Question

In certain cases decisions are quashed and directions are issued simultaneously. It is known as

• A. Continuing mandamus
• B. Anticipatory mandamus
• C. Certiorarified mandamus
• D. Certified mandamus

Hint:

"Certiorarified Mandamus" is a highly effective remedy in service law cases.
For example, the court will quash an illegal order of dismissal (Certiorari) and simultaneously direct the employer to reinstate the employee with back wages (Mandamus).

Answer 1

The Correct Option is C

Step 1: Understanding the Question:
The question asks for the legal term used to describe a combined judicial remedy where an administrative decision is quashed (using Certiorari) and positive directions are simultaneously issued to the authority (using Mandamus).

Step 2: Key Legal Principles and Approach:
The writ of Certiorari is used to quash or set aside an illegal, unconstitutional, or jurisdictional-error-ridden administrative or quasi-judicial order.
The writ of Mandamus is a command issued to perform a public duty.
We must examine the hybrid terminology used by courts when they combine these two functions.

Step 3: Detailed Explanation:

• Writ of Certiorari: This writ is fundamentally curative and negative in nature; it simply quashes the impugned order, leaving the matter back in the hands of the authority.

• Writ of Mandamus: This writ is positive and commanding in nature; it directs the authority to perform a duty or reconsider the matter in accordance with the law.

• The Combined Remedy: In many cases, simply quashing an order (Certiorari) is not enough to provide complete relief to the petitioner, as the authority may sit on the matter indefinitely.

• To prevent delay and ensure complete justice, courts often quash the illegal order and, in the same judgment, issue a positive direction to the authority to take specific steps or grant the benefit to the petitioner.

• This combined exercise of Certiorari and Mandamus is referred to as "Certiorarified Mandamus."

• Other options:

• "Continuing mandamus" is a remedy where the court keeps a case active and requires periodic compliance reports (used in public interest litigations).

• Therefore, Option (C) is the correct answer.

Step 4: Final Answer:
The simultaneous application of quashing an order and issuing positive directions is known as Certiorarified Mandamus, making Option (C) the correct answer.