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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI MANOJ KUMAR GUPTA AND HON’BLE SRI JUSTICE SIDDHARTHA SAH 24th August, 2026 WRIT PETITION (S/B) NO. 555 OF 2026 Anirudh Gupta
----Petitioner
Versus
State of Uttarakhand and others. ---Respondents
Counsel for the petitioner
: Sri Parikshit Saini, learned counsel. Counsel for the respondents
: Sri B.P.S. Mer, learned Standing Counsel for the State of Uttarakhand. Sri K.P. Upadhyay, learned Senior Counsel assisted by Sri Hemant Pant,
learned counsel for respondent Nos. 3 & 4. Sri Saurabh Budhori, learned counsel holding brief of Sri Yogesh Pacholia,
learned counsel for respondent No. 5. Sri Bhupesh Kandpal, learned counsel for respondent No. 6.
JUDGMENT : (PER: SRI MANOJ KUMAR GUPTA, C.J.)
1. The present writ petition has been filed with the following prayer:-
“I. Issue a writ, order in the nature of certiorari quashing the impugned order dated 23-11-2024, passed by respondent no.3 in respect of appointment of respondent no.7 as Head of the Department of Mechanical Engineering (Contained as Annexure No.6 page no. 49 to this writ petition). II. Issue a writ, order or direction in the nature of mandamus directing respondent nos.1, 2 and 3 to appoint any Professor available in Department of Mechanical Engineering as Head of the Department (as per applicable bye-laws and Administrative decisions) forthwith.”
2. The case of the petitioner is that in the Institution- respondent No. 4, where he is Professor in Mechanical Engineering
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Department, apart from him, there is one more Professor, namely, Satyendra Singh, but the Institution has given charge of Head of the Department of Mechanical Engineering to respondent No. 6, who is merely Assistant Professor. 3. The petitioner has placed reliance on Rule 35 of the Society Rules, which reads as follows:-
“Rule 35 HEAD OF THE DEPARTMENT: (1) Each teaching department or section of the college/Institute shall be placed in the charge of the senior most teacher who shall act as Head of the Department without any additional remuneration. (2) The Head of a Department shall be responsible for the entire working of the Department subject to the overall control of the Principal/Director. (3) It shall be the duty of the Head of a Department to see that the decisions of the authorities of the College/Institute and the Principal/Director are faithfully carried out. He shall perform such other duties as may be assigned to him by the Principal/Director.”
4. On the last date of hearing, learned Senior Counsel appearing on behalf of the Institution sought time to enable the Institution to revisit its decision in respect of appointment of respondent No. 7 as Head of the Department. 5. Today, when the matter is taken-up, an order passed on 22.08.2026 by the Director of the respondent-Institution has been placed before us for our perusal. By the said order, Professor- Satyendra Singh has been appointed as Head of the Department. 6. Sri Parikshit Saini, learned counsel for the petitioner, states that since the second relief stands granted, therefore, the proceedings of the present case may be closed.
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7. Accordingly, the proceedings are closed. The writ petition stands disposed of accordingly. 8. All pending applications stand disposed of accordingly. _____________________ MANOJ KUMAR GUPTA, C.J.
___________________ SIDDHARTHA SAH, J.
Dt: 24th August, 2026 Rathour
PRAVINDRA SINGH RATHOUR Digitally signed by PRAVINDRA SINGH RATHOUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=23699ccc2fd40ad81b6fd13323779d9e3 aeb1097d17dbb53d481cabd25946eed, postalCode=263001, st=UTTARAKHAND, serialNumber=1F65499E931DF71CDAF92A40CC 6179B8E010331BA695239171F906FD5C45C4E8, cn=PRAVINDRA SINGH RATHOUR Date: 2026.08.24 17:42:48 +05'30'