Court No. - 16
Case :- WRIT - A No. - 6940 of 2018 Petitioner :- Prasant Kadam Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anil Kumar Srivastava Counsel for Respondent :- C.S.C.,Ram Bilas Yadav
Hon'ble Ashwani Kumar Mishra,J.
Petitioner claims to have been appointed as Assistant Teacher in Sri Sant Pyare Singh Kalyan Kanya Pathsala, Jagdishpura, Gadhi Badauriya, Agra. It is contended that petitioner's appointment has been made after proper publication of vacancy in newspapers. According to the petitioner, such publication has been made in two newspaper i.e. The Sea Express and Pushp Savera. Admittedly, the liability to pay salary to petitioner would arise upon the State.
In order to offer any valid appointment the procedure contemplated under Article 14 and 16 of the Constitution of India would have to be followed. Publication of vacancy in the newspapers noticed above cannot be treated as publication in newspapers having wide circulation, inasmuch as the very object of the advertisement would be frustrated in case posts are allowed to be filled by way of an advertisement of vacancy in the newspapers which have hardly any circulation. The mere fact that the newspapers are approved by the Department of Information would not mean that the newspapers are having wide circulation.
Writ petition accordingly fails and is dismissed.
Order Date :- 27.2.2018 Ashok Kr.