MISBAH MOIN AND ANOTHER v. UNION OF INDIA AND 3 OTHERS
WRIA/15404/2025 · 2025-10-27
body2025
DailyLaw.ai
[ 2025 DAILYLAW 172350 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 172350 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15404 of 2025 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1.Heard Sri Nisheeth Yadav, learned counsel for the petitioner, Sri Abrar Ahmad and Sri Shashank Shekhar Singh, learned counsel for the respondents. 2. Petitioners, two in numbers have approached this Court that they were appointed on temporary basis on the post of General Tutor in the College of Nursing under the Aligarh Mullim University in the year 2023 and their temporary appointment was extended year to year till 2024-2025 and now their appointment on temporary basis is not being extended, whereas appointment on temporary basis of other similarly situated General Tutor were extended, therefore, they are before this Court. 3. Learned counsel for the petitioner submits that there is no material or any subsequent event which could justify aforesaid act of respondents. There is no complaint against the petitioners and they have discharged their duties diligently. 4. Per contra, learned counsel for the respondents by referring an Office Memo dated 8.8.2025 submits that two General Tutor Posts which were vacant in 2023 filled by Local Selection Committee held on 10.8.2023 on temporary basis, will be advertised for temporary appointment for one year after 30.6.2025. The advertisement will be done by the Dean F/o Medicine as per qualifications and procedure prescribed in the CRR-2023 and in such event, petitioners' candidature will be considered. He further submits that no mandamus can be issued to continue with temporary Versus Counsel for Petitioner(s) : Nisheeth Yadav Counsel for Respondent(s) : A.S.G.I., Abrar Ahmad, Shashank Shekhar Singh Misbah Moin And Another .....Petitioner(s) Union Of India And 3 Others .....Respondent(s)
appointment of petitioners on the post of General Tutor. 5. I have considered the above submissions and perused the records. 6. Admittedly, petitioners were appointed on temporary basis on the post of General Tutor for a period of one year and their appointments were extended year to year basis and after 2024-2025, same are not extended. 7. Temporary appointment is based on the need of the employer, therefore, this Court cannot pass an order of mandamus that petitioners' temporary appointment be extended.
However, as referred above, since respondents are likely to advertise a fresh advertisement for temporary appointment on the post of General Tutor in the College of Nursing, therefore, petitioners will be at liberty to apply as and when such advertisement is issued and their respective past experience be also taken note of. 8. It is also observed that Dean, Faculty of Medicine will take all endeavor to issue fresh advertisement in terms of Office Memo dated 8.8.2025 as early as possible. 9. This Writ Petition is accordingly, disposed of. October 28, 2025 SB WRIA No. 15404 of 2025 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad