Inadequate advertisement of vacancy violative of aspiring candidates' fundamental rights: Allahabad High Court

The Allahabad High Court recently held that if a job advertisement is not adequately circulated, it would prevent a fair opportunity to all prospective candidates and thus violate their fundamental rights [Ravi Pratap Mishra v. State of UP]..The order was passed by a bench of Chief Justice Rajesh Bindal and Justice JJ Munir while upholding an order of a single-judge who dismissed the appellant's plea while observing that prior to appointment, the vacancy was not properly advertised."We do not find any error in the order passed by the learned 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," observed the division bench..The dispute arose when one Ravi Pratap Mishra was appointed as a clerk in a school. However, when the appointment file was sent to the District Inspector of School for approval, it was refused sanction reasoning that the advertisement was published in a newspaper which had low circulation in the area..Consequently, Mishra challenged the order before the High Court and the challenge was dismissed by the single-judge who noted that the advertisement was made in a newspaper by the name of ‘Hindustan Kaa Swaroop’, which hardly had any circulation in the area..The appellant contended that the school management committee had published the advertisement for the vacant post in a local newspaper, after which he was duly appointed. .The division bench, on examining the issue, found the appeal devoid of merits and agreed with the reasoning of the single-judge. The court opined that since the proper procedure for filling of the vacancy was not followed, the order rightly rejected the writ petition as a fair opportunity was not afforded to all the prospective candidates to apply for the post..The appellant was represented by advocate Ramesh Chandra Dwivedi while the State was represented by State Law Officer Ankit Gaur..[Read Order]