Extracted from the PDF above. The PDF is authoritative.
UKHC010134172026
2026:UHC:6818-DB HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE SHRI SUBHASH UPADHYAY 04th August, 2026
WRIT PETITION (S/B) NO. 505 of 2026
Ankur Bisht and Others
------Petitioners
Versus State of Uttarakhand and Others
----Respondents Presence:-
Ms. Anupriya Kukreti, learned counsel for the petitioners. Mr. Amrendra Pratap Singh, learned Additional Advocate General with Mr. B.S. Parihar, learned Additional Chief Standing Counsel. Mr. Bhupesh Kandpal, learned counsel for the respondent nos.2 to 4. ------------------------------------------------------------------------------- JUDGMENT: (per Manoj Kumar Gupta, C.J.)
1. Heard learned counsel for the parties. 2. The Amendment Application (IA No.2/2026) is allowed. 3. Let the amendment be carried out during course of the day. 4. The petitioners were engaged as Assistant Professors (short-term engagement) for a period of eleven months at Campus Institute of Veer Madho Singh Bhandari, Uttarakhand Technical University, Dehradun for the session 2024-25. It was renewed during the academic session 2025-26. The University had issued an advertisement dated 16.06.2026 inviting applications for fresh short-term engagement. The petitioners, feeling aggrieved thereby, filed Writ Petition (S/B) No.395 of 2026 and wherein, an interim order was granted in their favour 1
UKHC010134172026
2026:UHC:6818-DB on 06.07.2026, which is as follows:-
“1. Mr. M.C. Pant, learned counsel for the petitioners. 2. Mr. Amrendra Pratap Singh, learned Additional A.G. with Mr. B.S. Parihar, learned Additional CSC for the State. 3. Mr. Prashant Shukla, learned counsel (through V.C.) with Mr. Mr. Bhupesh Kandpal, learned counsel for the University/respondent nos. 2 and 3. 4. Mr. Tilak Ram Sharma, learned counsel holding brief of Mr. Shailendra Nauriyal, learned counsel for the respondent no.4. 5. The petitioners were engaged as Assistant Professor in different subjects on contractual basis during the academic session 2023-24. In 2024-25 and 2025-26, their engagement was renewed and as such they have continued to work as contract faculty. The last renewal was on basis of decision taken by a Committee headed by the Joint Secretary, Technical Education Department, Uttarakhand Government and wherein the Heads of different campuses of the University also participated. It was decided in the said meeting that as regular appointment against the vacant positions was not possible within short time, therefore, until regular selections are made, the teachers engaged on contract basis be permitted to continue.
The respondents have now again issued advertisement for engagement of teachers on short term basis and the same is under challenge in the present writ petition. The submission is that the respondents cannot substitute one contract employee with another. 6. Concededly, the Chief Secretary, vide his order dated 25.04.2025, restrained the University from engaging any faculty on contractual basis and instead proceed for making regular recruitments. It is also admitted that although University have taken steps for making regular appointments but the same have not been made so far. In such circumstances, prima facie the exercise now being undertaken for engagement of teachers on basis of short term engagement, which would have effect of replacing the petitioners, who are working in the same capacity, is ex facie illegal. 7. Let counter affidavit be filed within four weeks. 8. List along with WPSB No.363/2026 in the week commencing
27.07.2026. 9. Meanwhile, the respondents are restrained from replacing the petitioners with any other contract teacher unless there is anything adverse against the petitioners.”
5. By the impugned notices dated 20.07.2026 and 21.07.2026, the short-term appointees have been informed that their short-term engagement being for eleven months would end on 21.07.2026. Aggrieved thereby, the present writ petition has been filed. The case of the petitioners is that the respondent- University cannot replace one short term appointee with another. 2
UKHC010134172026
2026:UHC:6818-DB
5. It is further submitted that in present case, an interim order has been granted by this Court on 31.07.2026, and the Vice-Chancellor of the University has been directed to file his affidavit. 6. Mr. Bhupesh Kandpal, learned counsel for the University states that similar notice dated 20.07.2026 has been cancelled/ withdrawn by the University. 7. In view of the stand taken by Mr. Bhupesh Kandpal, learned counsel appearing for the University, we quash the impugned notices dated 20/21.07.2026. 8. The writ petition stands disposed of. 9.
Pending application, if any, also stands disposed of
(MANOJ KUMAR GUPTA, C.J.)
(SUBHASH UPADHYAY, J.) Dated: 04.08.2026 KKS/PP 3