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Question

Difficulty: MediumControl of Civil Service and Bureaucratic Problems

A citizen whose statutory application for a business license was indefinitely ignored by a government ministry without legal cause seeks judicial intervention. Which legal instrument should the court issue to compel the public official to perform this duty?

  1. Order of MandamusAnswer
  2. B
    Order of Certiorari
  3. C
    Order of Prohibition
  4. D
    Writ of Habeas Corpus

Answer

Order of Mandamus
An Order of Mandamus is a prerogative writ issued by a court to compel a government official, department, or administrative body to fulfill a mandatory public or statutory duty that they have wrongfully failed or refused to carry out.

Step-by-Step Solution

1
Identify the nature of the administrative problem in the scenario
The public official has neglected or refused to perform a mandatory statutory duty (processing a business license).
Judicial remedies for checking civil service actions depend on whether an authority exceeded its power, acted illegally, or failed to perform a required action.
2
Match the judicial remedy to the administrative failure
An order of mandamus is specifically designed to compel a public institution or civil servant to carry out a specific legal duty.
Courts exercise judicial control over the civil service through prerogative writs, each serving distinct administrative functions.

Key Concept

Judicial Control of Civil Service (Prerogative Writs)
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Topics

Control of Civil Service and Bureaucratic Problems

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