Delhi High Court - Orders
Dr. Arati Pandey vs Gargi College And Anr on 16 March, 2026
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~72
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3116/2026, CM APPL. 15057/2026
DR. ARATI PANDEY .....Petitioner
Through: Mr. Colin Gonsalves, Senior
Advocate with Mr. Rajan Mani, Mr.
Jepi Chisho, Advocates.
versus
GARGI COLLEGE AND ANR. .....Respondents
Through: Ms. Beenashaw N. Soni, Ms. Mansi
Jain, Ms. Katyani Malhotra,
Advocates for Gargi College.
Mr. Mohinder Rupal, Mr. Hardik
Rupal, Ms. Aishwarya Malhotra, Ms.
Tripta Sharma, Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 16.03.2026 CM APPL. 15058/2026 (seeks interim relief)
1. The present petition under Articles 226 and 227 of the Constitution of India has been filed by the Petitioner, who is a visually impaired person with benchmark disability, seeking directions against Respondent No. 1, Gargi College, University of Delhi, inter alia for regularization of her services as Assistant Professor in the Department of Hindi. The Petitioner states that she has been continuously working in the said capacity since 2015 on successive ad-hoc appointment letters despite the work being of a perennial nature and the existence of a sanctioned post, and contends that her long and This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/03/2026 at 21:46:46 unblemished service entitles her to regularization in accordance with law.
2. By way of the present application, the Petitioner seeks the following interim reliefs:
"a. Pending disposal of this petition, should the petitioner still be in service, pass an order directing the respondents to maintain status quo with respect to the Petitioner's service and to not appoint any fresh recruit in any department in pursuance of the advertisement dated 3.7.2025. b. Should before this petition come to be heard by this Hon'ble Court, a fresh recruit is appointed in the post occupied by the Petitioner and her services comes to be terminated, for an order directing her immediate reinstatement with full back wages and continuity of service, either by creating a supernumerary post or by any other method.
c. Pending hearing and final disposal of this Petition, for an order staying the advertisement dated 3.7.2025 and restraining the respondents from making any appointment pursuant to the said advertisement.
d. Pending disposal of this petition, restrict the Respondent No. 1 from proceeding with the interview process being undertaken in pursuance of the advertisement dated 3.7.2025"
3. It is submitted that the Petitioner has been serving as Assistant Professor in the Department of Hindi since 2015 and is presently in her eleventh year of service. According to the Petitioner, she was initially appointed against a post earmarked for Persons with Disabilities (PwD) in the Hindi Department, which was subsequently de-reserved and converted into an EWS post.
4. It is further submitted that Respondent No. 1 has commenced the interview process pursuant to the advertisement dated 3 rd July, 2025 from 5th March, 2026, and that appointments made pursuant thereto may render the Petitioner's claim for regularization infructuous.
5. On this basis, it is prayed that the Respondents be restrained from proceeding with the recruitment process or from making any appointment pursuant to the said advertisement, and that status quo be maintained with respect to the Petitioner's service.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/03/2026 at 21:46:46
6. Counsel for Respondent No. 1 opposes the prayer for interim relief and submits that the Petitioner cannot claim any vested right to continue in service or to seek regularization against the post in question, particularly when she has been engaged on an ad-hoc basis. It is contended that the recruitment process pursuant to the advertisement dated 3 rd July, 2025 is being undertaken in accordance with the applicable rules and policy, and cannot be interdicted at this stage.
7. It is further submitted that the reservation for Persons with Disabilities (PwD) is applied in accordance with the roster system, and the post in the Hindi Department was not "de-reserved" as alleged; rather, as per the roster position, the PwD reservation now falls in the Psychology Department.
8. Having considered the submissions made at this stage and the material placed on record, this Court is not inclined to grant interim relief.
9. The application is dismissed.
W.P.(C) 3116/2026
10. Issue notice. Counsel for the Respondents mentioned above in the appearance accept notice.
11. Counter affidavit be filed within a period of six weeks from today. Rejoinder thereto, if any, be filed within a period of four weeks thereafter.
12. Re-notify on 10th August, 2026.
SANJEEV NARULA, J MARCH 16, 2026/ab This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/03/2026 at 21:46:46