The Orissa High Court has held that authorities cannot be ordered to publish a "wait list" in a recruitment exam as a result of a writ of mandamus. The recruiting entity must decide whether to create a waiting list for any specific pick; the court cannot mandate that a waitlist be required for every selection, the court stated in rejecting this request.
In the instant case titled Dr Srikant Panda v. State of Odisha & Ors., the issues raised before the Orissa High court were:
Whether the posts left unfilled by non-joining of the selected candidates would be offered to those in the wait list?
Should age relaxation made available to candidates for civil services be extended to those applying pursuant to the said advertisement?
With regard to the issue, the court held that it is not possible for the court to issue a mandamus to the opposing parties ordering them to fill any open positions with the petitioner, regardless of the fact that he does not appear on the merit list if there is no requirement in the advertisement and in accordance with the governing rules for creating any waitlist.
The Court additionally decided that setting an upper age limit for appearing in examinations is under the purview of state policy; as a result, the Court cannot make that determination. It was also stated that since the Rules apply to all recruitment processes, there cannot be any discrimination due to the relaxation of the upper age limit that is provided to candidates for public services.
The categorically stated that:
“It is not possible for the Court, if there is no requirement in the advertisement and as per the governing Rules for preparing any ‘wait list’, for a mandamus to be issued to the Opposite Parties to offer any vacant post to the Petitioner irrespective of the fact that he does not figure in the merit list. Whether or not to have a waiting list for any particular selection is a policy decision to be made by the recruiting entity and it is not for the Court to dictate that for every selection there must be a wait list.”
Hence, both the petitions on preparation of wait list in addition to a merit list and age relaxation were dismissed.