IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 2 of 2004 (S/S) Girish Chandra Pathak … Petitioner Versus Chancellor, Kumaun University, Nainital And Others. … Respondents Mr. Gopal Narain, Advocate, for the petitioner. Mr. B.D. Upadhyay, Advocate, for the respondents. Date of Judgment : 23.6.2011 Coram: Hon’ble Barin Ghosh, C.J. Hon’ble Servesh Kumar Gupta, J. BARIN GHOSH, C.J. (ORAL) The facts of this case are identical to the facts of the case dealt with by us in the Writ Petition No. 18 of 2007 (S/B), except that in this case, proceeding on the basis that the post, in which the petitioner was working, has been created by the State, the University, by the order dated 7.9.2000, purported to regularize the petitioner in the post thus created. While doing so, the University took note of the Government Order by which the post was purportedly created. A look at that order, as has been held by us in the said judgment, would amply make clear that the same was issued in discharge of the undertaking given by the State Government to the University Grants Commission to the effect that after five years, the cost of the research work will be borne by the State Government. 2. In the circumstances, the Government did not create any post, where the petitioner could be regularized. Furthermore, at no point of time, the 2 University acquired any authority, either from the legislature or from the administrators, to regularize a person, associated with a research project, in a post created with the University. That being the situation, the conclusion in the instant case would be identical, as concluded by us in the writ petition referred to above. The writ petition stands dismissed. (Servesh Kumar Gupta, J.) (Barin Ghosh, C.J.) 23.6.2011 23.6.2011 Prabodh