STATE OF U P Vs. KRISHNENDRA GAUR

JUDGEMENT

(1.) HEARD learned Standing Counsel for appellants and Sri R. R. Singh, learned counsel for respondents.

(2.) STATE of Uttar Pradesh has fiied this intra court appeal against the judg ment and order of the Hon'ble Single Judge dated 15th July, 2004, passed in Civil Misc. Writ Petition No. 19736 of 2001.

(3.) LEARNED Standing Counsel on behalf of State-appellants contends that the Hon'ble Single Judge was not justified in recording a finding that publication of the vacancy in one newspaper alone was sufficient and the breach of the requirement of advertisement being made in two newspapers was only a technical lapse, for which the ad hoc appointment of the petitioner could not have been disapproved. LEARNED Standing Counsel with reference to the Full Bench judgment of this Court in the case of Radha Raizada & Ors. v. Committee of Management, Vidyawati Darbari Girls Inter College & Ors. , 1994 (2) ESC 345 (AII) (FB), submits that the Full Bench has categorically laid down as a proposition of law that for ad hoc appointment against short term vacancies, advertisement must be made in at least two newspapers having adequate circulations. He therefore, submits that such law which has been declared by the Full Bench of this court in the case of Radha Raizada (supra) could not have been diluted by the Hon'ble Single Judge by providing the publication in one newspaper was sufficient.