Court No. - 58
Case :- WRIT - A No. - 3154 of 2019 Petitioner :- Ajay Kumar Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ratnakar Upadhyay,Sr. Advocate Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Apart from the other grounds taken, the Regional Level Committee for the purposes of denying approval to petitioner's appointment has observed that the vacancy itself was not advertised in two news papers, as was warranted in terms of the applicable Government Order and, therefore, petitioner's appointment is not valid. It is stated that the advertisement has been published only in a local news paper 'Dainik Manyavar' and that the vacancy was not advertised in any State level news paper. The only advertisement which has been brought on record of the present petition is published in local news paper Dainik Manyavar, which is not shown to be a State level news paper.
The findings in the order that advertisement has not been validly published is, therefore, liable to be sustained. The mere fact that aspect of outsourcing has been disapproved by the Division Bench of this Court dated 19.11.2018 in Writ Petition No. 45060 of 2015 (Principal Abhay Nandan Inter College and another Vs. State of U.P. and others), would not be sufficient to sustain challenge to the order impugned, unless the objection relating to advertisement is explained. In the absence of any appropriate advertisement, no valid appointment could be said to have been made.
Writ petition fails and is accordingly dismissed.
Order Date :- 26.2.2019 n.u.