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2021 Supreme(SC) 474

UDAY UMESH LALIT, AJAY RASTOGI
Somesh Thapliyal – Appellant
Versus
Vice Chancellor, H. N. B. Garhwal University – Respondent


Advocates appeared:
For the Appellant(s) :Neeraj Kishan Kaul, Vibha Dutta Makhija, Amit Kumar, Rajesh Pathak, Pankaj Purohit, Sumit Kumar, Toshiv Goyal, Prabodha Kumar Agrawal, Anil Bhatt, Advocates
For the Respondent(s):Ashwani Kumar Dubey, Pankaj Dubey, Sanjeev Kumar Balian, Sandeep Mishra, Manish Kumar, Saurabh Mishra, Rudra Vikram Singh, Chandra Shekhar Mishra, Advocates

JUDGMENT :

Rastogi, J.

1. The present batch of appeals have been filed by the teachers(Associate Professor/Assistant Professor) who were substantively appointed after going through the process of selection provided under the Uttar Pradesh State Universities Act, 1973(hereinafter being referred to as the “Act 1973”) between the year 2004-2007 and after serving for more than 15-17 years, they are under fear as to whether their right of continuation in service could still be retained in the light of the judgment and order passed by the Division Bench of the High Court of Uttarakhand dated 19th August, 2013 which is impugned in the instant appeals.

2. In order to decide the controversy raised in the instant batch of appeals, it may be apposite to take note of the seminal facts relevant for our consideration.

3. The dispute relates to the appointment of teachers in the Department of Pharmaceutical Sciences which was a constituent teaching department at one stage under the self-financing scheme of HNB Garhwal University. At the time of appointment of the appellants, University was a State University governed by the Act 1973 established under Section 4(1) of the Act. On 15th January, 2009, th

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