Markandey Katju, J. - (1.) THIS writ petition alongwith writ petition Nos. 12834 of 1995; 12891 of 1995; 13625 of 1995; 13240 of 1995; 14257 of 1995; 13638 of 1995 and 11963 of 1994 are being disposed of by a common judgment as they involve a common question of law. The petitioner in writ petition No. 13109 of 1995; Surendra Kumar Dixit was appointed on a short term vacancy as Assistant Teacher in L.T. grade in Sri Moti Lal Inter College, Saiyan, Agra on account of promotion of Ram Kishore Sharma as Lecturer. The petitioner's appointment was done after advertising the vacancy in a Hindi newspaper called 'Swaraj Times' on 14.7.94 vide paragraph 6 to the petition. Annexure 2 is a photostat copy of the relevant advertisement. The grievance of the petitioner is that in pursuance of his appointment letter dated 1.8.94 he joined duty on 2.8.94 and his papers were sent to the District Inspector of Schools, Agra but no order has been passed on the same by the District Inspector of Schools and he has not received any salary despite several representations.
(2.) IN my opinion this writ petition deserves to be dismissed and the appointment of petitioner should be cancelled on a short ground. It has been held by a Full Bench of this Court in Radha Raizada & others v. Committee of Management : 1994 (3) UPLBEC 1551 vide para 43 that even a short term vacancy has to be advertised in a newspaper and it cannot be filled up by notifying the same on the notice board of the institution. In my opinion the newspaper in which the vacancy has to be advertised should be a well known newspaper having wide circulation so that the best candidates may have an opportunity to apply. In a Division Bench decision of this Court in the case of M/s. Lalluji & Sons and others v. State of U.P. and others Writ Petition No. 41992 of 1993 decided on 16 -12 -93 it has been held that publication must be in a well known newspaper having wide circulation, and the advertisement in a newspaper having little or no circulation cannot be of any avail to the petitioner. It is well known that in the State of Uttar Pradesh several fraudulent newspapers have sprung up in almost every city and these newspapers have very little circulation and they publish only a few copies with the intention of creating an impression that the vacancy or auction was advertised (in case there is any challenge to the same). Very often it happens that even these few newspaper copies carrying the so called advertisement are either not distributed or sold, or the relevant page is removed before distribution or sale. This nefarious practice has become so widespread that now the time has come when it must be stopped. There are well known Hindi newspapers e.g. Dainik Jagran, Aaj, Amar Ujala, Swatantra Bharat, Nav Bharat Times, etc., and well known English newspapers like Times of India, Pioneer, etc:, having wide circulation in the State of Uttar Pradesh and it is surprising that in almost all the cases which have come up before this court the vacancies are not advertised in these well known newspapers which have wide circulation but they are advertised in some fraudulent or unknown newspapers having little or no circulation.
(3.) IN almost all the cases which have come up before this Court a little probe will easily reveal that the selection of teachers was done with a pre -determined mind, and the selection was only a farce and the candidate selected belonged either to the caste or community of the Manager or some influential person or his near relation or friend. Thus these appointments of teachers are not made on merit but rather on the basis of caste or community or nepotism or favouritism. In my opinion this country can only progress if atleast the educated section of society starts thinking about the interest of the nation and society as a whole, instead of just thinking of one's own caste, creed or relations. In the field of education particularly the best candidates should be selected as a teacher because it is not a question of only giving employment to a person it is even more a question of the future of thousands of children who study in that school or college. Appointments of incompetent persons may create havoc with the lives of thousands of children because if the Guru is an incompetent person the likelihood is that the students will also be likewise. Education is a very important matter for the development of the country and the future of the children cannot be allowed to be jeopardized by making appointments of incompetent persons as teachers. In all these cases which have come up before this Court the vacancy has not been advertised properly, and this appears to have been done deliberately with the intention to avoid applications by the best candidates so as to make appointment of a person belonging to one's own caste or creed, or of some relation of some influential person. If advertisements are made in well known newspapers having wide circulation, naturally excellent candidates will apply, but it seems to me that in U.P. many managements are not interested in having good teachers but only teachers of their own caste or creed, or who are relatives of some influential persons. Hence the advertisement is made in the newspapers having little or no circulation and in my opinion this is only an illegal back door entry.;