High Court · 2025

2 . Mr. K.N. St at e/ respondent no.1. 3 . Mr. Ut t arakhand Technical Universit y/ respondent no.2. 4 . Mr. Vij ay Bhat t , Advocat e for respondent no. 3. 5 . Mr. Shailendra Nauriyal, Advocat e respondent no.4. 6 . in Wom en I nst it ut e of Technology in t he year 2012 Pet it ioner was engaged as Assist ant Pr ofessor and she served in t he said capacit y t ill t he year

2020. While pet it ioner was st ill in service, she filed t his writ pet it ion, seeking t he following reliefs: - “ I . I ssue a writ , order or direct ion in t he nat ure of m andam us com m anding t he respondent s t o allow t he sam e benefit s of services t erm s of j udgm ent dat ed 01.12.2015 passed in writ pet it ion no.193 of 2014 S/ B at par t o t he Facult y of t he THDCI HET along wit h all consequent ial benefit s and regular st at us in service keeping in view t he t erm s of t he advert isem ent and fact s highlight ed in t he body of t he writ pet it ion along wit h all regular salary and ot her benefit s of a regular facult y. I I . I ssue writ , rule or direct ion in t he nat ure of cert iorari quashing t he im pugned order dat ed

01.09.2017 passed by t he respondent no.4 by direct ing t he pet it ioner t o appear in t he int erview for t he purpose of ext ension/ renewal of cont ract of service along wit h it s effect and operat ion also, aft er calling t he ent ir e records and also direct t he respondent s not t o alt er or change t he st at us of t he pet it ioner in service and not t o discont inue on t he basis of t he alleged exercise of int erview for t he purpose ext ension in service. I I I . I ssue writ , rule or direct ion in t hat nat ure of declarat ion t hat t he service of t he pet it ioner is regular and perm anent and t he t erm used cont ract ual is m ere a sham show and cam ouflage and also against t he UGC/ AI CTE Regulat ions and declared t he sam e as unfair pract ice t o exploit t he em ployees j ust t o deprive t hem from securit y of Job t enure and ot her benefit s of services in view of t he fact s highlight ed in t he body of t he writ pet it ion. I V. I ssue writ , rule or direct ion in t he nat ure of declarat ion or any ot her suit able writ t o t his effect t hat in t he const it uent college which is run by t he Universit y, t he com pet ent aut horit y for m aking appoint m ent is t he Vice Chancellor and t he St at e Governm ent has no say in t he m at t er of t he appoint m ent and disciplinary cont rol respect of t he const it uent college of t he Universit y, so t he aut onom y of t he Universit y m ay be m aint ained. V. I ssue writ , rule or direct ion in t he nat ure of m andam us t o declare t he pract ice of t he St at e Governm ent m aking cont ract ual appoint m ent s in all t echnical inst it ut ions violat ion t o t he UGC/ AI CTE regulat ions arbit rary, illegal and void. VI . I ssue order or direct ion appropriat e in nat ure t o award com pensat ion t o t he pet it ioners in t he t une of Rs. One crore t o each of t he pet it ioners and sam e m ay be recovered from t he respondent no.3 on account of his m alicious and m alafide and t ort uous act t o harass t he pet it ioners.” 7 . counsel for t he pet it ioner subm it s t hat t he writ Aft er arguing for a while, learned pet it ion be disposed of wit h libert y t o t he pet it ioner t o m ake represent at ion in t he light of j udgm ent dat ed 31.05.2018 rendered by Coordinat e Bench in Writ Pet it ion No.568 of 2017 ( S/ B) and connect ed m at t ers. He subm it s t hat in t he said j udgm ent in para- 13( C) t here was a direct ion issued t o engage t he pet it ioners, in t he said writ pet it ion, on cont ract basis. 8 . subm it t hat t he writ pet it ion can be disposed of Learned counsel for t he respondent s wit h libert y t o t he pet it ioner t o m ake represent at ion. 9 . pet it ion wit h Accordingly, we dispose of t he writ libert y t o pet it ioner t o m ake represent at ion t o respondent no.3- Vice Chancellor, Ut t arakhand Technical Universit y, claim ing benefit of t he aforesaid j udgm ent . I f pet it ioner m akes represent at ion wit hin t hree weeks from t oday, t he Vice Chancellor shall exam ine her claim for re- engagem ent in light of j udgm ent referred t o above and t ake decision as per law wit hin four m ont hs t hereaft er. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 25.06.2025 25.06.2025 Rajni RAJINI GUSAIN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db48448ac3701a9a e475a2547e4b7f1d9b1f17d01342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222B4DF4FC80D4 557562F95BEBA013F530616A158A0A878BD8, cn=RAJINI GUSAIN