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Supreme Court of India 2019-08-09 allowed

THE DIRECTOR OF HORTICULTURE vs PRAVAT KUMAR DASH

Bench: 2 — L. Nageswara Rao, Hemant Gupta

In Brief

The State of Odisha trained 362 candidates as Gardeners and later declined to appoint them, ultimately abolishing the post. The Administrative Tribunal and High Court directed their appointment. The Supreme Court allowed the State's appeal, holding that completion of pre-service training does not entitle candidates to public employment. Public posts must be filled through advertised vacancies and transparent selection procedures open to all eligible candidates. The courts exceeded their jurisdiction in directing appointments without following statutory recruitment rules. The principle that no parity can be claimed from illegally appointed persons further supported the State's position.

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