HARI KRISHAN SEMWAL vs STATE OF UTTARAKHAND
- Court
- Uttarakhand High Court
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HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE ACTING CHIEF JUSTICE MR. MANOJ KUMAR TIWARI
AND
THE HON’BLE JUSTICE MR. SUBHASH UPADHYAY
October 26, 2026
Writ Petition (S/B) No.138 of 2022
Hari Krishan Semwal & Others ----Petitioners
Versus
State of Uttarakhand & Others ----Respondents
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Presence:-
Mr. M.C. Pant, learned counsel for the petitioners.
Mr. J.C. Pandey, learned Standing Counsel for the State.
Mr. C.D. Bahuguna, learned Senior Counsel assisted by Mr. C.S. Dalakoti, learned
counsel for the applicant in Intervention Application (IA No.5/2025).
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The Court made the following:
JUDGMENT: (per Hon’ble Justice Sri Manoj Kumar Tiwari, A.C.J.)
1. By means of this writ petition, petitioners have
sought the following reliefs:-
“(i) Issue a writ, order or direction in nature of mandamus
directing the respondents to consider the case of the petitioners
for regularisation with all consequential benefits pursuant to the
regularisation rules 2011 keeping in view their continuous and 25
years long service as Lecturer in Government Degree Colleges of
the respondent no.3 after calling the entire record from the
respondents before making any appointment on the posts
occupied by the petitioners from the open market or in alternate
pass any appropriate orders keeping in view of the facts
highlighted in the body of the petition or mould the relief
appropriately.
(ii) Issue order or direction in the nature of mandamus to direct
the respondents to allow the benefit of regular pay and other
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benefits at par to the regular employees keeping in view the fact
highlighted in the body of the petition.”
2. According to petitioners, they were appointed as
part-time teacher in erstwhile HNB Garhwal University
established under U.P. State Universities Act, 1973, and upon
its conversion as Central University in the year 2009, they
continued to serve in the campus colleges of HNB Garhwal
Central University. Our attention is drawn to order dated
11.05.2017 issued by Director, Higher Education,
Uttarakhand, which provides for adjustment of petitioners in
government degree/post graduate colleges as contract
teacher. Petitioners submit that they were adjusted in
different government colleges within Uttarakhand against
available vacancies and they are thereafter discharging duties
as Assistant Professor.
3. Learned counsel for the petitioners submits that all
the petitioners were appointed in HNB Garhwal State
University in the year 1997 and they have completed about
29 years of uninterrupted service as teacher. It is, thus,
contended that after serving for about 29 years to the
satisfaction of concerned authorities, petitioners have earned
a right to be considered for regularization. Reliance is placed
upon Regularisation Rules framed by Uttarakhand
Government in 2011, as amended from time to time.
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Reliance is also placed upon a judgment rendered by Hon’ble
Supreme Court in the case of Sukhendu Bhattacharjee vs.
State of Assam, Civil Appeal No(s). 4514 of 2025 .
4. Learned State Counsel, per contra, submits that
University teachers are not governed by Service Rules framed
under Proviso to Article 309 of the Constitution and they are
governed by Uttarakhand State Universities Act, 1973. He
further submits that Section 31 of the said Act lays down the
mode of appointment of teachers of the University and
Section 31 (3)(c) of the Act provides for regularization of
part-time / ad-hoc teachers. He further submits that upon
conversion of HNB Garhwal University as Central University
w.e.f. 2009, petitioners served in the campus college of the
Central University between 2009 to 2017. He further submits
that adjustment of the petitioners was made in government
colleges with certain conditions set out in the adjustment
order and thus submits that petitioners are not eligible for
regularization against teaching posts in government post
graduate colleges.
5. If what is contended by learned counsel for the
petitioners is correct and petitioners are serving as teachers
in government degree/post graduate colleges and campus
colleges of the University for last nearly 29 years, then it
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creates a legitimate expectation that their claim for
regularization shall be considered as per law.
6. Learned counsel for the petitioners submits that as
the State Government has framed Rules for regularization of
ad-hoc, part-time and contract employees, therefore, case of
the petitioners is required to be considered under the said
Rules.
7. Reportedly, petitioners were adjusted in
Government Degree/PG Colleges by State Government
against available vacancies, therefore, the claim staked by
petitioners for regularization, cannot be cursorily brushed
aside. It requires examination by the Competent Authority.
8. Having regard to the facts and circumstances of the
case, writ petition is disposed of with a direction to Secretary,
Higher Education to examine the claim of petitioners and
decide whether petitioners are eligible to be considered for
regularization under the Regularization Rules framed in 2011,
as amended from time to time. If the Secretary, Higher
Education finds that petitioners’ case is covered by the said
Rules, then he shall have their claim placed before the
Regularization Committee, which shall be constituted within
four weeks from the date a decision on the question of their
eligibility is taken. The Regularization Committee shall
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thereafter examine the claim of petitioners as per the scheme
of Regularization Rules and pass appropriate order as per law
within six weeks thereafter. This Court hopes and expects
that this entire exercise shall be completed within four
months. Till final order is passed by the Competent Authority,
status quo as regards service of the petitioners shall be
maintained.
_______________________________
MANOJ KUMAR TIWARI, A.C.J.
____________________________
SUBHASH UPADHYAY, J.
Dt: 26.10.2026
Rajni/KK
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