State of Chhattisgarh v. Rekha Soni - Art.226 - Writ Of Mandamus
Constitution of India - Article 226 - No mandamus will lie where the duty sought to be enforced is of a discretionary nature unless the exercise of discretion is made with oblique motives or extraneous purposes or extraneous considerations. (Para 15)
Chhattisgarh Education Services (Collegiate Branch) Recruitment Rules, 2019- Rule 12(7) - Merely an enabling provision that permits, but does not compel, the Public Service Commission to recommend a candidate from the waiting list when a selected candidate resigns, and therefore does not create an enforceable right in favour of the wait‑listed candidate. In light of amended Rule 19.6 of the Chhattisgarh Public Service Commission Procedure Rules, 2014, any post falling vacant due to resignation after assumption of charge is not to be treated as vacant at all, so the Commission had no discretion left to make a recommendation from the wait list for that post. On this reasoning, the Court set aside the High Court’s direction to appoint the respondent from the waiting list and allowed the State’s appeal -By use of word ‘can’ in place of ‘shall’, the legislature /the rule making authority has left a degree of discretion with the Commission to recommend or not to recommend from the wait list in the given eventuality. (Para 11-15)
Case Info
Basic Case Details
Case name and neutral citation:State of Chhattisgarh v. Rekha Soni & Anr., Civil Appeal No. ___ of 2026 (arising out of SLP (C) No. 26656/2025). No formal neutral citation is mentioned in the text provided.
Coram:Hon’ble Mr. Justice Manoj MisraHon’ble Mr. Justice Manmohan
Judgment date:29 January 2026 (New Delhi)
Caselaws and citations referred
Only one precedent is expressly cited:Chingleput Bottlers vs Majestic Bottling Company, (1984) 3 SCC 258, para 13 – relied on for the principle that a writ of mandamus does not lie to enforce a duty that is discretionary in nature unless the discretion is exercised with oblique motives or for extraneous purposes.
Statutes / Rules referred
The judgment discusses the following rules (all framed under service/commission frameworks in Chhattisgarh):
- Chhattisgarh Education Services (Collegiate Branch), Recruitment Rules, 2019
- Rule 12(7) – enabling the Commission to recommend a candidate from the waiting list where a selected candidate does not join within the valid period, resigns, is found unfit, or dies during the validity period.
- Chhattisgarh Public Service Commission Procedure Rules, 2014
- Rule 19.6 (as amended on 02.05.2019) – provides that if a candidate in the main selection list resigns after assuming charge, or the post becomes vacant due to appointment elsewhere or death, that post shall not be treated as vacant; only posts remaining vacant because a candidate is not available, becomes ineligible, or does not assume charge during the validity of the selection list may be filled from the supplementary (waiting) list.
- Constitutional reference:
- Article 309 of the Constitution of India – mentioned as the source under which the Recruitment Rules, 2019 are framed.