RAM CHANDRA CHOUDHARY Vs. STATE OF BIHAR WITH

JUDGEMENT

(1.) SINCE facts of these matters are identical and law applicable thereto is also similar, we have decided to deal with these two appeals by this common judgment.

(2.) Rule 151 of the Bihar Board 'sMiscellaneous Rules gives guidelines for appointment to the ministerial and other posts in Bihar and suggests that the same have been incorporated in Appendix -H to the rules. Appendix -H makes it mandatory for publication of an advertisement in Bihar Gazette for every vacancy to be filled in by the State Government. The said Appendix further makes it clear that an advertisement in the official Gazette may be dispensed with only in cases of really urgent nature and the circumstances of each such case should be reported as soon as possible to the authorities concerned.

(3.) THEREFORE , the normal rule is publication of an advertisement for recruitment in the official Gazette and same may be dispensed with only in urgent cases and when power is being exercised not to advertise, the matter must be reported forthwith to the higher authority. In the event, the advertisement is not published in the official Gazette, but is published in the newspaper, the same, though is not the mandate, but would serve the purpose for all practical purposes. Therefore, advertisement is a must, but exception thereto is the basis of urgency which is justifiable.