Legal Analysis: Lokendra Kumar Tiwari vs. Union of India and Others

Citation: 2026 INSC 487
Court: Supreme Court of India
Bench: Justice Pankaj Mithal and Justice S.V.N. Bhatti (Division Bench)
Date of Decision: May 13, 2026
Nature of Judgment: Civil Appeal under Article 136 of the Constitution of India against the judgment of the Allahabad High Court dismissing the writ petition challenging contractual appointment.

Synopsis of the Judgment

The Indian Institute of Information Technology (IIIT), Allahabad (Respondent No.2) issued an advertisement inviting applications for regular posts of Professor, Associate Professor and Assistant Professor. The appellant applied for the post of Assistant Professor, was shortlisted, and appeared for the interview. The Selection Committee recommended thirteen candidates for regular appointments, but recommended the appellant and one other candidate for contractual appointments (one year, fixed pay of ₹40,000 per month). The appellant accepted the contractual appointment under economic compulsion. When the Institute cancelled all appointments due to procedural irregularities, the matter was litigated. After a remand by the Supreme Court, the Institute reinstated the appointments of the regular candidates but again offered the appellant a contractual appointment. The appellant challenged this differential treatment. The High Court dismissed his writ petition, holding that he had accepted the contractual terms and could not later challenge them. The Supreme Court reversed, holding that the advertisement was for a regular vacancy, the selection process was common, and the appellant was found suitable. The denial of a regular appointment without any recorded reason was arbitrary and violative of Articles 14 and 16 of the Constitution. The Court directed the Institute to appoint the appellant as a regular Assistant Professor, with continuity of service but without any financial benefits for the past period, and placed him at the bottom of the seniority list.

1. Basic Information of the Judgment

• Case Title: Lokendra Kumar Tiwari vs. Union of India and Others

• Civil Appeal No.: 5307 of 2024

• Bench: Justice Pankaj Mithal and Justice S.V.N. Bhatti (Division Bench)

• Date of Decision: May 13, 2026

• Citation: 2026 INSC 487

• Appeal From: Judgment of the High Court of Judicature at Allahabad in Writ Petition No. 7099 of 2018 and connected appeal

2. Legal Framework

Laws and Provisions Involved

• Constitution of India, 1950: Articles 14 (equality before law), 16 (equality of opportunity in public employment)

• Recruitment and Service Rules of IIIT-Allahabad, 1999: Rules 9 and 9A (separate p

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