UKHC010134122026 2026:UHC:6817-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. 504 of 2026 Gourav Semwal 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. 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.363 of 2026 and wherein, an interim order was granted in their favour on 19.06.2026, which is as follows:- “1. Mr. M.C. Pant, learned counsel for the petitioners. 2. Mr. Amrendra Pratap Singh, learned Additional A.G. for the State. 3. Mr. Bhupesh Kandpal, learned counsel for the University/respondent nos.2 and 3. 4. The petitioners were engaged as Assistant Professor in different subjects on contractual basis during the academic session 2023-24. In 2024-25, they were again selected. In academic session 2025- 26, their engagement was renewed and as such they have continued to work as 1 UKHC010134122026 2026:UHC:6817-DB 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. 5. 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 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.” 2. 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. 3. It is further submitted that in the 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. 4. Mr. Bhupesh Kandpal, learned counsel for the University states that the notice dated 20.07.2026 has been 2 UKHC010134122026 2026:UHC:6817-DB cancelled/ withdrawn by the University. 5. 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. 6. The writ petition stands disposed of. 7. Pending application, if any, also stands disposed of (MANOJ KUMAR GUPTA, C.J.) (SUBHASH UPADHYAY, J.) Dated: 04.08.2026 KKS/PP 3