2025:UHC:4611-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA WRIT PETITION (S/B) NO. 202 OF 2025 06TH JUNE, 2025 Dr. Mukesh Lal Sah …… Petitioner Versus Kumaon University, Nainital & others …… Respondents Counsel for the petitioner : Mr. Anil Kumar Joshi, learned counsel Counsel for the respondents : Ms. Mamta Bisht, learned counsel for respondent Nos. 1 to 3 : Mr. Harshvardhan Dhanik, learned counsel for respondent No. 4 The Court made the following: JUDGMENT: (per Hon’ble The Chief Justice Sri G. Narendar) Heard the learned counsel for the petitioner Mr. Anil Kumar Joshi and the learned counsel for the respondent University Ms. Mamta Bisht. 2) The case of the petitioner, in a nutshell, is that he is qualified to hold the post of Professor and Associate 1 2025:UHC:4611-DB Professor and that the University has invited applications for making appointments to the post of Professor and Associate Professor. That the petitioner has been working as Assistant Professor in the department of Pharmaceutical Sciences, Bhimtal, Kumaon University. That the petitioner is a Post Graduate in Pharmacy Science. 3) On perusal of the advertisement it is seen that with regard to eligibility it is stipulated that a candidate shall possess a good academic record with Ph.D. degree in the subject concerned or in a relevant discipline, and a Master’s Degree with 55% marks and minimum of eight years of experience of teaching. From a reading of the above, more particularly, eligibility condition no. (i), it is apparent that recruitment is being sought for post in various departments. 4) Be that as it may, it is the contention of the petitioner that the eligibility criteria stipulated by the University is in respect of Pharmaceutical Sciences Department, the same is contrary to the eligibility criteria as fixed by the Pharmacy Council of India, and in this regard he has submitted a representation dated 19/20.05.2025. 2 2025:UHC:4611-DB 5) In view of the fact that no illegal action is complained of but only an apprehension established before the Court, we are of the considered opinion, that the instant writ petition could be disposed of by directing the second respondent University to consider the writ petition as a representation and dispose of the same by a speaking order as expeditiously as possible at any rate within an outer limit of two weeks from the date of receipt of a copy of this order. 6) Registry is directed to dispatch a copy of this order forthwith to the Respondents. 7) The writ petition stands ordered accordingly. 8) There shall be no order as to costs. 9) As a sequel thereto, pending application, if any, shall stand closed. ________________ G. NARENDAR, C.J. ____________ ALOK MAHRA, J. Dt: 06TH JUNE, 2025 Negi 3 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: 2025.06.09 13:05:44 +05'30'