In Brief
The State of Uttarakhand advertised 38 posts of Assistant Prosecuting Officers in 2009, though the advertisement allowed variation. During selection, the State later claimed 74 vacancies existed and selected accordingly. A candidate used the Right to Information Act to challenge this, and the High Court restricted selection to only the 38 advertised posts. Appellants (unsuccessful at 74 but would have been selected at 38) challenged this. The Supreme Court upheld the High Court, holding that recruitment can only fill vacancies arising during the statutory recruitment year, not future vacancies created afterward. Additional posts must be filled through a fresh advertisement, as judicial discretion cannot override statutory service rules."
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