Advertisement Publication and Its effect in Selection Process

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Advertisement Publication and Selection Process

Question : What is the role of Advertisement in Selection Process ? 

Answer : Advertisement Publication is mandatory for fair selection process. Therefore, the entire selection process depends on contents of advertisement.

Question : Can someone challenge a selection process before High Court, if State did not issued advertisement ? 

Answer : Advertisement is the most effective means of inviting applications from eligible candidates. The Supreme Court ruled if the Government advertises the appointments and the candidates of service of the appointments and makes selection after advertisement then would be no breach of Article 15 or Article 16 of the Constitution because everybody who is eligible in view of the conditions of service would be entitled to be considered by the State.

Case Reference : B.N. Nagarajan vs State of Mysore, AIR 1966 SC 1942 

Applicability of Rules in Selection Process

Question : Which rules will apply in the selection process. ?

Answer :  The mode and rules for recruitment will apply which existed on the date of advertisement.

Case Reference : Dr. P.N Dubey vs State of M.P., AIR 1997 SC 1283

Wide Publicity of Recruitment Process 

Question : Will publication of Notice for vacancy in Canteen and outside the Office is sufficient for conducting selection for any post  ?

Answer : Advertisements ensure job vacancies reach a broad audience. This inclusivity promotes diversity and equal opportunity in the selection process. Advertisement in newspapers cannot be substituted by other methods such as putting up notices on notice board or in such public place or offices i.e. Revenue Office, courts etc. when people often visit .

Case Reference : G.T. Rao vs The Principal, 1992 (1) SLR 341 (AP)

Change of Eligibility Criteria During Selection Process  

Question : Can State Government amend eligibility criteria during Selection Process or after last of submission of application ?

Answer : After issuance of notification, selection process should continue as per advertisement.

Case Reference : Brajjesh Kumar vs Union of India, 2010 (4) PLJR 236

Filling up of Post Without notifying Advertisement 

Question : Can any post be filled up without notifying advertisement for recruitment ?

Answer : Where a post in public service was filled up without advertisement  and the someone was eligible to apply on advertisement, such appointment is against the provisions of Article 16 and a such liable to be set aside.

Case Reference : K. Shekar vs Indirama, AIR 2002 SC 1230

Enhancing Transparency

Clear, detailed job advertisements help candidates understand role requirements. Transparency in qualifications ensures fair candidate evaluation.

If there is no transparency in the selection process then State has to pass Order of Termination of Temporary Employee after quashing of the unfair selection process.

Reservation of Recruitment Process 

Notification in various media cater to diverse candidates. This accessibility prevents biases towards certain demographics or backgrounds.

State has to notify the vacancies thorough news papers or other wide publicity method. Advertisement also consist details reservation in appointment.  

Ensuring Legal Compliance

Legal compliance in advertisements ensures nondiscriminatory practices. This adherence to laws fosters a fair and just selection process.

If any department failed to advertise any post and started selection process. Any eligible candidate can question the selection process before High Court.

Selection of Meritorious Candidates 

In conclusion, advertisements are crucial for fair selection. They promotes transparency, inclusivity, and efficiency in the selection process.