New Delhi: The Supreme Court has set aside an order of Odisha Administrative Tribunal, affirmed by Orissa High Court, directing state government to appoint six persons on the post of gardener in Horticulture department in the state.
A two-judge bench comprising Justices L Nageswara Rao and Hemant Gupta observed that the High Court order directing the state government to appoint the applicants 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.
The bench observed that the circular dated April 16, 1998 did not guarantee employment after successful completion of training by the trainees.
“We find the selection of the candidates for training was not by way of transparent procedure nor there was any commitment 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 posts are advertised and filled up by giving opportunity to all similarly situated candidates,” the bench observed.
The apex court further said that the directions of the Tribunal, as affirmed by the High Court, are wholly unjustified as there cannot be any direction for appointment only for the reason that the candidates have undergone training.
It is to be mentioned here that the Orissa High Court, in December 2017, affirmed the order of Odisha Administrative Tribunal holding that the applicants had undergone training after being selected and sponsored by the government. It also held that since the posts of Gardener are lying vacant, there is no reason why the State should not consider the applicants against such vacancies.