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Md Aurangzeb Alam & Ors vs Union Of India & Ors on 3 August, 2021

Author: Rajiv Shakdher

Bench: Rajiv Shakdher, Talwant Singh

                          $~11 (2021)
                          *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +       W.P.(C) 6634/2021
                                  MD AURANGZEB ALAM & ORS.                       ..... Petitioners
                                                 Through: Mr. Arvind Kumar Shukla with Ms.
                                                          Reetu Sharma, Mr. Amit Kumar, Ms.
                                                          Neena Shukla and Mr. Shantanu
                                                          Shukla, Advs.
                                                 versus
                                  UNION OF INDIA & ORS.                        ..... Respondents
                                                 Through: Mr. Jaswinder Singh, Adv.
                                  CORAM:
                                  HON'BLE MR. JUSTICE RAJIV SHAKDHER
                                  HON'BLE MR. JUSTICE TALWANT SINGH
                                           ORDER

% 03.08.2021 [Court hearing convened via video-conferencing on account of COVID-19] CM Appl. No.23803/2021

1. The prayer made in the captioned application is to grant exemption from filing sworn/affirmed/attested affidavits. The prayer made is allowed with the direction that the petitioners will file duly sworn/affirmed/attested affidavits, within three days of this Court resuming its normal and usual work pattern. Insofar as the prayer made in the application to grant exemption from filing certified copies of the annexures is concerned, the same is allowed subject to just exceptions.

1.1. The application is, accordingly, disposed of.

2. This is an application filed on behalf of the petitioners to bring on record two communications, issued by respondents during the pendency of the present petition. To be noted, respondents are, in effect, Navodaya W.P.(C) 6634/2021 1/4 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:06.08.2021 13:49:08 Vidyalaya Samiti (hereafter referred as „NVS‟) 2.1 These two communications are dated 28.07.2021 and 30.07.2021.

3. Mr. Jaswinder Singh, who appears on behalf of the respondents, says that the aforementioned documents can be taken on record, subject to just exceptions. It is ordered accordingly.

4. The application is disposed of in the aforesaid terms. CM Appl. No.23801/2021[Application filed on behalf of the petitioners seeking interim relief]

5. The grievance of the petitioners, which is articulated via the instant application, is that, the NVS has taken a U-turn from the position, which is reflected in the communication dated 28.07.2021. 5.1. According to Mr. Arvind Kumar Shukla, who appears on behalf of the petitioners, on 29.07.2021, when the matter had come up for hearing, it was noticed by the Court that, a communication dated 28.07.2021 had been issued by NVS.

5.2. As is evident from a bare perusal of the communication dated 28.07.2021, issued by the NVS, the engagement of the petitioners, as Faculty-cum-System Administrators (in short „FCSAs‟), was to continue till new incumbents are inducted.

5.3. Mr. Shukla says that, the aforesaid position was changed immediately, after the Court hearing held on 29.07.2021, via issuance of the communication dated 30.07.2021.

5.4 The communication dated 30.07.2021 states, in no uncertain terms, that the contracts of the FCSAs, would be terminated on 31.07.2021, as they were engaged purely on the need basis. The said communication goes on to W.P.(C) 6634/2021 2/4 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:06.08.2021 13:49:08 state that, further engagement of FCSAs would be made only after completion of the selection process.

5.5. The net effect is, that the communication dated 28.07.2021 has been withdrawn, as has been stated in so many words in the communication dated 30.07.2021.

6. Mr. Jaswinder Singh, who appears on advance notice on behalf of the respondents, informs us that the petitioners, in the instant case, who had applied qua subject post [in response to the advertisement dated 14.06.2021, as noticed on the previous date i.e., 29.07.2021], have been selected for reengagement by the NVS for various zones spread across the country. 6.1. Mr. Singh says that, except for petitioner nos. 2 and 7, all other petitioners have been allocated the Lucknow zone. Insofar as petitioner no.2 is concerned, he has been selected for Pune zone while petitioner no.7 has been selected for Patna zone.

6.2. On being queried, as regards the aforementioned allocation of zones vis-a-vis petitioner nos. 2 and 7, Mr. Singh says that, although, petitioner nos. 2 and 7 were working in the Lucknow zone, they may have been given the aforesaid zones, as they may have applied to be allocated to the said zones. This is an aspect qua which Mr. Singh will file an affidavit accompanied by the applications made by petitioner nos. 2 and 7.

7. Accordingly, issue notice. Mr. Jaswinder Singh accepts notice on behalf of the respondents.

7.1. Mr. Singh will file an affidavit-in-reply, which will be accompanied by the applications filed by the petitioner nos.2 and 7 as well.

8. List the application on the date already fixed in the main matter i.e. 18.10.2021.

RAJIV SHAKDHER, J TALWANT SINGH, J AUGUST 3, 2021/pmc Click here to check corrigendum, if any W.P.(C) 6634/2021 4/4 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:06.08.2021 13:49:08