Whether circulars / notifications of an authority require to be published in the official gazette to become enforceable?
Natural justice requires that before a law becomes operative it must be promulgated or published. It must be broadcasted in some recognisable way so that everyone knows that it exists. At the very least, there must be some special rule or regulation or customary channel by or through which such knowledge can be acquired with the exercise of due and reasonable diligence. In the absence therefore of any law, rule, regulation or custom, a law cannot come into being in this way and promulgation or publication of some reasonable sort is essential.
Circulars, orders or notifications that are published in the official gazette are only those that are passed directly by the central or state government. For instance, the master circular issued by The Reserve Bank of India is considered as ‘law’ which never gets published in the official gazette. Hence, it is fair to say that it is not mandatory for circulars or notifications which are passed by administrative bodies or institutions other than the central or state government to be published in the official gazette.
Please refer:
Harla v/s The state of Rajasthan; AIR 1951 SC 467
Gulf Goans Hotels Company Limited and Another v/s Union of India and Others; (2014) 10 SCC 673