Dr. Mukesh Lal Sah v. Kumaon University Nainital and others

learned counsel for t he respondent s.

2. According t o t he pet it ioner, he possesses degree of B. Pharm and M. Pharm from t he recognized universit y, beside t his, pet it ioner also holds a degree of Ph.D., which was awarded t o him in t he year 2014.

3. The pet it ioner has t he present writ pet it ion seeking t he following reliefs: - I ssue a writ of cert iorari quashing t he “ i) im pugned not ice No.KU/ GEN/ TCH.ESTB/ 2025/ 128 dat ed 6.5.2025 advert isem ent 1 advert isem ent not ice No.KU/ GEN/ TCH.ESTB/ 2025/ 133 dat ed 6.5.2025 t he published by Kum aun Universit y under signat ure of Respondent No.2 ( cont ained as Annexure No.3 t o t he writ pet it ion) as it relat es t o advert isem ent of vacancy in Phar m acy Discipline. ii) I ssue a writ of cert iorari quashing t he im pugned order dat ed 1.7.2025 passed by Regist rar, Kum aun Universit y ( respondent no.3) ( cont ained as Annex ur e No.2 t o t he writ pet it ion) . direct ing com m anding iii) I ssue a writ , order of dir ect ion in t he nat ure of t he m andam us Kum aun Universit y, Nainit al t o re- advert ise t he post of Professor and Associat e Professor Phar m acy Discipline by following t he m inim um qualificat ion prescribed by Phar m acy Council of it s Regulat ion Minim um I ndia Qualificat ion for Teacher s in Pharm acy I nst it ut ions Regulat ion 2014.” ( PCI )

4. Fact s of t he case, in a nut shell, are t hat an advert isem ent cam e t o be issued by t he respondent- Universit y filling up t he post of Professor and Associat e Professor in different depart m ent s of t he Universit y vide not ificat ion dat ed 06.05.2025. The qualificat ions prescribed for t he post of Professor are as under: - discipline, concer ned/ allied/ relevant “A. An em inent scholar having a Ph.D. degree in t he published work of high qualit y, act ively engaged in resear ch wit h evidence of published work wit h, a m inim um of 10 r esear ch publicat ions in t he peer- reviewed or UGC- care list ed j our nals and a t ot al resear ch score of 120 as per t he crit eria given in Appendix I I , Table 2. 2 universit y / college ii) A m inim um of 10 years of t eaching experience Assist ant Professor/ Associat e Professor/ Professor and/ or resear ch experience at equivalent level at t he Universit y/ Nat ional wit h Level evidence of having successfully guided doct oral candidat e. I nst it ut ions OR An out st anding professional having a Ph.D. B. degree in t he relevant / allied/ applied disciplines, from any academ ic inst it ut ions ( not included in A indust r y, who has m ade significant above) cont ribut ion t o t he knowledge in t he concerned/ allied discipline, docum ent ary evidence provided he/ she has t en years' ex perience.” support ed relevant /

5. Whereas, t he qualificat ions for t he post of Associat e Professor are as under: - “ i) A good academ ic record wit h Ph. D. degr ee in t he concerned / allied / relevant disciplines. ii) A Mast er's degr ee wit h at least 55% m ark s ( for an equivalent grade in a point - scale w herever t he grading syst em is followed) iii) A m inim um of eight years of experience of t eaching and/ or r esearch in an academ ic/ r esearch posit ion equivalent t o t hat of Assist ant Professor in a Universit y, College, or Accredit ed Resear ch I nst it ut ion/ I ndust r y wit h a m inim um of seven publicat ions in t he peer- r eviewed or UGC care list ed t ot al research scor e of sevent y- five ( 75) as per t he crit eria given in appendix I I , Table 2.” j ournals and a

6. Learned counsel for t he pet it ioner subm it s t hat qualificat ions m ent ioned for t he post of Professor and 3 Associat e Professor in Pharm acy Depart m ent are not as per m inim um qualificat ion, which are prescribed by Pharm acy Council of I ndia ( hereinaft er referred t o as t he “ PCI ” ) vide regulat ion known as ‘Minim um Qualificat ion for Teachers in Pharm acy I nst it ut ions Regulat ion, 2014’.

7. Learned counsel t he pet it ioner would furt her subm it t hat , as per t he UGC Regulat ions 2018, no qualificat ion is prescribed for t he post of Professor and Associat e Professor for Pharm acy Discipline, t herefore, t he m inim um qualificat ion prescribed by t he Pharm acy Council Regulat ion, 2014, would applicable. I n order t o but t ress his cont ent ion, learned counsel t he pet it ioner placed reliance upon t he j udgm ent rendered by t he Hon’ble Apex Court in t he case of ‘The Pharm acy Council of I ndia Vs. Dr. S.K. Toshniwal Educat ional Trust s, Vidarbha I nst it ut e of Pharm acy and Ors. Et c,’ in Transfer Pet it ions ( Civil) Nos.87- 101 of 2014.

8. Having heard t he learned counsel t he part ies and aft er going t hrough t he j udgm ent dat ed

06.06.2025 passed by t his Court rendered in WPSB No.202 of 2025, t his Court is of t he view t hat t he j udgm ent rendered by t he Hon’ble Apex Court , which is 4 being heavily relied by t he learned counsel for t he pet it ioner, is of no avail t o t he pet it ioner, as t he issue involved in t he case was regarding t he applicabilit y of t he Pharm acy Act , 1948 viz- a- viz t he All I ndia Council of Technical Educat ion Act , 1987 in relat ion t o t he subj ect of Pharm acy, including approval of courses of st udy, m inim um st andards educat ion required qualificat ion as a Pharm acist , regist rat ion as a Pharm acist , regulat ion of fut ure professional conduct et c. Furt herm ore, t he PCI have t hem selves vide circular dat ed 08.08.2022 and 29.05.2024, clearly m ent ioned t hat t he Cent ral Council of t he PCI , in it s m eet ing held on 29.07.2022, have decided t he issue no. ‘( a) ’, which reads as under: - “ a) decided t hat UGC's following Regulat ion and subsequent am endm ent s from t im e t o t im e shall be followed by pharm acy inst it ut ions wit h r egard t o designat ion, appoint m ent , prom ot ion et c. of facult y- ( Minim um Qualificat ions UGC Appoint m ent of Teachers and ot her Academ ic in Universit ies and Colleges and St aff Measur es for t he Maint enance of St andar ds in Higher Educat ion) Regulat ions, 2010 and various am endm ent s t her e t o from t im e t o t im e.” 5

9. Moreover, t hough t he pet it ioner was eligible t o part icipat e for select ion t o t he post of Professor and Associat e Professor, as per t he not ificat ion, but he has not applied for t he said post .

10. The m oot quest ion, which arises considerat ion before t his Court , is t hat wit hout applying t he said post , t hough being eligible, can t he pet it ioner cancellat ion t he im pugned advert isem ent dat ed 06.05.2025. I n t he considered opinion of t his Court , t he answer would be in negat ive.

11. I n such view of t he m at t er, t his Court refrains t o ent ert ain t his writ pet it ion, as it lacks m erit .

12. Accordingly, t he writ pet it ion st ands dism issed. There shall be no order as t o cost s. ( G. N A REN D A R, C. J.) ( A LOK M A H RA , J.) Dat ed: 09.07.2025 BS BALWAN T SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a1 7c02fe2eacbf28cdf4ba7ce8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB 553DE5185F418755DC00A7A13C14A680C3FA9 0, cn=BALWANT SINGH 6