Hemvati Nandan Bahuguna Garhwal University v. Chandra Prakash Gaur

A HI GH COURT OF UTTARAKHAND AT NAI NI TAL HON'BLE THE CHI EF JUSTI CE MR. G. NARENDAR AND HON'BLE SRI JUSTI CE SUBHASH UPADHYAY

TH13 OCTOBER, 2025 SPECI AL APPEAL NO. 235 OF 2025( 1) Hemvati Nandan Bahuguna Garhwal University ...Appellant Versus Anju Khanduri and another ..Respondents SPECI AL APPEAL NO. 236 OF 2025( 2) Hemvati Nandan Bahuguna Garhwal University ...Appellant Versus Manohar and others ..Respondents SPECI AL APPEAL NO. 240 OF 2025( 3) Hemvati Nandan Bahuguna Garhwal University ...Appellant Versus Jitendra Singh and another. ..Respondents SPECI AL APPEAL NO. 241 OF 2025( 4) Hemvati Nandan Bahuguna Garhwal University ...Appellant Versus Bhagat Singh ..Respondent SPECI AL APPEAL NO. 242 OF 2025( 5) Hemvati Nandan Bahuguna Garhwal University ...Appellant Versus Sanjay Kumar and others. ..Respondents SPECI AL APPEAL NO. 243 OF 2025( 6) Hemvati Nandan Bahuguna Garhwal University ...Appellant Versus Chandra Prakash Gaur ..Respondent SPECI AL APPEAL NO. 244 OF 2025( 7) Hemvati Nandan Bahuguna Garhwal University ...Appellant Versus Deepak Kumar ..Respondent SPECI AL APPEAL NO. 245 OF 2025( 8) Hemvati Nandan Bahuguna Garhwal University ...Appellant Versus Hukum Singh ..Respondent SPECI AL APPEAL NO. 246 OF 2025( 9) Hemvati Nandan Bahuguna Garhwal University ...Appellant Versus Neelam Negi ..Respondent SPECI AL APPEAL NO. 247 OF 2025( 10) Hemvati Nandan Bahuguna Garhwal University ...Appellant Versus Pratap Singh and another ..Respondents SPECI AL APPEAL NO. 248 OF 2025( 11) Hemvati Nandan Bahuguna Garhwal University ...Appellant

Ver su s Dhoom Singh Negi

….Respondent SPECI AL APPEAL NO. 2 4 9 OF 2 0 2 5 ( 1 2 ) Hemvati Nandan Bahuguna Garhwal University ...Appellant Ver su s Rajendra Singh Rawat and others

..Respondents SPECI AL APPEAL NO. 2 5 0 OF 2 0 2 5 ( 1 3 ) Hemvati Nandan Bahuguna Garhwal University ...Appellant Ver su s Vijay Laxmi

..Respondent SPECI AL APPEAL NO. 2 5 1 OF 2 0 2 5 ( 1 4 ) Hemvati Nandan Bahuguna Garhwal University ...Appellant Ver su s Kundan Singh and others

..Respondents SPECI AL APPEAL NO. 2 5 2 OF 2 0 2 5 ( 1 5 ) Hemvati Nandan Bahuguna Garhwal University ...Appellant Ver su s Devendra Singh and others.

..Respondents SPECI AL APPEAL NO. 2 5 3 OF 2 0 2 5 ( 1 6 ) Hemvati Nandan Bahuguna Garhwal University ...Appellant Ver su s Ram Chander and others

..Respondents SPECI AL APPEAL NO. 2 5 4 OF 2 0 2 5 ( 1 7 ) Hemvati Nandan Bahuguna Garhwal University ...Appellant Ver su s Ravindra Singh

..Respondent SPECI AL APPEAL NO. 2 5 5 OF 2 0 2 5 ( 1 8 ) Hemvati Nandan Bahuguna Garhwal University ...Appellant Ver su s Pramod Kumar and others

..Respondents SPECI AL APPEAL NO. 2 5 6 OF 2 0 2 5 ( 1 9 ) Hemvati Nandan Bahuguna Garhwal University ...Appellant Ver su s Sudesh Kumar

..Respondent SPECI AL APPEAL NO. 2 5 7 OF 2 0 2 5 ( 2 0 ) Hemvati Nandan Bahuguna Garhwal University ...Appellant Ver su s Munish Kumar

..Respondent SPECI AL APPEAL NO. 2 5 8 OF 2 0 2 5 ( 2 1 ) Hemvati Nandan Bahuguna Garhwal University ...Appellant Ver su s Beeru Lal and others

..Respondents SPECI AL APPEAL NO. 2 5 9 OF 2 0 2 5 ( 2 2 ) Hemvati Nandan Bahuguna Garhwal University ...Appellant Ver su s Jaidev Singh

