JUDGMENT : Manoj K. Tiwari, J. 1. Heard learned counsel for the parties and perused the records. 2. Since, common questions of law and facts are involved in these writ petitions, hence, are being taken up together and are being decided by this common order. However, for the sake of convenience, the facts of WPSS No. 1745 of 2017 are being taken into consideration. 3. By means of present writ petition, following reliefs have been sought:- “(i) Issue a writ, order or direction in the nature of certiorari calling for the records and quashing the order dated 30.06.2017 (annexure no. 13 to the writ petition) passed by the respondent no. 1 so far as it relates to the petitioner. (ii) Issue a writ, order or direction in the nature of mandamus staying the effect and operation of the order dated 30.06.2017 (annexure no. 13 to the writ petition) passed by the respondent no. 1 so far it relates to the petitioner. (ii) a. Issue a writ, order or direction in the nature of certiorari calling for the records and quashing the order dated 14th July, 2017 (annexure no. 15 to the writ petition) passed by the respondent no. 4. (iii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to interfere in the peaceful working of the petitioner and to pay him salary on month to month basis as and when it becomes due during the pendency of the writ petition. 4. In a nutshell, facts of the case are as follows:- There is a Minority Educational Institution known as Guru Nanak Public Boys Inter College, Chakkuwala, Dehradun. Some vacancies were available on teaching as well as non-teaching posts, therefore, the Committee of Management sought permission to advertise these vacancies and such permission was granted by the Chief Education Officer, Dehradun vide order dated 26.05.2014. Clause 10 of the order dated 26.05.2014 provides that in case of Non-Minority Institutions, advertisement has to be published, in terms of Regulation 10(a) in any two of the following four daily newspapers, namely, (i) Rashtriya Sahara, (ii) Dainik Jagran, (iii) Hindustan and (iv) Amar Ujala. 5. Regarding Minority Institution, clause 10 of the said order dated 26.05.2014 provides that advertisement should be published in terms of Regulation 17(a) of the aforesaid Regulations. 5. Regarding Minority Institution, clause 10 of the said order dated 26.05.2014 provides that advertisement should be published in terms of Regulation 17(a) of the aforesaid Regulations. The Committee of Management issued advertisement, which was published in two daily newspapers on 11.07.2014, namely Hindi Daily i.e. ‘Shah Times’ and English Daily ‘Garhwal Post’. By the said advertisement, three vacancies on the post of Lecturer, one vacancy on the post of Assistant Teacher L.T. Grade (General) and one vacancy on the post of Clerk were advertised. 6. As per the information supplied by Chief Education Officer, Dehradun to Director (Secondary Education), vide letter dated 13.11.2014, for the post of Lecturer (Mathematics), seventeen applications were received and fourteen candidates appeared for interview before the Selection Committee. Likewise for the post of Lecturer (English), sixteen applications were received and twelve candidates appeared for interview. For the post of Lecturer (Hindi), twelve applications were received and ten candidates appeared for interview before the Selection Committee. For the post of Assistant Teacher, L.T. Grade (General), five applications were received and four candidates appeared for interview before the Selection Committee. For the post of Clerk, total applications received were twenty one and seventeen candidates appeared for interview before the Selection Committee. 7. A duly constituted Selection Committee held interview on 09.10.2014 and thereafter, recommended names of the selected candidates to the Committee of Management. The Committee of Management, upon receiving the recommendation, sent the names recommended by the Selection Committee for approval to the Chief Education Officer, Dehradun. At this stage, some complaints were made with the allegation that the selection is bad, as it is tainted with (i) nepotism, (ii) favouritism and (iii) advertisement was not published in accordance with statutory provisions. The Chief Education Officer, Dehradun directed the Block Education Officer, Raipur, to hold inquiry in respect of allegation made in the said complaints. The Block Education Officer held an inquiry and submitted his report to the Chief Education Officer on 12.11.2014. In his report, Block Education Officer observed that the selection was done as per rules. It appears that the said inquiry report was forwarded by Chief Education Officer to the Director (Secondary Education) and thereafter, the Director issued one letter dated 14.11.2014, whereby, the Chief Education officer was directed to take decision regarding approval to the selected candidates. In his report, Block Education Officer observed that the selection was done as per rules. It appears that the said inquiry report was forwarded by Chief Education Officer to the Director (Secondary Education) and thereafter, the Director issued one letter dated 14.11.2014, whereby, the Chief Education officer was directed to take decision regarding approval to the selected candidates. Ultimately, on 01.01.2015, appointment letters were issued to the petitioners and soon after their appointment, petitioners joined their duties in the Institution in question. All appointments were on probation for one year and the period of probation of the petitioners was never extended. Thus, it is their case that their services stood confirmed upon expiry of one year. 8. On 30.06.2017, Incharge Secretary, Department of School Education passed an order, whereby appointment of the petitioners to the post of Lecturer was cancelled. Infact by the said order, all appointments made pursuant to the selection in question were cancelled on the ground that the newspapers, in which the advertisement regarding vacancies was published, namely, ‘Shah Times’ and ‘Garhwal Post’, do not have wide circulation in State of Uttarakhand. However, in the said order, the Incharge Secretary has noted that ‘Shah Times’ has circulation of 75,000 copies in Uttarakhand State, while, Garhwal Post has circulation of 47,989 copies in Uttarakhand State. Thus, feeling aggrieved by cancellation of their appointments, petitioners have filed these Writ Petitions. 