LAWS(ALL)-2019-4-25

SHAHRUKH HUSAIN Vs. ALIGARH MUSLIM UNIVERSITY

Decided On April 08, 2019
Shahrukh Husain Appellant
V/S
ALIGARH MUSLIM UNIVERSITY Respondents

JUDGEMENT

(1.) Heard counsel for the petitioner and Sri Shashank Shekar Singh, counsel for the the respondent-University.

(2.) With their consent, the instant writ petition is being disposed of finally without inviting a formal counter affidavit.

(3.) The petitioner has called in question an office memo dated 9.8.2018 issued under signature of Assistant Registrar, (Administration -NT), Aligarh Muslim University, Aligarh notifying the termination of services of the petitioner from the post of temporary, Lower Division Clerk (Admn.), MAS. The office memo recites that the matter was submitted to the Vice- Chancellor, who after due consideration, and in the light of Rule under Chapter XL Ordinances (Executive) Relating to Regulations Governing the Terms and Conditions of service of Non Teaching employee, Chapter II (General) Section II, Clause 14(1)(b), has ordered that 'temporary services of Mr. Shahrukh Husain be terminated'. The petitioner has also challenged the order passed by Executive Council in its meeting held on 19.1.2019, whereby the appeal filed by him has been rejected. The Executive Council, while upholding the order dated 9.8.2018 has also observed that the appointment of the petitioner was made on temporary basis and he had failed to submit his physical fitness certificate.