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Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering, with the full judgement available as a PDF.

Service & Administrative LawSupreme Court of India

The Director of Horticulture, Odisha v. Pravat Kumar Dash & Ors.

Civil Appeal · 2019 INSC 888Decided 9 Aug 2019
Civil Appeal Nos. 6227-6228 of 2019
Justice L. Nageswara Rao · Justice Hemant Gupta

Background

A group of candidates in Odisha had undergone a government-sponsored "Gardener" training programme in the late 1990s, after which the State decided not to appoint them, eventually abolishing the post of Gardener altogether. The Odisha Administrative Tribunal and the High Court repeatedly ruled in the trainees' favour, directing the State to appoint them against vacant Gardener posts, partly by analogy to a handful of other trainees who had earlier been appointed (though irregularly) and reinstated. The State and the Director of Horticulture appealed to the Supreme Court, arguing that completing training never guaranteed a job and that the earlier irregular appointments could not be used to justify extending the same benefit to hundreds more.

Decision Breakdown

The Supreme Court held that the training circular itself explicitly stated there was no guarantee of employment after training, and that the selection of 362 candidates for training in the first place had not followed any transparent or approved procedure. It held that completing a training course cannot by itself create a right to a public post: public employment must be filled through a proper, open selection process giving all eligible candidates a fair opportunity to compete. The Court also rejected the argument that the trainees were entitled to parity with the six earlier irregularly-appointed persons, holding that there is no right to equal treatment in an illegality ("no parity in the illegality"). It therefore set aside the Tribunal's and High Court's orders and dismissed the trainees' applications.

Lesson Learnt

Undergoing government training or an internship does not by itself create a legal right to be appointed to a government job: appointment to a public post must still go through a fair, transparent, and properly authorised selection process, and a citizen cannot claim equal treatment based on someone else's earlier irregular or illegal appointment.

The Director of Horticulture, Odisha v. Pravat Kumar Dash & Ors. – Legal Case Shots | LegalAware