Varsha v. State of Uttarakhand

SL. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGES'S ORDERS

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WPSB No. 412 of 2024 With WPSB No. 413 of 2024 WPSB No. 414 of 2024 WPSB No. 415 of 2024 WPSB No. 416 of 2024 WPSB No. 417 of 2024 WPSB No. 419 of 2024 Hon 'ble Man oj Ku m ar Tiw ar i, A.C.J. Hon 'ble Pan k aj Pu r oh it , J.

¶1Ms. Sakshi Singh, learned counsel holding brief of Mr. Shobhit Saharia, learned counsel for petitioners in all these Writ Petitions.

¶2Mr. S.S. Chaudhary, learned Brief Holder for State of Uttarakhand/ respondent nos. 1 & 2.

¶3Mr. Mehul Joshi, learned counsel holding brief of Mr. Bhuwan Bhatt, learned counsel for respondent nos. 3 & 4.

¶4Petitioners in these Writ Petitions were appointed as Assistant Professor, against sanctioned vacant posts in M.P.G. College, Nagar Palika Parishad, Mussoorie, in the year 2023. Since salary is not being paid to them so far, therefore, they have approached this Court, seeking a direction to the State of Uttarakhand to release the funds for payment of salary.

¶5Since common questions of law and facts are involved in these Writ Petitions, therefore, they are being heard and decided together. However, for the sake of brevity, facts of Writ Petition (S/ B) No. 412/ 2024 alone are being considered and discussed.

¶6Petitioner in Writ Petition (S/ B) No. 412/ 2024 responded to an advertisement issued by Management Committee of the aforesaid College on

12.07.2023, and on the recommendation of the Selection Committee, an order of appointment was issued to her on 01.12.2023. According to petitioner, her appointment was approved by the Vice Chancellor of Hemvati Nandan Bahuguna Garhwal Central University on 30.11.2023, yet she is not being paid any salary. Reliance has been placed by petitioner upon Section 4(f) of Central Universities Act, 2009, which reads as under : "Effect of Establishm ent of Universities

¶4On and

from date of comm encement of this Act: -

(a) …

(b) …

(c) …

(d) …

(e) …

(f) All Colleges, Institutions, Schools or Faculties and Departm ents affiliated to, or admitted to the privileges of, or maintained by, Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University shall stand affiliated to, or admitted to the privileges of, or maintained by, Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, respectively, established under this Act."

¶7Learned State Counsel, however, submits that Section 4(f) of the aforesaid Act is in the nature of a saving clause, which protects the privileges, which the colleges affiliated to State University, would be entitled to, even after conversion of a State University to a Central University. He submits that Section 4(f) of the aforesaid Act does not help the case of petitioner. He further submits that, as per the provisions of the Uttar Pradesh State Universities Act, 1973, the Vice Chancellor of the State University is the competent authority to

grant approval, which has not been granted in the case of petitioner.

¶8Learned counsel for petitioner, however, relies upon the judgment passed by a Coordinate Bench of this Court in the case of Ravin dr a Ju gr an v. Un ion of I n dia & ot h er s, W r it Pet it ion ( PI L) No. 1 5 5 / 2 0 2 0 dated 16.11.2021, and submitted that in view of the judgment passed in the said Public I nterest Litigation, petitioners are entitled to salary from State Government.

¶9Without going into the merits of the claim staked by petitioners in these Writ Petitions, we think that ends of justice would be met, if these Writ Petitions are disposed of, with liberty to petitioners to approach Secretary, Higher Education by making a representation.

¶10Accordingly, these Writ Petitions are disposed of, with liberty to petitioners to approach the Secretary, Higher Education by making a representation.

¶11If petitioners make a representation to Secretary, Higher Education, along with all relevant documents, the concerned Secretary shall examine the matter, and take decision as per law, within ten weeks from the date of presentation of such representation, along with certified copy of this order.

¶12Pending application(s), if any, also stand disposed of.

( Pan k aj Pu r oh it , J.) ( Man oj Ku m ar Tiw ar i, A.C.J.) 2 4 .1 2 .2 0 2 4 2 4 .1 2 .2 0 2 4 Rahul

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=aa4fa3bee6691397758b14516ed3e66e61bf4c8487419 83ed8c39e4145cf1dab, postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45BF8A192FCAD15C390A 1AAD7B39857D2540AE4C28A4898, cn=RAHUL PRAJAPATI Date: 2024.12.26 13:19:38 +05'30'