Ashwani Kumar Mishra, J. - (1.) These writ petitions raise common questions of law and fact and have been heard together and, therefore, are being disposed of by this common order. Writ Petition No. 27162 of 2018 is taken as the lead case. Fifteen petitioners have joined together in the lead case while challenging an advertisement issued by the University of Allahabad proposing to outsource various job work/ task on contract basis, through deployment of manpower and supervision of work spot in the University of Allahabad. The notice inviting tender as also its conditions are contained in Annexure-1 and are assailed.
(2.) According to the petitioners various substantive vacancies came into existence in different offices of the University of Allahabad in the year 2010. The Deputy Registrar ( Examination) submitted a note to the examination controller for permitting engagement to be made against such vacancies. It is alleged that through a series of Inter Departmental Communications the petitioners were engaged and they have been continuing as such in the office of the controller of examination for the last about 7-8 years. It is alleged that vacancies subsists and therefore, there exists no justification for the University to outsource work and thereby interfere with their functioning.
(3.) Petitioners have also sought parity with an order passed by this Court on 15.5.2018, in Writ Petition No.7489 of 2018 (Krishna Kumar Dubey and 11 others Vs. Union of India and 4 others) which is extracted hereinafter:- "Pursuant to the order passed by this Court on 11.04.2018 as well as the subsequent order passed on 27.04.2018, a short counter affidavit has been filed on behalf of respondent no. 3 stating that a Committee has been constituted to look into the matter and a prayer has been made to grant a month's time for the Committee to submit its report. Learned counsel for the petitioners contends that in terms of the orders passed by this Court, the Vice Chancellor of the University was, himself, required to look into the matter, but nothing has been done and the petitioners are on the verge of starvation. In the facts and circumstances of the present case, as also considering the observations made in the order dated 11.04.2018, it would be appropriate to grant 10 days' time to the concerned respondent to conduct the inquiry and to take a decision in the matter. It is noticed that the working of the petitioners in the examination department is admitted by the Officers of the University itself and this Court cannot shut its eyes to the concern of the petitioners, who claim to be working in the University without any salary for the last over 40 months. The Vice Chancellor of the University is requested to instruct the Committee to take the matter on priority and to conclude its inquiry so that the stand of the University is placed before this Court and a final decision, in accordance with law, is taken. Let this matter appear, once again, at the top of the list on 28.05.2018. Office shall send records of the connected Writ A No. 7532 of 2018 (Gopesh Kumar and 9 Others Vs. Union of India and 4 Others) when the matter is listed next". Order of this Court dated 11.4.2018, referred to in the aforesaid order, is also reproduced:- "Supplementary affidavit filed today is taken on record. Petitioners, who are twelve in number, claim to be working in the examination department of the University since 2015, without any complaint. They have approached this Court with the grievance that though they are working but salary is not paid to them for the last 40 months. Attention of the Court has been invited to a letter dated 2.11.2017, send by the Joint Registrar, Examination to the Controller of Examination, clearly admitting that such persons are working since 2015, without any salary. Conduct of examination is an important part of the functioning of a Central University. The allegation that though persons are working in the examination cell, yet are not receiving any salary for the last 40 months is a serious matter. Before proceeding further, it would be appropriate to permit the Vice-Chancellor of the University to look into the matter and take a decision. Such a decision shall be placed before this Court alongwith affidavit of the Vice-Chancellor of the University, clarifying the situation. The required affidavit shall be filed by the next date fixed. Post as fresh on 27.4.2018".;