9. It is the case of the petitioners that Ex-Manager of the Institution Sri R.S. Kandhari, due to internal dispute in the Management, filed writ petition being WPSS No. 583 of 2015, which was disposed of by this Court vide order dated 15.11.2016 with a direction to the Secretary, School Education that he shall look into the question whether ‘Shah Times’ and ‘Garhwal Post’ have wide circulation and pass appropriate orders. It is further the contention of the petitioners that the Secretary, School Education should have considered the question of circulation of the newspapers, in terms of Regulation 17(a). It is further the contention of the petitioners that the Appointing Authority, in respect of the petitioners is the Committee of Management, therefore, the Secretary, School Education was not competent to cancel the appointment given by the Committee of Management. 10. It is further the contention of the petitioners that the Appointing Authority, in respect of the petitioners is the Committee of Management, therefore, the Secretary, School Education was not competent to cancel the appointment given by the Committee of Management. 10. The controversy involved in the Writ Petition revolves around Regulation 10 and Regulation 17 of the Regulations framed in 2009 by the State Government in exercise of power under Section 24 of Uttarakhand School Education Act, 2006. Since, these Regulations are in Hindi, therefore, English translation of relevant portion thereof as supplied by learned counsel for the petitioners, is extracted below:- Regulation-10. “The process of filling up the post of Head of Institution and teachers (including teachers of Intermediate College, High School, Junior High School, Primary School and Primary School Teachers attached to High School and Intermediate College through direct recruitment would be as follows:- (a). The Committee of Management would determine the number of vacancies and take permission from the District Education Officer for advertising the vacancies. The Manager of the Institution shall advertise the vacancies in at least two such daily newspapers, which are having wide circulation in the State, provided that the list of newspapers shall be prepared by the District Education Officer with the approval of the Regional Additional Director, Education and the Committee of Management would be bound to publish the advertisement in any two newspapers, out of the newspapers so included in the list. Regulation-17. “The procedure of filling up the post of Head of the Institution and Teachers in recognized institution mentioned in Section-38 would be as follows:- (a). The Management would determine the number of vacancies to be filled up by direct recruitment. The Manager of the Institution would advertise the vacancies in at least one Hindi and one English daily newspaper having adequate circulation in the State. Particulars about the vacancies advertised (whether permanent or temporary) number of vacancies, details of post (whether Principal or Head Master, Lecturer, LT or BTC category of teachers and the subjects in which the Lecturer or Teacher is required), pay scale and other allowances, requisite experience, minimum qualification for the post and minimum age would be provided and date upto which the application would be accepted would be prescribed. A copy of the advertisement would be sent to the concerned District Education Officer.” 11. A copy of the advertisement would be sent to the concerned District Education Officer.” 11. Regulation 17 applies only to Minority Institutions, whereas, Regulation 10 is applicable to all institutions other than Minority Institutions. The basic distinction between Regulation 10 and Regulation 17 is that Regulation 10 contemplates preparation of a panel of newspapers by the District Education Officer with the approval of Regional Additional Director and every advertisement in respect of vacancies has to be advertised in any two newspapers, out of the newspapers so empanelled by the District Education Officer. Regulation 17 dealing with Minority Institution, however, gives freedom to the Management to advertise the vacancy in any two newspapers, one in Hindi and one in English and the only guideline prescribed in the Regulation is that such newspaper should have ‘adequate circulation’ in the State and copy of the advertisement has to be sent to the concerned District Education Officer. In the present case, we are dealing with a Minority Institution, therefore, Regulation 17(a) alone is relevant for the present case. The appointment of the petitioners has been cancelled only on the ground that the newspapers, in which the advertisement was published, do not have wide circulation in the State. 12. Learned counsel for the petitioners has drawn attention of this Court to Regulation 17(d) dealing with Minority Institutions, in which it is provided that interview shall be cancelled, if less than three candidates are available for interview. Based on the said provision, learned counsel contends that in case of Minority Institutions, requirement of Regulation is more relaxed and fault can be found with the selection only if less than three candidates turn up for interview. He also submits that sufficient number of candidates had appeared for interview, in respect of all the posts. He further submits that this aspect has not been dealt with by the Respondent No. 1 in the impugned order. 