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Improper recruitment advts violate fundamental right of candidates: Allahabad High Court

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The Allahabad High Court has said not properly advertising for recruitment to vacant posts is a violation of fundamental right of the prospective candidates.

The Division Bench of Chief Justice Rajesh Bindal and Justice J.J Munir heard this petition filed by Ravi Pratap Mishra.

The Court noted that the Single Judge has dismissed the writ petition filed by the appellant with the observation that prior to his appointment, the vacancy was not properly advertised.

The advertisement was made in a newspaper, named ‘Hindustan Kaa Swaroop’, which hardly had any circulation in the area.

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.

“We do not find any error in the order passed by the Single Judge as 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”, the Court observed while dismissing the petition.

The petitioner told the court that the school management committee had published an advertisement for clerical recruitment in a local newspaper. After which he was duly appointed to the post of clerk by the selection committee, but the District School Inspector refused to grant financial sanction on the ground that the advertisement of clerical recruitment has been published in a newspaper having less circulation in the concerned area.

The single judge had refused to grant him any relief as it observed that prior to his appointment, the vacancy was not properly advertised. Therefore, challenging the single judge’s order, the petitioner moved before the division bench with the instant plea.

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