Is Mandating Specific Newspapers for Public Recruitment Advertisements Mandatory Under Statutory Norms?

High Court reaffirms that recruitment advertisements require newspapers of wide circulation rather than designated titles; upholds coordinate bench endorsement and binds subordinate courts in Uttarakhand.

 

Summary

Category Data
Case Name WPSS/1399/2025 of VINOD SINGH RAWAT Vs STATE OF UTTARAKHAND
CNR UKHC010131072025
Date of Registration 21-08-2025
Decision Date 25-08-2025
Disposal Nature DISMISSED
Judgment Author Hon’ble Mr. Justice Manoj Kumar Tiwari
Court High Court of Uttarakhand
Bench Single Judge
Precedent Value Binding
Overrules / Affirms Affirms
Type of Law Administrative / Service Law
Questions of Law Whether norms prescribing publication of recruitment advertisements in specific newspapers are mandatory, or if newspapers of wide circulation suffice.
Ratio Decidendi
  • The statutory requirement for recruitment advertisements is wide circulation, not publication in designated titles.
  • The Chief Education Officer lacks power to mandate a particular newspaper.
  • Knowledge of the advertisement by the petitioner precludes a challenge.
  • A coordinate bench had already endorsed the advertisement in Rashtriya Sahara and Shah Times, and no interference was warranted.
Judgments Relied Upon Coordinate Bench order in WPSS No. 1341 of 2023 dated 01.05.2024
Logic / Jurisprudence / Authorities Relied Upon by the Court
  • The purpose of wide circulation to notify prospective candidates;
  • Statutory norms do not specify particular newspapers;
  • Prior endorsement by a coordinate bench.
Facts as Summarised by the Court Petitioner challenged an advertisement inviting applications for one Junior Assistant vacancy, published in Rashtriya Sahara and Shah Times despite norms listing four newspapers.
Citations 2025:UHC:7491

Practical Impact

Category Impact
Binding On All subordinate courts under the High Court of Uttarakhand
Persuasive For Other High Courts
Follows Coordinate Bench in WPSS No. 1341 of 2023

What’s New / What Lawyers Should Note

  • Clarifies that statutory norms require recruitment advertisements in newspapers of wide circulation, not specifically named titles.
  • Confirms that a Chief Education Officer cannot direct the choice of a particular newspaper beyond the wide‐circulation requirement.
  • Holds that knowledge of the advertisement by a petitioner bars challenge on the ground of newspaper selection.
  • Endorses the continued validity of coordinate bench approvals when no statutory breach is shown.

Summary of Legal Reasoning

  1. Petitioner challenged advertisement on the ground that only four specified newspapers could be used.
  2. Court noted a coordinate bench had already approved publication in Rashtriya Sahara and Shah Times (WPSS No. 1341/2023 dated 01.05.2024).
  3. Statutory requirement is wide circulation; no mandate to use particular titles.
  4. Purpose of advertisement is to notify prospective candidates; the CEO cannot override the Committee’s discretion.
  5. Petitioner’s awareness of the advertisement precludes relief under writ jurisdiction.

Arguments by the Parties

Petitioner

  • Advertisement should have appeared in one of the four prescribed newspapers.
  • Non‐compliance with norms invalidates the selection process.

State

  • Coordinate bench endorsement validates the existing advertisement.
  • Statutory norms require wide circulation, not specific newspapers.
  • Petitioner had knowledge of the advertisement, so challenge is barred.

Factual Background

The petitioner challenged an advertisement issued by the Authorized Controller of Secondary School Khadrasi for one Junior Assistant vacancy. Norms prescribed publication in one of four newspapers—Amar Ujala, Dainik Jagran, Rashtriya Sahara, or Hindustan—but the Committee published in Rashtriya Sahara and Shah Times. A coordinate bench had earlier directed expeditious conclusion of the selection in WPSS No. 1341/2023. The writ petition contended non‐compliance with newspaper norms.

Statutory Analysis

  • Recruitment norms require advertisement in newspapers “having wide circulation.”
  • No statutory provision mandates publication in particular titles.
  • The Chief Education Officer’s directions cannot override the Committee’s compliance with the wide‐circulation requirement.

Alert Indicators

  • ✔ Precedent Followed

Citations

  • WPSS/1399/2025; 2025:UHC:7491
  • Coordinate Bench in WPSS No. 1341 of 2023 dated 01.05.2024
  • CNR UKHC010131072025

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