Allahabad High Court: The Division Bench of Rajesh Bindal, CJ. and J.J. Munir, J. dismissed an appeal which was filed against the order of the Single Judge who had dismissed the writ petition filed by the appellant with the observation that prior to his appointment, the vacancy was not properly advertised. 

An advertisement was made in the newspaper, named ‘Hindustan Kaa Swaroop’, which hardly had any circulation in the area. The appellant had initially moved before the Single Judge stating that he was appointed as a clerk in a school, however, the District Inspector of School had refused to sanction his appointment as a clerk on the ground that the advertisement clerical recruitment had been published in a newspaper having less circulation in the concerned area. 

The Court found that as the proper procedure for filling up the vacancy was not followed, the  Single Judge did not find merit in the writ petition as fair opportunity was not afforded to all the prospective candidates to apply for the post. The Court while dismissing the appeal stated that the order of the Single Judge was error free and in terms of Articles 14 and 16 of the Constitution of India, an advertisement has to be issued for inviting the applications giving fair opportunity to all the candidates. 

[Ravi Pratap Mishra v. State of U.P., 2022 SCC OnLine All 397, order dated: 17-05-2022] 

For appellant: Mr Ramesh Chandra Dwivedi 

For respondent: Mr Ankit Gaur  

*Suchita Shukla, Editorial Assistant has reported this brief.


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