ANILESH PRATAP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE present special has been filed against the judgment and order dated 11.12.1998 passed by a learned Single Judge of this Court in Civil Misc. Writ Petition No. 15293 of 1992, whereby the writ petition filed by the writ petitioner appellant has been dismissed.

(2.) BRIEFLY stated the facts giving rise to the present special appeal are as follows :

(3.) THE learned Counsel for the appellant submitted that the appellant was appointed on 16.8.1991 as ad -hoc Lecturer in Civics against the vacancy caused by the retirement of Sri Karam Raj Mishra. The College Authority had sent the requisition under Section 18 of the U.P. Secondary Education Service Commission and Selection Board Act, 1982 (hereinafter referred to as the 1982 Act). The vacancy was notified to the Commission and even if the appointment has been made before the expiry of a period of two months from the date of notifying the vacancy to the Commission, the appointment would not be bad and illegal, but would take effect after the expiry of the period of two months. He further submitted that the vacancy was advertised in the local newspaper 'Dainik Manyawar' published on 24.7.1991, which is a widely circulated newspaper in the District of Jaunpur and if the vacancy was not advertised in two daily newspapers, as per U.P. Secondary Education Service Commission (Removal of Difficulties) Order, 1982, then it is only an irregularity, which will not make the appointment void. He further submitted that the requirement of advertisement in two newspapers was directory and not mandatory. He relied upon the following cases :