PARAMJIT KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) Present writ petition under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature of mandamus directing respondent No.2 not to replace the petitioners, temporary hands, with other temporary hands, i.e., respondents no. 3 to 8.

(2.) Facts relevant for the purpose of decision of this writ petition; that respondent No. 2, Dr. B.R. Ambedkar National Institute of Technology is an autonomous body and is affiliated to Ministry of Human Resource Development, Department of Higher Education, Government of India, respondent No.1 herein. Respondent No.2 had advertised various posts including the posts of Staff Nurses and the petitioners being fully qualified as per the requisite qualifications prescribed in the advertisement, appeared in the Walk-in-Interview and they were appointed as Staff Nurses on contract basis as temporary employees. They continued to serve the respondent-Management for different periods with notional breaks as well. As per the petitioners, their services with respondent No.2 were on contract/temporary basis though there was regular work available with respondent No.2 but they had adopted a noble device to appoint the employees on temporary basis for three months, six months, nine months or a year.

(3.) Thereafter, respondent No.2 issued advertisement No. 7/2016 (Annexure P/37) for appointment of Staff Nurses alongwith other posts and a corrigendum to the advertisement, Annexure P/37 was issued and the age limit for appointment of Staff Nurses was laid down to be below 27 years. The petitioners appeared before respondent No.2 for walk-in-interview on 11.07.2016, but respondent No.2 did not allow the petitioners to be interviewed on the ground that their age was not below 27 years. The petitioners were in service till 30.07.2016 and respondent Nos. 3 to 8 were shown to have been selected.