Dr Ved Bhushan Sharma v. State of Uttarakhand

2026:UHC:4678-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGE'S ORDERS

WPSB/248/2023 Hon'ble Manoj Kumar Tiwari, J. Hon'ble Pankaj Purohit, J.

Mr. Pradeep Kumar Chauhan, Advocate for the petitioner.

¶2Mr. S.S. Chaudhary, Standing Counsel for the State of Uttarakhand/respondent nos. 1 & 2.

¶3Ms. Ananya Jain, Advocate, holding brief of Mr. Sandeep Kothari, Advocate for respondent no. 3.

¶4Petitioner was appointed as Medical Officer, Ayurved in Department of Ayurvedic and Unani Services in the year 2013. He was transferred to Rishikul Government Ahyurvedic College, Haridwar against a teaching post, vide order dated 17.10.2013.

¶5According to petitioner, he is serving against a teaching post in the said college ever since then. The said college was later converted to a constituent college of Uttarakhand Ayurved University, and options were also called from Government servants serving in the said college and petitioner exercised option for absorption of his service in the Uttarakhand Ayurved University.

¶6Petitioner is aggrieved by order dated 10.06.2023, passed by Director Ayurvedic and Unani Services, Dehradun, whereby he was transferred back to his parent department i.e. Department of Ayurvedic and Unani Services.

¶7Co-ordinate Bench passed interim order in favour of petitioner on 19.06.2023, on the strength of which, petitioner is still serving in Uttarakhand Ayurved University against a teaching post.

¶8Learned counsel for petitioner submits that since petitioner has exercised option for absorption of his services in the University and Government Order dated

2026:UHC:4678-DB

03.10.2015 also provides for absorption of Government employees in the services of the University, therefore, petitioner has right of absorption against a teaching post in Uttarakhand Ayurved University. He also relies upon another Government Order dated 23.03.2021, which also contemplates absorption of Government employees in the service of the University.

¶9Learned counsel for petitioner submits that in view of Government Orders issued from time to time, petitioner has a right of absorption, therefore, a direction deserves to be issued to the Competent Authority to absorb petitioner in the service of University against post of Assistant Professor.

¶10Learned State Counsel, however, submits that petitioner does not have any vested right of absorption and it is for the Competent Authority to examine whether petitioner meets the eligibility conditions and is suitable for absorption in the service of the University. He thus submits that the writ petition can be disposed of by permitting petitioner to approach the competent authority with his prayer for absorption and the Competent Authority will examine the matter and pass appropriate order.

¶11Ms. Ananya Jain, learned counsel appearing for the University also submits that if petitioner makes representation, the Vice Chancellor shall examine his claim, sympathetically.

¶12The writ petition is, accordingly, disposed of by permitting petitioner to make representation to the Vice Chancellor, Uttarakhand Ayurved University. If he makes representation for absorption within one week, decision thereupon shall be taken as per law, within five weeks thereafter. For a period of six weeks or till decision is taken on petitioner's representation, whichever is earlier, status quo as regards petitioner's posting shall be maintained.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.)

11.06.2026 Navin

NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a13 1bb4e4403d3ctia15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D 653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.06.12 11:23:03 +05'30'