..Respondent SPECI AL APPEAL NO. 2 6 0 OF 2 0 2 5 ( 2 3 ) Hemvati Nandan Bahuguna Garhwal University ...Appellant

Ver su s Nagendra Singh Kalura

..Respondent SPECI AL APPEAL NO. 2 6 7 OF 2 0 2 5 ( 2 4 ) Hemvati Nandan Bahuguna Garhwal University ...Appellant Ver su s Suresh Kumar

..Respondent SPECI AL APPEAL NO. 2 6 8 OF 2 0 2 5 ( 2 5 ) Hemvati Nandan Bahuguna Garhwal University ...Appellant Ver su s Sandhya Rani and others

..Respondents SPECI AL APPEAL NO. 2 6 9 OF 2 0 2 5 ( 2 6 ) Hemvati Nandan Bahuguna Garhwal University ...Appellant Ver su s Mamta Devi

..Respondent SPECI AL APPEAL NO. 2 7 0 OF 2 0 2 5 ( 2 7 ) Hemvati Nandan Bahuguna Garhwal University ...Appellant Ver su s Kuldeep Bhatt

..Respondent SPECI AL APPEAL NO. 2 7 2 OF 2 0 2 5 ( 2 8 ) Hemvati Nandan Bahuguna Garhwal University ...Appellants Ver su s Seeta Ram and others

..Respondents SPECI AL APPEAL NO. 2 7 3 OF 2 0 2 5 ( 2 9 ) Hemvati Nandan Bahuguna Garhwal University ...Appellant Ver su s Ashok Kumar

..Respondent SPECI AL APPEAL NO. 2 7 4 OF 2 0 2 5 ( 3 0 ) Hemvati Nandan Bahuguna Garhwal University ...Appellants Ver su s Anil Kumar

..Respondent SPECI AL APPEAL NO. 2 7 5 OF 2 0 2 5 ( 3 1 ) Hemvati Nandan Bahuguna Garhwal University ...Appellant Ver su s Dilwar Singh Negi and others.

..Respondents SPECI AL APPEAL NO. 2 7 7 OF 2 0 2 5 ( 3 2 ) Hemvati Nandan Bahuguna Garhwal University ...Appellant Ver su s Vijay Singh

..Respondent SPECI AL APPEAL NO. 2 7 8 OF 2 0 2 5 ( 3 3 ) Hemvati Nandan Bahuguna Garhwal University ...Appellant Ver su s Vijay Kumar and others

..Respondents SPECI AL APPEAL NO. 2 7 9 OF 2 0 2 5 ( 3 4 ) Hemvati Nandan Bahuguna Garhwal University ...Appellant Ver su s Tara Devi

..Respondent SPECI AL APPEAL NO. 2 8 0 OF 2 0 2 5 ( 3 5 ) Hemvati Nandan Bahuguna Garhwal University ...Appellant

Ver su s Manik Lal and others

..Respondents SPECI AL APPEAL NO. 2 8 1 OF 2 0 2 5 ( 3 6 ) Hemvati Nandan Bahuguna Garhwal University ...Appellant Ver su s Ramu Singh

..Respondent & SPECI AL APPEAL NO. 2 8 2 OF 2 0 2 5 ( 3 7 ) Hemvati Nandan Bahuguna Garhwal University ...Appellant Ver su s Manoj Singh Rawat

..Respondent

Counsel for the appellant

: Dr. Kartikey Hari Gupta, Mr. Rafat Munir Ali and Ms. Irum Zeba, learned counsel. Counsel for the respondents : Mr. Vinod Nautiyal, Mr. M.C. Pant, Mr. Ashutosh Posti, Mr. Sandeep Kothari, Mr. C.K. Sharma, Ms. Neelam Godiyal, Mr. Shivanand Bhatt, Mr. G.D. Joshi, Mr. Shubhang Dobhal, learned counsel for private respondents. Ms. Anjali Bhargawa, learned counsel for UGC.

JUDGMENT :(per Mr . G. Nar en dar , C.J.)

Heard learned counsel for the appellant-University and learned counsel for the respondents.

2.

The appellant-University is before this Court being aggrieved by the order passed by the learned Single Judge, whereby the learned Single Judge has been pleased to allow the writ petitions praying for regularization of their employment in Hemwati Nandan Bahuguna Garhwal University (Central), Srinagar Garhwal (hereinafter referred to as the 'University') by following the order dated

20.03.2018 passed by the Coordinate Bench in WPSS No. 425 of 2014 'Kumesh Kumar and others vs. H.N.B. Garhwal University, Central University, Srinagar and others'. The

learned Single Judge has been pleased to hold in Paragraph-5 as under: - "5. Learned counsel for the respondent(s)/ the University would admits that the similar controversy had already been decided by this Court in WPSS No.425 of 2014, Kumesh Kumar and others Vs. H.N. B. Garhwal University, Central University, Srinagar and others; and in WPSS No.44 of 2024, Ramkishan Pandey and others vs. Hemwati Nandan Bahuguna Central University and another. He would submit that the cases of the petitioners shall be considered for regularization on the respective posts, which are still vacant."

