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Service Lawyer: Training given by the employer to the candidates does not create right for appointment; SC.

Supreme Court of India

Justice Hemant Gupta and Justice L Nageswara Rao

The SC holds that in the present case, the selection of the candidates for training, it was not by way of transparent procedure, and while admitting the candidates for training there was not any commitment by the government to appoint candidates who have completed training as gardeners, therefore, even if a candidate has completed training he cannot seek right of employment, unless such post are advertised and filled up by giving opportunity to all similarly situated candidates. Accordingly, the direction for appointment of the candidates/ respondents by the HC and CAT was set aside by the SC. It was also held that all public posts are required to be filled up by giving an opportunity to all the candidates to apply, and to compete for the post. It was held that the appointment to the post of gardener is required to be made in terms of the recruitment rules, if any, applicable thereto, or in terms of instructions issued under executive power of the State, as the case may be. But the appointments cannot be made only for the reason that the candidate has undergone training - when the candidate was made aware before, that taking of training would not create any right in them for appointment.

The SC {THE DIRECTOR OF HORTICULTURE, ODISHA v. PRAVAT KUMAR DASH & ORS.} sets aside the judgment of the High Court and also that of CAT, and holds that the direction by the CAT, as affirmed by the High Court, directing the State to appoint the candidates as gardeners, is beyond their jurisdiction vested in the High Court as there cannot be any direction for making appointment to the public post in such a manner, that is, if the person has taken training for that reason he has to be appointed, and also due to aforesaid. A fortiorithe OA(s) filed by the respondents stand dismissed.

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