Supreme Court of India · 2008-02-20
State Of Orissa & Anr vs Abhaya Kumar Das & Ors
- Court
- Supreme Court of India
- Petitioner
- State Of Orissa & Anr
- Respondent
- Abhaya Kumar Das & Ors
- Bench
- H.K. Sema, Markandey Katju
Judgment text excerpt
The Supreme Court held that a selectee does not have an indefeasible right to appointment, emphasizing that mere selection does not confer an enforceable right. The Court found that the High Court exceeded its jurisdiction under Article 226 of the Constitution by directing the implementation of the tribunal's order, which is not permissible unless there is a clear miscarriage of justice. Consequently, the orders of the High Court and the tribunal were set aside, and the appeals were allowed.