IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/B) No.244 of 2011 Dr. Mahendra Rana S/o Dr. N.S. Rana, R/o Vivekanand Kutir, Alvany Villa Compound, Tallital, Nainital, District Nainital. ………….. Petitioner Versus 1. State of Uttarakhand through Principal Secretary, Higher Education, Government of Uttarakhand, Secretariat, Dehradun. 2. Chancellor, Kumaon University, Raj Bhawan, Uttarakhand, Dehradun. 3. Kumaun University, Nainital through its Registrar, Kumaun University, Sleepy Hollow, Mallital, Nainital. 4. Dr. Sangeeta Pilkhwal Sah W/o Mukesh Lal Sah, Presently posted as Associate Professor (Pharmacology), Devsthali Vidyapeeth College of Pharmacy, Kachchi Khamria, Lalpur, Kichcha Road, Rudrapur, U.S. Nagar. .…...……. Respondents Present: Mr. D.S. Patni, Advocate for the petitioner. Mr. Vinay Kumar, Standing Counsel for the State/respondent Nos.1 & 2. Mr. B.D. Upadhyay, Advocate for respondent No.3. Mr. Manoj Tiwari, Senior Advocate assisted by Mr. Sandeep Adhikari, Advocate for respondent No.4. Coram : Hon’ble Barin Ghosh, Chief Justice Hon’ble V.K. Bist, Judge Date: 1st September, 2011 JUDGMENT Barin Ghosh, C. J. (Oral) From the facts stated in the petition it appears that a representation made by respondent No.4 was accepted by respondent No.2 and, accordingly, respondent No.3 was directed to cancel its decision, by which the petitioner was appointed as Assistant Professor (Pharmacy) of respondent No.3. There is also no dispute, atleast none of the respondents are disputing, that while considering the representation of respondent No.4 and taking a 2 decision thereon, respondent No.2 did not give any notice to the petitioner or an opportunity of hearing. 2. It is settled law that no one can affect civil right of a citizen without giving him an opportunity of hearing. In the circumstances, the decision of respondent No.2 impugned in the petition is set aside. The representation of respondent No.4 is remitted back to respondent No.2 for consideration which, as aforesaid, must be made only after giving an opportunity of hearing to the petitioner. 3. This disposes of the writ petition. (V.K. Bist, J.) ( Barin Ghosh, C.J.) 01.09.2011 01.09.011 P. Singh