13. Procedure for direct recruitment to non-teaching post in a Minority Institution is laid down in Regulation 18(b), where it is provided that the vacancies shall be advertised in two newspapers having adequate circulation. Thus, the basic requirement under Regulation 17(a) and 18(b) is the same i.e. the newspaper should have adequate circulation. The only difference is that in Regulation 17(a), expression used is ‘adequate circulation’ in the State, while, in Regulation 18(b), circulation is to be seen at the local level. Thus, the basic requirement under Regulation 17(a) and 18(b) is the same i.e. the newspaper should have adequate circulation. The only difference is that in Regulation 17(a), expression used is ‘adequate circulation’ in the State, while, in Regulation 18(b), circulation is to be seen at the local level. English translation of Regulation 18(b) is extracted below:- “Regulation-18(b) – Appointment of employees in a minority institution shall be made in the following manner:- In the institution specified under Section-38, for filling up the vacancy of non-teaching employees by direct recruitment, the post shall be advertised in local Daily Newspaper, having adequate circulation, in which the minimum qualification and age, pay scale, etc. would be specified.” 14. Perusal of the impugned order reveals that the Incharge Secretary misdirected himself by inter-mingling the provisions contained in Regulation 10 and Regulation 17. This is apparent from para 8 of the impugned order, where he has treated ‘wide circulation’ and ‘adequate circulation’ as synonymous. The Incharge Secretary has himself considered the fact that ‘Shah Times’ has circulation of 75,000 copies in Uttarakhand State, which is slightly less than the number of copies of Hindi Daily ‘Hindustan’ circulated in Uttarakhand. The In-charge Secretary has further considered the fact that ‘Garhwal Post’ has circulation of 47989 copies in Uttarakhand. Requirement of Regulation 17 (a) is that a newspaper should have adequate circulation in the State and not in each district of Uttarakhand State. 15. A comparison of Regulation 10(a) and Regulation 17(a) reveals that Management of a Minority Institution has more freedom regarding choice of newspapers, in which advertisement has to be published and the only requirement of Regulation 17(a) is that such newspaper should have ‘adequate circulation’ in the State. Respondent No. 1 has mentioned the number of copies of ‘Garhwal Post’ and ‘Shah Times’ circulated in Uttarakhand as 47,989 and 75,000 respectively, which cannot be held to be inadequate in the absence of any definition of the expression ‘adequate’ given in the Regulations. The expression ‘adequate’ can have different meaning at different place, time and situation. Respondent No.1 has substituted his value judgment regarding adequacy of circulation of newspaper in the State, in place of objective tests for determining the question. Personal opinion of an officer in such matters has no relevance and decision, if any, has to be taken strictly in terms of guidelines prescribed in the statute. Respondent No.1 has substituted his value judgment regarding adequacy of circulation of newspaper in the State, in place of objective tests for determining the question. Personal opinion of an officer in such matters has no relevance and decision, if any, has to be taken strictly in terms of guidelines prescribed in the statute. The finding recorded in the impugned order is not supported by any material. 16. In my humble opinion, publication of advertisement contemplated in Regulation 10(a) has to be in such newspapers, which have more circulation compared to the newspapers contemplated in Regulation 17(a). The expression used in Regulation 10(a) is ‘wide circulation’ while, expression used in Regulation 17(a) is ‘adequate circulation’. In such view of the matter, a newspaper, which fulfills the requirement of Regulation 17(a) may not fulfill the requirement of Regulation 10(a) due to lesser circulation in the State. 17. There is yet another aspect of the matter i.e. Hindi Daily ‘Shah Times’ has been empanelled in the list of newspapers prepared by District Education Officer (Secondary), Pauri, under Regulation 10(a). This fact has been pleaded in para 40-E of the Writ Petition based on reply dated 23.07.2017 given by District Education Officer (Secondary), Pauri Garhwal under R.T.I. Act. The said document indicates that advertisement in Hindi Daily ‘Shah Times’ has been treated as sufficient compliance of Regulation 10(a), in respect of District Pauri Garhwal. Since, empanelment of newspapers in the list contemplated in Regulation 10(a) has to be done with the approval of Regional Additional Director of Education, therefore, it can be safely inferred that Additional Director of Education, Garhwal Region has approved Hindi Daily ‘Shah Times’ for inclusion in the list prepared by District Education Officer, (Secondary) Pauri under Regulation 10(a). The requirement of the Regulation is adequate circulation in the State and not in a particular District. When Hindi Daily ‘Shah Times’ has been recognized as a newspaper having adequate circulation in the State by District Education Officer, Pauri under Regulation 10(a) with the approval of Additional Director of Education, Garhwal Region, then, it cannot be treated otherwise in District Dehradun, which also comes within Garhwal Region. When Hindi Daily ‘Shah Times’ has been recognized as a newspaper having adequate circulation in the State by District Education Officer, Pauri under Regulation 10(a) with the approval of Additional Director of Education, Garhwal Region, then, it cannot be treated otherwise in District Dehradun, which also comes within Garhwal Region. It cannot be the case of the respondents that ‘Shah Times’ and ‘Garhwal Post’ do not have circulation in District Dehradun in view of statement made in para 6 of the impugned order dated 30.06.2017, where it is stated that both newspapers i.e. ‘Shah Times’ and ‘Garhwal Post’ are having circulation in District Dehradun alone. 18. In view of above, the impugned order dated 30.06.2017 passed by Incharge Secretary, School Education Department and consequential order dated 14.07.2017 passed by the Authorized Controller of the Institution are liable to be quashed and are hereby quashed. The Writ Petition is allowed. Petitioners shall be reinstated in service with all consequential benefits.