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Allahabad High Court

MOHAMMAD SHAHNAWAZversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

Mandamus cannot be issued against private individuals; the petition is dismissed.

Summary

The petitioner was appointed as a peon on an outsourced basis by Respondent No.5 on 19 December 2024. He was barred from working from 16 September 2025 without any notice and subsequently approached the Industrial Tribunal, which issued an order on 25 February 2026. The petitioner then filed a writ petition before the Allahabad High Court seeking mandamus to compel the private respondent to allow him to work. The Court examined the record and held that the appointment was made by a private entity, against which a writ of mandamus cannot be issued. Consequently, the petition was dismissed, with the Court directing the petitioner to pursue the appropriate common law remedy.

Issues considered

  • Whether a writ of mandamus can be issued against a private respondent for an employment appointment made under an outsourcing arrangement.
  • Whether the High Court has jurisdiction to entertain a writ petition challenging the termination of services by a private entity.

Subjects

  • writ jurisdiction
  • mandamus
  • private respondent
  • outsourcing
  • employment termination
  • common law remedy

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - A No. - 7297 of 2026

                                    Mohammad Shahnawaz
                                                                                                 .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 4 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)      : Diwakar Mishra, Rajeev               Kumar
                                                                     Shukla, Vinod Kumar Singh
                                    Counsel for Respondent(s)      : C.S.C.

                                    Court No. - 6
                                                        HON'BLE PRAKASH PADIA, J.

                                    1. Petitioner was given appointment on the post of peon by way of
                                    outsourcing vide letter dated 19.12.2024 issued by the Respondent No.5.

                                    2. It is argued that the petitioner was not permitted to work without any
                                    notice from 16.09.2025, hence a letter has been written by him to the
                                    Presiding Officer Industrial Tribunal-3, Sarvodaya Nagar, Kanpur on
                                    16.02.2026 which was decided by the Administrative Officer, Industrial
                                    Tribunal vide order dated 25.02.2026, hence the present writ petition.

                                    3. Heard counsel for the parties and perused the record.

                                    4. From perusal of record, it is clear that petitioner was given appointment
                                    by the private-respondent namely Respondent No.5 which cannot be
                                    granted under writ jurisdiction. Law in this connection is well settled that
                                    mandamus cannot be issued against the private individuals and the
                                    appropriate remedy lies under the common law.

                                    5. In this view of the matter, the present petition is dismissed with the
                                    liberty to avail the common law remedy, if so advised.




                                                                                            (Prakash Padia,J.)
                                    May 14, 2026
                                    Swati




Digitally signed by :-
SWATI PATHAK
High Court of Judicature at Allahabad


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