3.

On the previous date, we had called the counsel for the appellant-University to place material, which formed the basis for the concession by the learned counsel.

4.

Today, the learned counsel for the appellant-employer has placed before the Court the Minutes of meetings of the Committee constituted by the University for regularization of daily-wage earners into regular appointments. The Minutes of the Meeting dated 24.04.2025 and the list, annexed to the Minutes of the Meeting containing the names of 148 persons and the vacancies in Group-C, etc. are placed before the Court.

5.

It is the case of the appellant that the order of the learned Single Judge was forwarded to the Ministry as the University is under the control of the Union Government being the Central University, and the Ministry has taken

offense to the concession made before this Court and has questioned the rationale.

6.

We have perused the Minutes and we find that there is absolutely no discussion of the individual cases, much less even bare merits of each case.

7.

The right to regularization (which undisputedly is a back-door entry) is not a vested right. Apparently, courts have been liberal in directing regularisation based on facts, particulars and merits of each claim.

8.

In the instant case, there is no discussion about the merits or the de-merits of the claims of each of the petitioners. The concession by the Committee, in our considered opinion, does not reflect application of mind, nor is there any foundational facts, which would otherwise enable any prudent individual to concur with the recommendations. Apparently, the counsel representing the appellant, in the light of the report of the Committee, has been large hearted enough to convey the decision of his client to this Hon'ble Court and, on the basis of which, the order of the learned Single Judge came to be passed.

9.

There can be no dispute, nor can we venture to find any error in the order, but we are constrained to interfere on the short ground that an omnibus order, in

respect of and in the name of regularization would not stand the test of law. It is indisputable and it is trite law that the claim of regularization is dependent on the merit of the claim, like eligibility of the candidate appointed to a post, whether the appointment was against a vacant post, and if not, whether the appointment is against a non-sanctioned post, but the nature of work has become an integral part of the administrative / management process etc., and so on.

¶10In that view, we have suggested to the parties as to whether the exercise can be re-done in the light of the above discussions, to which learned counsels on both sides have readily consented. The consent of the learned counsels is placed on record.

¶11The instant Special Appeals are disposed of by modifying the order of the learned Single Judge. The petitioners / the private respondents shall submit individual representations detailing therein: -

(1) their date of birth;

(2) their qualifications;

(3) the date of their entering into service;

(4) the post held by them;

(a) whether the post is a sanctioned post,

(b) whether the appointment is against a vacant post. That apart, in respect of appointment against non sanctioned post, the appellant-employer shall apply its mind and conclude as to whether the post held by the individual is or has become an integral part of the administrative / management process. In the event, the posts, or the duties and responsibilities attached to the posts, are ad hoc in nature and not permanent in nature, the appellant-employer shall conclude as to whether the petitioner / employee has worked for a sufficiently long period of time. If that be so, the appellant-employer shall consider creating supernumerary posts till such of those petitioners / employees demit office. The appellant-employer shall look into the law laid down by the Hon'ble Apex Court in Dh ar am Sin gh an d ot h er s vs. St at e of U.P. and an ot h er reported in 2 02 5 SCC On Lin e SC 1 7 35 while carrying out the above exercise.

¶12It is made clear that if any of the similarly situated persons have been regularized, the regularization shall be re-visited in the above terms, and the seniority shall be

assigned after the completion of the present exercise.

¶13We deem it necessary to order so as it would otherwise lead to multiple rounds of litigations again with regard to seniority, qualifying service, promotions etc.

¶14The above exercise shall be completed within a period of six months from the date of the petitioners submitting their individual representations.

¶15Pending application, if any, also stands disposed of accordingly.

¶16The original record be returned to the counsel representing the appellant-University.

_ _ _ _ _ _ __ _ _ G. NARENDAR, C.J.

_ _ _ _ _ _ __ _ _ _

SUBHASH UPADHYAY, J. Dt: 13th October, 2025 Rathour PRAVINDRA SINGH RATHOUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=23699ccc2fd40ad81b6fd13323779d9e3aeb109 7d17dbb53d481cabd25946eed, postalCode=263001, st=UTTARAKHAND, serialNumber=1F65499E931DF71CDAF92A40CC6179B8 E010331BA695239171F906FD5C45C4E8, cn=PRAVINDRA SINGH RATHOUR Date: 2025.12.15 11:28:15 +05'30'