Shalini Gupta vs State Of Uttarakhand And Others

Petitioner was appointed as Lecturer in a government aided Post Graduate College namely Municipal Post Graduate College, Mussoorie, Dehradun, in the year 1997. She was promoted as Associate Professor and then Professor under Career Advancement Scheme and presently, she is serving as Professor (Commerce) in the said College.

The post of Principal fell vacant in the said College on 30.11.2025 on account of resignation by the previous incumbent and charge of Principal was given to respondent No.5-Dr. Ramesh Pal Singh Chauhan. Respondent No.5 has proceeded on medical leave and presently, charge on the post of Principal is being held by Dr. Sunil Panwar.

Petitioner contends that she is the senior most Teacher serving in the College, therefore, she is entitled to hold the charge of the post of Principal. In support of this contention, petitioner relies upon a Seniority List alleged to be issued on 29.10.2025, in which, petitioner is placed at Serial No.3, while Dr. Ramesh Pal Singh Chauhan is placed at Serial No.4 and Dr. Sunil Panwar is placed at Serial No.5.

Perusal of the Seniority List further reveals that petitioner was given regular appointment on 15.03.1997, while respondent No.5-Dr. Ramesh Pal Singh Chauhan was given ad-hoc appointment on 01.12.1990, and thereafter, he was regularized on the post of Lecturer on 06.03.1998. Thus, learned senior counsel for petitioner submits that petitioner's claim could not have been ignored while giving charge as Officiating Principal and arrangement made by the Committee of Management vide order dated 30.11.2025 is unsustainable.

Learned counsel for respondent No.5 submits that the Seniority List issued on 29.10.2025 has been challenged by Dr. Ramesh Pal Singh Chauhan as well as by Dr. Sunil Panwar by filing an Appeal, which is still pending consideration before Vice Chancellor of the University.

Learned counsel for respondent No.3- University refers to a document contained as Annexure No.7 to the writ petition for contending that the Appeal filed against the Seniority List has been decided, however, the said document does not indicate that the Vice Chancellor has taken a decision on the pending Appeal and it only refers that the Vice Chancellor has perused the Seniority List dated 29.10.2025.

Para 18.14 of Part-II of the First Statutes of the University of Hemwati Nandan Bahuguna, Garhwal, 1978, provides for Appeal before the Vice Chancellor against seniority dispute.

Mere perusal of Seniority list by the Vice Chancellor is not sufficient and Vice Chancellor has to decide the Appeal one way or the other. Since, the Seniority List issued on 29.10.2025 has not attained finality as yet and it is subject to decision in the pending Appeal, therefore, the writ petition is disposed of, with a direction to Vice Chancellor of the University to decide the pending Appeal as per Law within three weeks' from date of production of certified copy of this order. Whosoever is declared to be senior by the Appellate Authority shall be handed over charge as Officiating Principal. For a period of three weeks or till decision is taken by Vice Chancellor, whichever is earlier, the present arrangement shall continue.

Pending application(s), if any, stands disposed of.