2025:UHC:4268-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB 158/2025 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J. Mr. A.S. Rawat, Senior Advocate, assisted by Girveer Chand, Advocate for the petitioners. Mr. S.S. Chaudhary, Standing Counsel, for the State. Mr. Yogesh Kumar Pacholia, Advocate, for the respondent no. 4. Mr. B.S. Parihar, Advocate, and Mr. Tushar Upadhyay, Advocate, for the respondent no. 5. (2) Petitioners are serving as Assistant Professor in different Govt. Degree/Post Graduate Colleges. By means of this writ petition, petitioners have sought the following reliefs: “i. Issue a writ, order or direction in the nature of certiorari for quashing the impugned communication dated 22.02.2025 (Annexure-6) to the extent it mandates only unpaid leave for professors from non-research colleges; ii. Issue a writ, order, or direction in the nature of mandamus directing Respondents to allow the Petitioner and similarly situated faculty to pursue Ph.D. Course in online/part-time mode in accordance with the UGC Ph.D. Regulations, 2022; iii. Issue a writ, order, or direction in the nature of mandamus directing the State and Directorate of Higher Education to frame uniform and equitable policy applicable to all regular Assistant Professors, for higher Ph.D degree regardless of college status;” (3) According to petitioners, they have been selected for admission to Ph.D. Course, however, State Govt. is not granting them paid leave and is insisting that petitioners should apply for leave without pay. According 2025:UHC:4268-DB to petitioners, there are certain Govt. Colleges in Uttarakhand which are having research centres and the Assistant Professors posted in those colleges can very easily pursue Ph.D. Course as they need not go anywhere else for research work, whereas there are Assistant Professors like petitioners, who are posted in such Govt. Colleges which do not have any research centre and, in order to pursue the Ph.D. Course, they have to go some other college where research centre is available. Due to this reason, according to petitioners, they need paid leave. (4) Per contra, learned State Counsel submits that petitioners cannot claim paid leave for pursuing Ph.D. Course as a matter of right. As regards the claim of petitioners for Ph.D. Course in online/part-time mode, learned State Counsel submits that such aspect can only be taken care of by the concerned University and not by the State Govt. (5) We find substance in the submission of learned State Counsel. However, having regard to the facts and circumstances of the case, we dispose of the writ petition with liberty to petitioners to make representation to the State Govt. as well as to the University concerned. If they make representation within two weeks from today, decision thereupon shall be taken, as per law, within eight weeks thereafter. (Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 22.05.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab19 8d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6F CA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.05.24 11:45:03 +05'30' 2025:UHC:4268-DB