Bhim Singh and others vs District Basic Shiksha Adhikari, Ballia and others

M. Katju, J.—Heard counsel for the petitioners and Sri N.D. Rai for respondents No. 1 and 2. The petitioners claimed to have been appointed as teachers in a Junior High School after the posts were advertised in the newspaper ''Bagi Ballia'', vide copy of the cutting of the said newspaper, Annexure-2 to the writ petition. I have held in S.K. Dikshit v. District Inspector of Schools, Agra and others 1995 (26) ALR 601, that no appointment of, teacher shall be treated to be valid unless the post was advertised in two well-known newspapers having wide circulation. I am of the opinion that the newspaper ''Bagi Ballia'' is not a widely circulated well known newspaper. There are several well-known newspapers in U. P. having wide circulation, e.g., Dainik Jagaran, Aaj, Amar Ujala, Swatantra Bharat, etc. In Hindi and the Pioneer, Times of India, Hindustan Times, etc. in English, but it is surprising that most of such advertisements are not published in such well-known newspapers, but are published in newspapers having little or no circulation, and in fact many of such newspapers are farzi or fraudulent newspapers. It is well-known that in almost every city in U. P. several such farzi and fraudulent newspapers have sprung up, whose only purpose is to create an impression that the post or contract was advertised. Many of such farzi newspapers even get registered under the Press Registration Act, but in my opinion, this does not make them well-known newspapers having wide circulation. Unless the vacancy is advertised in two well-known newspapers having wide circulation, many people will not be able to apply as they may not be able to know about it.

Since in my opinion. ''Bagi Ballia'' is not a well-known newspaper having wide circulation, this petition is liable to be dismissed for the reasons given in S.K. Dikshit''s case (supra). The petition is, therefore, dismissed.

However, I direct the Committee of Management to advertise the post again in 2 well-known newspapers having wide circulation and the petitioners, if they desire, may again apply amongst others for the post of teachers.

I further direct the State Government to prepare a list of the well-known newspapers in U. P. having wide circulation, so that there can be no difficulty for the Court in deciding such matters. The State Government must issue the order in this connection within Six weeks from today.