The Commissioner, Faisalabad Division, Faisalabad, viz. Respondent No. 1, invited applications through the respective Deputy Commissioners of his division of candidates fulfilling the requisite qualifications for filling a few available posts of `A' Class Naib Tehsildar.
2. The petitioner who claims to possess the requisite qualifications has through the, instant Constitutional Petition, impugned the entertainment by the respondents of the applications of other candidates for the afore-mentioned posts as they (respondents) have allegedly received the applications of other candidates without advertisement in utter disregard of the mandatory requirement of rule 17 of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974.
Rule 17 ibid reads as under; "17. Initial appointment to all posts to Grade I and above except those filled under rule 16, shall be made on the basis of examination or test to be held by the appropriate Committee or the Board, as the case may be after advertisement of the vacancies in newspapers; or in the manner to be determined by the Government."
3. The petitioner claims that he had the last chance in view of his age but on account of the impugned act of the respondents, he has been de--prived to avail of his last chance. The respondents, however in their written statement have submitted that all necessary steps for making advertisement as required by rule 17 of the Punjab Civil Servants (Appointment and Con-- ditions of Service) Rules, 1974 were taken and were publicity in the field through the respective A.Cs and the field staff for the prospective posts of `A' Class Naib-Tehsildar was made. Under the directions of respondent No. 1, all the Deputy Commissioners including the Deputy Commissioner Jhang took various steps for making were publicity to invite applications from the candidates. The Deputy Commissioner Jhang arrange, the publication of a news item in different dailies through his District Information Officer about the proposed recruitment. In addition to the publication of news item, he gave were publicity about the proposed recruitment through the media of Tehsil Agency, Municipal-Town Committees and Union Councils In addition, the Manager Employment Exchange Jhang was also addressed on the subject and asked to invite applications from the suitable candidates. There is a news item in daily `Imroze' Lahore dated 11-10-1982 to the effect that applications were invited to fill in the vacant posts of Naib Tehsildars, the last date of receipt of such applications being 14th October. Similar news item appeared in daily `Millat' Faisalabad dated 12-10-1982, daily `Mashraq' Lahore dated 10-10-1982 and `Wafaq' Lahore dated 11-10-1982.
It has, however, been argued .On behalf of the petitioner that the advertisement contemplated by rule 17 supra could be in the form of advertisement and not in the shape of a news item. As a specimen of the advertisement, he has relied upon Annexure `H` which is an advertisement through which applications were invited for the selection of `A' Class Naib---Tehsildars by the Commissioner Sargodha Division, Sargodha.
4. The sole question for determination, in the circumstances, is as to whether the news item appearing in the afore-mentioned newspapers (Annexure R-3) could be considered as sufficient notice for the intending applicants within the meaning of rule 17 supra. The said rule contem-- plates advertisement of the vacancies in newspapers, or in the manner to be determined by the Government. In the present case, there is nothing on the records to suggest that the Government determined any other manner of advertisement than the advertisement in newspapers. In this view of the matter, it cannot be denied that the respondents were required to advertise the posts of `A'
Class Naib-Tehsildars in the newspapers. No authoritative pronouncement has, of course, been produced by any of the parties show as to what is the advertisement in newspaper. According :o `slack's Law Dictionary', advertisement has been defined as notice given in a manner designed to attract public attention ; information communicat--ed to the public, or to an individual concerned, as by handbills or the newspaper ; a sign-board erected at a person's place of business, giving notice that lottery tickets are for sale. According to `Ballentine's Law Dictionary', advertisement means "a notice published in handbills or a newspaper. The word also includes notice by posting or display on sign--boards. The idea underlying the word has reference not so much to the vehicle or instrumentality used for getting the notice before the public, as to the diffusion, or bringing home to the public of the information or matter contained in the notice."
5. In the circumstances of the present case, in the news items in question which had been got published in important dailies of the Province, it has been indicated that candidates hailing from rural areas of Jhang district possessing the prescribed qualifications could apply for the posts of `A'
Class Naib-Tehsildar by the date given in the news item. Such news item thus amounts to an advertisement in newspaper within the meaning of rule 17 of the Punjab Civil Servants (Appointment and (conditions of Service) Rules, 1974. The advertisement in the newspaper need not be in a particular form or design. The purpose is served if the notice is given in a newspaper in a manner designed to attract public attention.
6. The learned counsel for the petitioner has placed reliance on Shahzad Gul and 9 others v., Government of N.-W.F.P. And another (PLD 1970 Pesh. 224). In this case, a Division Bench of the Peshawar High Court dismissed the Constitutional Petition of those mho were appointed as Naib- Tehsildars without inviting applications for appointment and without competitive examination.
Their appointment was thus held to have no sanctity being in flagrant violation of constitution guarantee. In the instant case, it has not been denied by the respondent that rule 17 supra was applicable with full force to this case and that the advertisement contemplated there was necessary. The respondents, however, have been successful to show that they have duly complied with the requirements of the said rule by advertising the posts in the newspapers as also through other medias.
7. For the foregoing reasons, there is no merit in the instant Constitu--tional Petition and the same is consequently dismissed with no order as to costs.