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february 2008

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.

State Of Orissa & Anr vs Abhaya Kumar Das & Ors · Niyam