.
7. Learned counsel Dr. Kartikey Hari Gupta also pointed out that the committee is considering the candidature of the candidates on the basis of their date of entry in service.
8. Since learned counsel for the University have not disputed that the petitioner is serving in the University and if the petitioner is working since last more than 20 years then the committee so constituted, as intimated by the learned counsel Dr. Kartikey Hari Gupta, is directed to consider the candidature of the petitioner for his regularization in the light of the judgment passed by this court dated 24.12.2024 in WPSS No. 44 of 2024.
9. Subject to the observation and directions as above, the writ petition stands disposed of.
(Rakesh Thapliyal, J.) 23.04.2025 SKS
2025:UHC:2979