AMIT AGARWAL vs STATE OF UTTARAKHAND

UKHC010190842026

2026:UHC:9820-DB
Office Notes,
reports, orders or
proceedings or
directions and
Registrar’s order
with Signatures
SL.
Date
No
COURT’S OR JUDGES’S ORDERS
29.10.2026

WPSB/686/2026
Dr. Amit Agarwal --Petitioner
Versus

State of Uttarakhand & others --Respondents

Hon’ble Manoj Kumar Tiwari, A. C. J.
Hon’ble Subhash Upadhyay, J.

( Per: Hon’ble Manoj Kumar Tiwari, A.C.J. )

1. Mr. Nagesh Aggarwal, learned counsel for
the petitioner.
2. Mr. Ranjan Ghildiyal, learned Standing
Counsel for the State of Uttarakhand/respondent
no.1.
3. Mr. Prashant Shukla (through V.C.) and Mr.
Bhupesh Kandpal, learned counsel for respondent
nos.2 and 3.
4. Mr. Yogesh Kumar Pacholia, learned counsel
for respondent no.4.
5. Petitioner was appointed as Director
Government Institute of Technology, Gopeshwar
on contract for a term of three years pursuant to
an advertisement issued by Uttarakhand Technical
University in the year 2018. His term was,
however, extended for two more years. Before he
could complete five years’ tenure, he was re-
appointed as Director, of the same Institute vide
order dated 25.10.2023.

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6. Petitioner’s term as Director is now coming
to an end. Uttarakhand Technical University has
invited applications for fresh appointment as
Director, by an advertisement issued on
10.07.2026.
7. Petitioner has challenged said advertisement
by contending that, as per AICTE Regulations,
Director of an Engineering College has to be
appointed for a term of five years.
8. We are not impressed by the said contention.
Since petitioner not only applied pursuant to the
advertisement issued by University in 2018 in
which term of Director was mentioned as 3 years
but he also accepted appointment as Director for
a term of three years without raising a demur,
therefore, he cannot now contend that term of the
Director can not be less than five years. Even
otherwise also, as per the regulations framed by
the University, Director has to be appointed for a
term of three years.
9. Learned counsel for the petitioner refers to
the following clause of the University Regulation
for contending that AICTE regulations have been
incorporated by the University:
“ Qualifications and experience: -
The qualification and experience for the post shall be
as per AICTE regulation notified on dated 01 March,
2019 (as amended from time to time by AICTE).

Qualifications:

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a) Ph.D degree and First Class or equivalent at
either Bachelor's or Master's level in the relevant
branch;

b) At least two successful Ph.D guided as
supervisor/Co-Supervisor and minimum 8 research
publications in SCI Journals/UGC/AICTE approved
list of journals;

c) Minimum 15 years of experience in
teaching/research/industry, out of which at least 3
years shall be at the post, equivalent to that of
Professor.

In case of research experience, good academic
record and books/research paper
publication/IPR/Patent record shall be required as
deemed fit by the expert members of the Selection
Committee. If the experience in Industry is
considered, the same shall be at managerial level
equivalent to Professor level with active participation
record in devising /designing, developing, planning,
executing, analyzing, quality control, innovating,
training, technical books/research paper
publications/IPR patents etc. as deemed fit by the
expert members of the Selection Committee. Flair
for Management and leadership is essential.”

10. The above quoted regulation framed by the
University does not help the case of the petitioner
as it merely provides that the qualification and
experience for the post of Director shall be as per
AICTE regulation. It does not talk about term of
the Director.
11. The Gazette Notification dated 17.12.2018 is
placed on record as Annexure-12 to the writ
petition, whereby the first regulation of the
Uttarakhand Technical University was notified. As
per Clause 4.04(4) of the said regulation, term of

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the Campus Director / Principal shall be three
years or date of superannuation, whichever is
earlier.
12. In the general recruitment rules for the post
of Director in campus institutions of the
Uttarakhand Technical University also, it is
mentioned in first paragraph that the Director has
to be appointed with approval of the State
Government ‘for a period of three years’.
13. Thus, we do not find any scope for
interference with the advertisement issued by the
University on 10.07.2026.
14. Learned counsel for the petitioner then
submits that petitioner has made a representation
to the competent authority for extending his term.
15. We, therefore, dispose of the writ petition
with a direction to the competent authority to
consider petitioner’s request, as made in his
representation and pass appropriate order, as per
law within three weeks from the date of receipt of
a certified copy of this order.
16. Petitioner shall be at liberty to file fresh
petition seeking permission to participate in the
ongoing selection process.


(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, A.C.J.)
29.10.2026 29.10.2026

SS/PP