Research › Search › Judgment

High Court of Uttarakhand · body

2026 DAILYLAW 3670 (UTT)

DR DEEPAWALI JOSHI v. STATE OF UTTARAKHAND

WPSB/241/2026 · 2026-04-27

Manoj Kumar Tiwari, Siddhartha Sah

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:3156-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/241/2026 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Siddhartha Sah, J. Ms. Prabha Naithani, learned counsel for the petitioner. 2. Mr. J.C. Pandey, learned Standing Counsel for the State of Uttarakhand/ respondent nos. 1 & 2. 3. Mr. S.S. Lingwal, learned counsel for respondent nos. 3 & 4, through video conferencing. 4. Petitioner was engaged as teaching personnel on contract in D.S.B. Campus of Kumaon University, vide order dated 29.07.2015, and according to her, she is continuously serving as such ever since then. Petitioner is aggrieved by an advertisement, issued by the University, on 13.04.2026, whereby applications are invited for appointment against various teaching posts, including the one against which petitioner was engaged. 5. Petitioner contends that since she has served for more than ten years, therefore, she has earned a right to be considered for regularisation. She relies on the Regularisation Rules framed by State Government in respect of State employees, 2026:UHC:3156-DB which were amended in 2025. 6. This Court has reservation on the question whether those Rules would be applicable to a State University, which is governed by State Universities Act, 1973. Section 31 of the said Act deals with appointment of teachers in which provision for regularisation was made by adding clause 3 (c) to Section 31 by U.P. Act no. 1 of 1992. Since University is a statutory authority, therefore, it cannot take a decision, which is contrary to the provisions of the parent Act. 7. Since petitioner has made a representation to the Vice Chancellor of the University, therefore, the writ petition is disposed of by requesting the Vice Chancellor to take decision on the representation of the petitioner, as per law, within six weeks from the date of presentation of certified copy of this order. Till decision is taken on petitioner’s representation, her engagement shall not be discontinued. (Siddhartha Sah, .J.) (Manoj Kumar Tiwari, .J.) 27.04.2026 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=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D095C6ED9A86DAAB21 CE5, cn=NAVEEN CHANDRA Date: 2026.04.28 10:06:04 +05'30'