Gajanan Deshmukh
Asked December 16, 2016

Government job appointment without advertisement in newspaper

  • 2 Answers
  • 642 Views

Can Government make appointment of Gazetted, Group A service with an online advertisement (Only on Internet) and without publishing it in any newspaper. Please give references of cases were such appointment has been made without publishing in news paper are considered invalid and appointments are cancelled.

Answers 2

No, government can't appoint like this. They must advertise in the local news paper also. You may challenge such appointment in the high court.

Agree Comment 0 Agrees almost 4 years ago

Dear Sir/madam,

Generally speaking, the Government cannot make an appointment without publishing a prior information in the newspaper. Publishing the advertisement on the internet in no criteria whereas publishing it in any newspaper is. Below mentioned are the desired case laws, to help pursue the legal advice. These case laws mention - making a call to the eligible candidates through print media as an essential condition before appointment.

Arun Kumar Nayak Vs. Union of India & Ors.[1]

In addition to Employment Exchange, the concerned department should also call the eligible candidates through news papers and announcement on radio and television from open market to make the selection consistent with the principle of fair play, justice and equal opportunity enshrined in Articles 14 and 16 of the Constitution by providing wider choice to make available the best talent to subserve the public interest better.

Excise Superintendent, Malkapatnam, Krishna District, A. P. Vs. K. B. N. Visweshwara Rao and others[2]

While Recruitment for Public Employment, the Govt. Departments must send requisition to the Employment Exchanges and also invite applications by publication in the newspaper and both should be considered to subserve the fair-play, justice and to provide equal opportunity to all.

State of Bihar Vs. Upendra Narayan Singh & others[3]

Every public employer is duty bound to notify the vacancies to the concerned employment exchange so as to enable it to sponsor the names of eligible candidates and also advertise the same in the newspapers having wider circulation, employment news bulletins, get announcement made on radio and television and consider all eligible candidates whose names may be forwarded by the concerned employment exchange and/or who may apply pursuant to the advertisement published in the newspapers or announcements made on radio/television.

 

[1] 2006(8) SCC 111

[2] 1996(6) SCC 216

[3] 2009(5) SCC 65

Agree Comment 0 Agrees almost 4 years ago

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