The Allahabad High Court has ruled that for holding selection against a public post, it is necessary to publish advertisement in newspapers so that all eligible candidates are able to apply for the post.

Non-publication of advertisement is denial of equal opportunity to all the eligible candidates in the selection process and therefore violates Article 14 and 16 of the Indian Constitution, rendering the selection in nullity.

A bench comprising Justices Ashok Bhusan and Arun Tondon dismissed a special appeal filed by Tungeshwar Nath, an employee in the office of advocate general of UP.

The appellant had filed the special petition against the order of the advocate general passed on July 2, by which the selection of class 4 posts, made in the year 2005 was cancelled, and also against the judgement which dismissed the writ petition challenging the order of the advocate general.

The division bench was of the view that if appointments in the office of advocate general are permitted to be made through a notice published on the notice board only, it will be violation of Article 14 and 16 of the Constitution.

UNI