'Courts Can't Issue Mandamus To Government To Fill In Unfilled Vacancies': Allahabad HC Dismisses Pleas On Qualifying Marks For Asst Teachers' Exam 2018 [Read Judgment]

"A feeble argument raised on behalf of the petitioners is that there are approximately 27713 posts still lying vacant and it would be equitable for this Court to direct the respondents to fill in the remaining vacancies with the relaxed qualifying marks. However, it is settled proposition of law that no mandamus can be issued by the Courts of law to the Government to fill in unfilled vacancies and as such, even the said argument is rejected," Justice Abdul Moin held while dismissing about 60 petitions.

In the backdrop, the state government had issued GO dated January 9, 2018 for conducting exam to recruit Assistant Teachers. By the said order, it had fixed 45% as qualifying marks for general and OBC candidates and 40% for SC/ST category. Subsequently however, the state government issued another GO on May 21, 2018, decreasing the minimum qualifying marks as 33 for general and OBC and 30 for SC/ST. Subsequently, after interference by the HC on a writ petition, the state government on February 20, 2019 cancelled the GO dated May 21, 2018 and started process for examination by keeping in account the previous GO dated January 9, 2018.

Seeking enforcement of GO dated May 21, 2018, a bunch of petitions were filed before the high court. It was submitted that approximately 27713 posts were lying vacant even after declaration of results for the 2018 examination, and as such it would be equitable to direct the state to fill in the remaining vacancies with the relaxed qualifying marks. The plea of legitimate expectation was also asserted.

Dismissing that argument the court said,

"for a case to be made out on the principle of legitimate expectation, the legitimacy of expectation can be inferred only if it is founded on the sanction of law or custom or an established procedure. In the present case, this Court has held that issue of the Government order dated 21.05.2018 lowering the eligibility marks would run against the settled proposition of law…to reduce the eligibility marks after the game had begun neither there is any established procedure followed in regular and natural sequence of the Government lowering the marks after the game had begun."

Reliance was placed on Union of India v. Hindustan Development Corporation, (1993) 3 SCC 499.

Case Details:

Case Title: Alok Kumar & Anr. v. State Of UP & Ors.

Case No.: SS No. 6000/2019

Quorum: Justice Abdul Moin

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