Supreme Court · 2007 INSC 472 · Decided 26 April 2007
State of Orissa and ORS. v. Prasana Kumar Sahoo
- Court
- Supreme Court of India
- Citation
- 2007 INSC 472 · [2007] 5 S.C.R. 697
- Case number
- CIVIL APPEAL No. 2167/2007
- Decided
- 26 April 2007
- Bench
- S.B. SINHA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 162, 309, 14, 16
Headnote
B " Constitution of India, 1950: Arts. 162 & 309-Policy decision taken by State in exercise of its jurisdiction under Art. 162-Held: Would be subservient to the recruitment c rules framed by the State either in terms of a legislative act or the proviso appended to Art.309-A purported rules far less the constitutional provisions-A policy decision to absorb a person who is not in employment of the State without following the recruitment rules, would D not confer any legal right on him. ,l. Art. 14-Scope of-Held: Art. 14 contains a positive concept-Only because an
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