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 |
|
| Judgments Relied Upon | Coordinate Bench order in WPSS No. 1341 of 2023 dated 01.05.2024 |
| Logic / Jurisprudence / Authorities Relied Upon by the Court |
|
| 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
- Petitioner challenged advertisement on the ground that only four specified newspapers could be used.
- Court noted a coordinate bench had already approved publication in Rashtriya Sahara and Shah Times (WPSS No. 1341/2023 dated 01.05.2024).
- Statutory requirement is wide circulation; no mandate to use particular titles.
- Purpose of advertisement is to notify prospective candidates; the CEO cannot override the Committee’s discretion.
- 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