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Issues involved:
The legality of issuing a mandamus for recruitment after the expiration of a select list under the Recruitment Rules. Details of the Judgment: Issue 1: Select List Expiry The case involved challenging directions from the Allahabad High Court to make recruitment from a select list of 1987 after its expiration. The Recruitment Rules dictate that select lists are valid for one year from the date of selection. The High Court, based on previous decisions, held that select lists do not expire after one year. However, the Supreme Court emphasized that the select list indeed expires after one year as per Rule 26 of the Recruitment Rules. Issue 2: Legality of Mandamus The High Court's issuance of a mandamus for recruitment was questioned. Mandamus can only be issued when there is a legal right to performance of a legal duty. As the select list had expired, the rights of those included in it did not subsist. Even though some appointments were made beyond the one-year period, such actions were contrary to the Statutory Rules. The Supreme Court concluded that the High Court erred in directing recruitment from an expired select list and set aside the judgments, dismissing the Writ Petitions. Separate Judgment: The Supreme Court addressed technical objections raised by the respondents regarding delay and the availability of an appeal to the Division Bench. The Court condoned the delay due to the merits of the case and invoked its jurisdiction under Article 136 of the Constitution despite the availability of an appeal to the Division Bench. The Court emphasized the importance of considering the case's merits and the error committed by the High Court in deciding not to interfere solely based on the availability of an alternative appeal route.
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