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2026 DAILYLAW 9635 (UTT)

KAMIL HUSAIN v. STATE OF UTTARAKHAND

WPSS/2081/2026 · 2026-08-11

Pankaj Purohit

body2026

Judgment text

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UKHC010137912026 2026:UHC:7073 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Service Single No. 2081 of 2026 11 August, 2026 Kamil Husain --Petitioner Versus State Of Uttarakhand & another -Respondents ---------------------------------------------------------------------- Presence:- Mr. G.P. Awasthi and Mr. Anil Bisht, learned counsel for the petitioner. Mr. Sushil Vashisth, learned Standing Counsel for the State. ---------------------------------------------------------------------- Hon’ble Pankaj Purohit, J. Petitioner has challenged the order dated 29.06.2026, annexure-1 to the writ petition, whereby representation dated 27.04.2026 submitted by the petitioner has been rejected. 2. It is contended by learned counsel for the petitioner that representation dated 27.04.2026 has not been considered by respondent no.1 sympathetically and, further, that it has been decided against the order passed by this Court in WPSS No.1226 of 2026, Kamil Husain vs. State of Uttarakhand & others. 3. Learned counsel for the petitioner elaborated by saying that respondent no.1-Secretary has not given any opportunity of hearing to the petitioner while deciding the representation of the petitioner, whereas the order dated 12.05.2026 was very much clear, wherein it has been stated that before passing any order within a period of one month from the date of the order dated UKHC010137912026 2026:UHC:7073 2 12.05.2026, the parties shall be given an opportunity of hearing and the representation will be decided by a speaking and reasoned order. 4. Vide order dated 05.08.2026, this Court has directed the Office to annex WPSS No.1226 of 2026, Kamil Hussain vs. State of Uttarakhand & others. 5. Today, on perusal of both the writ petitions, it transpires that representation has been decided by respondent no.1 in a very cursory manner and that too without giving any opportunity of hearing to the petitioner. 6. In such view of the matter, the order dated 29.06.2026 is hereby quashed. Respondent no.1- Secretary, Secondary Education, Uttarakhand, Dehradun, is directed to decide the representation dated 27.04.2026 of the petitioner sympathetically, in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of fifteen days from today. 7. The writ petition is disposed of accordingly. 8. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 11.08.2026 AK AVNEE T KAUR Digitally signed by AVNEET KAUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=a82175252dc1a0f53f0e245a1c 11df9aa490cfd1403838bf52f9acab4cc3a 5b9, postalCode=263001, st=UTTARAKHAND, serialNumber=5BEC18DADE546886681 87E4D722C2EDBFDAF35AB2F676A5514 81BE62508FDDEE, cn=AVNEET KAUR Date: 2026.08.12 10:47:07 +05'30'