JUDGMENT

[1] Heard Mr. K.K.Trivedi, learned advocate for the petitioners as also Mr. Kaushal D. Pandya, learned advocate for respondent No.1.

[2] The present writ petition is filed under Articles 14, 16 and 226 of the Constitution of India, seeking the following reliefs:-

{A} YOUR LORDSHIPS may be pleased to admit this petition;

{B} YOUR LORDSHIPS may be pleased to issue a a writ in nature of mandamus or any other appropriate writ, order or direction thereby directing the respondent to operate the waiting list published by it on 13.12.2016 (Annexure-B) for the post of Class-III Clerks (Code 701) and to fill up the vacancies existed before 13.12.2018 and between 14.12.2018 to September, 2021 when the restrictions of Covid-19 pandemic were withdrawn in the aforesaid peculiar facts and circumstances of the case as well as in the interest of justice;

IN THE ALTERNATE AND WITHOUT PREJUDICE TO THE ABOVE RELIEF

{C} YOUR LORDSHIPS may be pleased to issue pass a writ in nature of mandamus or any other appropriate writ, order or direction thereby directing the respondent to consider granting relaxation in age limits to the petitioners whose names are appearing on the waiting list (Annexure-B) dated in the upcoming Advertisement/s inviting applications for filling up the post of Class-III Clerks in the SMC in the aforesaid peculiar facts and circumstances of the case as well as in the interest of justice;

{D} PENDING admission, hearing, and final disposal of this petition, YOUR LORDSHIPS may be pleased to grant ex-parte ad-interim / interim relief directing the respondent to operate the waiting list published (Annexure-B) for the post of Class-III Clerks (Code 701) and to fill up the vacancies existed before 13.12.2018, and between 14.12.2018 to September 2021, when the restrictions of Covid-19 pandemic were withdrawn in the aforesaid peculiar facts and circumstances of the case as well as in the interest of justice;

{E} PENDING admission, hearing and final disposal of this petition, YOUR LORDSHIPS may be pleased grant ex-parte order / interim / ad-interim / ex-parte interim relief and further be pleased to direct the SMC to consider granting relaxation in age limits to the petitioners and other similarly situated waitlisted candidates of the aforesaid Waiting list published by the SMC on 13.12.2016 for the post of Class-III Clerks (Code 701) in the upcoming Advertisement/s inviting applications for filling up the post of Class-III Clerks in the SMC in the aforesaid peculiar facts and circumstances of the case as well as in the interest of justice

{F} YOUR LORDSHIPS be pleased to pass any such other and/or further order/s, thought just and proper, in the interest of justice.”

[3] At the outset, it is required to be observed that by way of this petition, the petitioner is seeking writ of mandamus or any other appropriate writ seeking direction against the respondent to operate the waiting-list published on 13.12.2016 for the post of Class-III. The present writ petition is filed on 07.09.2022, i.e., much after expiry waiting-list.

[4] It is settled position of law that upon completion of one year of publication of select-list/ waiting-list, it will be expired and cannot be operated further.

[5] At this stage, it would be apposite to refer to rely upon the decision of the Hon’ble Apex Court in the case of State of Orissa and another vs. Rajkishore Nanda and others reported in 2010 (6) SCC 777, wherein the Hon’ble Apex Court after taking note of its earlier decisions held thus:

“15. A Constitution Bench of this Court in Shankarsan Dash v. Union of India, 1991 AIR(SC) 1612, held that appearance of the name of a candidate in the select list does not give him a right of appointment. Mere inclusion of candidate's name in the select list does not confer any right to be selected, even if some of the vacancies remain unfilled. The candidate concerned cannot claim that he has been given a hostile discrimination. (see also As