TRIBHUVAN DAHIYA, J.

These two petitions are being decided together since common questions of law on similar facts arise for consideration. For brevity, the facts are being noticed from CWP No.4817 of 2022, which has been filed inter alia seeking a writ of certiorari setting aside the letters/memorandums dated 28.01.2022 and 02.02.2022, Annexures P-9 and P-8, respectively, to the extent the same limit the petitioners’ engagement in service up to 31.03.2022, that too by way of outsourcing through a private contractor. Further, a writ of mandamus has been sought directing the respondents to allow the petitioners to continue working as contractual Research Scientists and Research Assistants till regular appointments are made against existing posts.

2.1. Facts in brief are, during the outbreak of pandemic Covid-19, a need was felt by the Government for appointment of trained personnel (Doctors and Technical Staff) on contract basis for running Viral Research and Diagnostic Laboratories (VRDL). And a decision was taken at the level of respondents no.1 and 2 vide memorandum dated 28.03.2020, Annexure P-1, to permit appointment of trained personnel on contract basis for three months for running VRDLs in view of outbreak of the pandemic. Directors of the State medical colleges - Pandit Bhagwat Dayal Sharma Post Graduate Institute of Medical Sciences, Rohtak, Bhagat Phool Singh Government Medical College for Women, Khanpur Kalan, Sonepat, Kalpana Chawla Government Medical College, Karnal, Shaheed Hasan Khan Mewati Government Medical College, Nuh, and the respondent Maharaja Agrasen Medical College (MAMC), Agroha, District Hisar - were requested to appoint the staff after considering the eligibility criteria for the posts at their own level for running the VRDLs round the clock all days a week - 24x7. In terms of the memorandum, the respondent College - MAMC was required to appoint four Research Scientists (Medical) at monthly salary of ₹65,000, four Research Scientists (Non-Medical) at monthly salary of ₹60,000, four Research Assistants at monthly salary of ₹35,000, and eight Lab Technicians at monthly salary of ₹30,000.

2.2. Another memorandum dated 01.06.2020, Annexure P-2, was issued by the second respondent/Directorate of Medical Education and Research to the aforesaid medical colleges informing that the Government has desired ‘all Corona Positive cases be hospitalised only in the dedicated exclusive COVID-19 hospitals as per the allocation of districts’. The respondent College was allocated five districts – Hisar, Sirsa, Fatehabad, Bhiwani and Kaithal, for treatment of such cases/patients.

2.3. Accordingly, vide letter dated 27.03.2020, Annexure P-11, the College conveyed to respondent no.1 the requirement of manpower for providing 24x7 services for Covid-19 PCR Labs at the MAMC, Agroha, which is as follows:

2.4. In these circumstances, the petitioners were appointed in the respondent College as Research Scientists for a period of three months. It is an undisputed fact that they fulfilled the requisite qualifications for the post, and their appointment was made after f